Terms of Service
The website, software application and any related services known as 'EasedUP' (EasedUP) offered on easedup.com has been developed and is operated by EdUP Solutions ("we", "us", "our"). We are a company incorporated and registered in New South Wales, Australia with company number ACN 679 333 594.
By accessing and/or using Eased UP you agree to these terms (Terms).
You confirm that you have the power and authority to enter into, be bound by, and deliver and perform the obligations under, these Terms. You must not use Eased UP if you do not agree to these Terms.
1. Accounts and registration
1.1 Accounts
To access Eased UP, you must register for, and hold, an account for your use (Account). By creating an Account you confirm that you:
possess the legal right and ability to enter into a legally binding agreement with us; and
agree to use Eased UP only in accordance with these Terms and our Usage Policy.
have not previously been suspended or removed from using Eased UP; and
have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
1.2 Registration process
As part of registering for, and activating, your Account, you will need to provide us with information, including personal information about you, which we collect to operate our business and Eased UP and ensure Eased UP remains safe and secure for users. This information will include your full name, and contact details (such as the contact email and phone number). We will use and disclose this information for the purposes of operating our business, Eased UP, the related services, and as otherwise described in our Privacy Policy.
1.3 Account security
When you register and activate your Account, you can sign in using single sign-on (SSO) providers or a secure login code sent to your email. You are responsible for keeping your email account secure and are accountable for all activity carried out on your Account on Eased UP.
2. Services
2.1 EasedUP overview
Eased UP supports the development of educational resources, by providing certain functions as described on our website.
2.2 Updates to Eased UP functions
From time to time, we may (in our sole discretion):
change or update Eased UP or its functions; or
agree to provide new functions.
Such updates or new functions may be subject to additional terms and fees as notified to you by Eased UP.
2.3 Term
These Terms commence when you first access Eased UP and will continue until terminated by you or Eased UP in accordance with these Terms.
3. Fees and payments
3.1 Subscription Fees and additional fees
In order to access Eased UP, you may be eligible for a free trial period as published on our website, Eased UP, or as otherwise agreed with you. Once the free trial period ends, you may be required to pay a subscription fee (Subscription Fee) for your chosen subscription period (Subscription Period). All fee amounts are in Australian dollars unless otherwise indicated.
Subscription Fees (including any required taxes) are payable in advance for the relevant Subscription Period. Eased UP may terminate your Account and these Terms if you have not paid the relevant Subscription Fees, or where the Subscription Period has expired.
Eased UP may vary the Subscription Fee on reasonable advance notice, with such varied Subscription Fee to apply at the commencement of your next Subscription Period.
Your subscription will automatically renew at the end of the applicable Subscription Period unless you cancel your subscription before the end of the then-current Subscription Period. The cancellation will take effect the day after the last day of the then-current Subscription Period. Eased UP does not provide refunds or credits for any partial Subscription Period, except as expressly stated in these Terms.
4. Privacy and data use
4.1 Privacy obligations
Each party must, in the performance of these Terms, comply with applicable privacy laws in respect of any personal information, including without limitation the Privacy Act 1988 (Cth) in Australia, the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, and any other relevant jurisdictional privacy laws.
Without limiting clause 1(a), you must ensure that at all times you hold all necessary authorisations and current consents from individuals (including patients) to disclose their personal information (including sensitive information) to Eased UP, so that Eased UP may collect, use, store and disclose personal information (including sensitive information) for the purpose of operating Eased UP and as described in our Privacy Policy, without you or Eased UP infringing any law or the rights (including the intellectual property rights, moral rights or privacy rights) of any individual.
4.2 Personal Information Collection Notice
We collect, store, use and disclose personal information about you in order to provide you with use of Eased UP and for purposes otherwise set out in our Privacy Policy at https://easedup.com/privacy.
Our Privacy Policy explains:
how we store and use, and how you may access and correct your personal information;
how you can lodge a complaint regarding the handling of your personal information; and
how we will handle any complaint. If you would like any further information about our Privacy Policy or practices, you can view our Privacy Policy or contact us at hello@easedup.com
By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in these Terms and our Privacy Policy.
We may disclose personal information to third parties that help us deliver our services or improve Eased UP (including to software developers, information technology and communication suppliers and our business partners) or as required or permitted by law.
If you do not provide this information, we will not be able to provide Eased UP or related services to you.
5. Use of Eased UP
5.1 General
You must:
comply with all applicable laws and professional obligations in connection with:
these Terms; and
your use of Eased UP and any related services;
receive consent from your students and/ guardians to share personal and sensitive information with Eased UP if mandatory in your jurisdiction;
cooperate and comply with all reasonable directions of Eased UP in relation to your use of Eased UP;
comply with Eased UP's Platform Usage Policy as notified to you from time to time;
notify Eased UP immediately if you become aware of:
any actual or potential defect in Eased UP or related services; and
any complaint reported by any other person in connection with Eased UP; and
comply with these Terms in full at all times.
Except as otherwise permitted under these Terms, you must not:
distribute, sub license or otherwise transfer all or any part of Eased UP to any other person;
grant any security interest over Eased UP;
Attempt to disassemble, decompile or otherwise reverse engineer the Platform, except as permitted by applicable copyright laws;
alter, customise, modify, or create derivative works of Eased UP;
expose Eased UP, or any data to reasonably avoidable cyber risks;
remove, obliterate or alter any proprietary notice on Eased UP;
supply inaccurate data to Eased UP or any other person through Eased UP;
you must not do any act that would have an adverse impact on the reputation or standing of Eased UP; or
you must not do any act that is unlawful or is prohibited by any Laws applicable to Eased UP
5.2 Third-party functionality
Eased UP's functionality may involve the use of software, data, applications, services, or content that is provided to Eased UP by third parties (Third Party Resources).
You agree to comply with any reasonable additional terms notified to you by Eased UP in respect of the use of Third Party Functionality, or outputs of such functionality. If you do not agree to comply with those terms, we will not be able to offer Eased UP and the related services to you and accordingly, we may need to cancel or terminate your Account, or you may cancel or terminate your Account.
5.3 Records
You will maintain accurate and complete records and documents related to your interaction with and use of Eased UP and the related services, including as required by law.
6. Linked sites and resources
Eased UP may contain links to websites and resources operated by third parties (Third Party Resources). Unless expressly stated otherwise, we do not endorse and are not responsible for the content of Third Party Resources, and have no control over or rights in those Third Party Resources. The terms that may apply to Third Party Resources may differ substantially from these Terms, so you should read them before using Third Party Resources.
7. Intellectual Property
7.1 Our intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Eased UP and any material (including all text, graphics, logos, audio and software) made available through Eased UP (Eased UP Content).
To enable EdUP Solutions to use your feedback for its business purposes and to improve Eased UP, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable licence and authority to use feedback you provide to us for these purposes. This licence allows us to make improvements to Eased UP from your suggestions, enhancement requests, recommendations, and information you provide to us (including any information which is your intellectual property) without restriction and without payment.
7.2 License to the Eased UP and Content
Eased UP grants you a limited, non-transferable, non-exclusive licence to use Eased UP and Eased UP Content for the duration of these Terms solely for the purpose of supporting development of educational resources. You must not use Eased UP or Eased UP Content for any other purpose, or otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Eased UP Content, software, products, or services contained within Eased UP.
Eased UP licenses Eased UP from third parties. You acknowledge and agree that your use of such Content may be subject to further restrictions imposed by such third parties and notified to you by Eased UP.
7.3 License to your materials
You grant to Eased UP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable licence and authority to use the deidentified material you provide or otherwise make available to Eased UP for the purpose of Eased UP making Eased UP functionality available to you, and as otherwise permitted by these Terms.
8. Confidential information
You must not disclose any Content or any information of a confidential nature communicated by us, or otherwise learnt, accessed or generated by you as a result of entering into these Terms or using Heidi, Heidi Content or receiving related services (Confidential Information) except:
to your personnel who have a need to know;
if the disclosure is required by law; or
if the recipient of the Confidential Information has independently obtained such information from a third party (other than via a breach of confidence).
For the avoidance of doubt, information which is in the public domain (other than as a result of a breach of confidence) is not Confidential Information.
You must hold the Confidential Information in strict confidence and employ all reasonable steps to protect the Confidential Information from unauthorised or inadvertent disclosure, including without limitation all steps you take to protect your own information that you consider proprietary and/or confidential. You must promptly notify us of any actual or suspected security breach in relation to Eased UP or related services, or your access to or use of Eased UP, Eased UP Content or related services.
9. Limitations
9.1 Technical requirements
You acknowledge that you are responsible for ensuring that your information technology and other systems are able to work in conjunction with Eased UP.
9.2 No professional educational advice
You agree that your use of Eased UP, Eased UP Content and the related services is solely for the purposes of supporting your administrative processes. You must exercise all necessary, and final, professional and educational decisions in relation to distribution of educational resources.
You agree that you must not frame or suggest that:
EasedUP or any EasedUP Content constitutes professional educational advice, or that it can be relied upon as professional educational advice (including any representation or warranty with respect to any distribution of education by any person or educational service); or
Eased UP or any Eased UP Content can be relied upon without independent consideration and confirmation by a qualified educational practitioner.
We make no representations or warranties with respect to any distribution of education by you or any person whether based on Eased UP Content or not. In no circumstances will we be liable for any direct, indirect, consequential, special, exemplary or other damages, however arising, from the same.
9.3 Notification of adverse events
You must notify Eased UP immediately if you become aware of:
any problem or incident associated with Eased UP that has caused, or could cause; or
any deficiencies or potential deficiencies in safety, quality, efficacy, performance or presentation of Eased UP.
10. Suspension and termination
10.1 Suspension
Where practicable, we will provide you with notice of any outages or suspensions of Eased UP and will communicate this to you within areasonable time. We reserve the right to restrict, suspend or terminate your access to Eased UP without notice (although we will provide prior notice wherever practicable). To the maximum extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result.
10.2 Termination
You may terminate your use of Eased UP (and accordingly these Terms) by emailing hello@easedup.com or through your Account settings. Eased UP will not refund any fees or other amounts that you have paid.
We may terminate these Terms if:
we reasonably believe you have breached any of these Terms;
we withdraw Eased UP from market, provided you will be entitled to a pro rata refund of fees paid; or
we consider it reasonably necessary to comply with applicable law.
Where we terminate these Terms, except as expressly provided in these Terms or as required by applicable law, we will not refund any fees or other amounts that you have paid.
10.3 Effect of termination
On termination or expiry of these Terms:
you must pay all relevant outstanding fees or other amounts (including under an indemnity) due under these Terms;
the licence granted by Eased UP to you under clause 7.2 will cease and we shall cease providing (and you shall cease using) Eased UP and related services;
to the extent permitted by law, you must (at our request) return or destroy all copies of Confidential Information retained in your systems or otherwise in your possession or control;
to the extent permitted by law, we may in our discretion, delete any data, content or materials which have been provided to us; and
this will not affect any accrued rights, and rights and obligations which are intended or which by their nature survive termination will continue to have effect.
11. Indemnity
You must at all times indemnify and hold harmless and release Eased UP and our related bodies corporate from and against any loss, liability, demand, claim, action or expense (however arising and whether present or future, fixed or unascertained, actual or contingent) incurred or suffered by any of Eased UP or its related bodies corporate relating to or arising from:
any claim made by a user regarding any action or inaction on your part, except where the loss is directly caused by unlawful or willful misconduct by Eased UP or its affiliated entities.
any willful, unlawful, fraudulent, or negligent action or inaction by you or your personnel.
any damage to or loss of property, or any harm, injury, or death affecting us or our affiliated entities, to the extent caused by your (or your personnel's) negligent or willful actions or omissions under these Terms.
your use of Eased UP, Eased UP Content, or related services, except where the loss is directly caused by unlawful or willful misconduct by Eased UP or its affiliated entities.
any infringement or misuse of intellectual property rights related to Eased UP, Eased UP Content, or related services by you or your personnel, except where caused by an act or omission of Eased UP or its affiliated entities.
12. Liability
12.1 Disclaimer
You acknowledge that the functionalities of Eased UP involve the use of artificial intelligence and machine learning and while Eased UP seeks to ensure accuracy of Eased UP and Eased UP Content, due to the probabilistic and rapidly evolving nature of such functions, Eased UP and Eased UP Content may in certain circumstances be inaccurate, incomplete or inappropriate. While we continue to work on improving the accuracy, reliability and safety of Eased UP, it is your responsibility to evaluate the accuracy of any Eased UP Content as appropriate, including by undertaking a manual review of Eased UP Content, to ensure that it appropriately reflects the information you have inputted, before such Eased UP Content is further used or relied upon.
Eased UP, Eased UP Content and the related services are provided "as is" without warranty or guarantee of any kind, and we will not be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered:
due to your use of Eased UP, the related services and/or the information or materials contained on or made available through it (including Eased UP Content);
as a result of the inaccessibility of Eased UP, Eased UP Content or the related services (including any loss, corruption or destruction of your material);
as a result of unauthorised access to, or alteration of either data or materials entered into or produced by Eased UP or the related services;
due to communications, performance, security or data corruption problems, disconnection of transmission services or failures or delays in transmission of Eased UP or the related services connected with telecommunication services and other means of transmission provided by third parties;
as a result of the fact that certain information or materials contained on Eased UP or through the related services (including any Eased UP Content) are incorrect, incomplete or not up-to-date; and/or
in connection with an interference with or damage to your computer systems occurring in connection with the use of Eased UP or a linked site.
12.2 Eased UP Liability
Without limiting clause 12.1, to the extent permitted by law, the aggregate liability of the Eased UP for loss sustained by you in connection with these Terms (whether under statute, in contract or in tort, including for negligence, or otherwise) during any consecutive twelve month period from the commencement of these Terms and from any anniversary of the commencement date (as the case may be) is limited to the fees which Eased UP is entitled to in relation to your use of Eased UP and the related services during that period.
13. Jurisdiction and governing law
These Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
14. Updates
We may (in our sole discretion) modify, update or replace any or all of these Terms from time to time by providing reasonable and, where practicable, 30 days' prior written notice of the update to the Terms, including details of the relevant changes.
This notice may be provided via notification on Eased UP or via other methods. Where the change materially and detrimentally affects:
your use of Eased UP;
the function, receipt or use of related services; or
your rights and obligations under these Terms, you will be entitled to terminate these Terms and your Account (including your access to Eased UP and the related services) through your Account settings on Eased UP or by emailing hello@easedup.com. In such circumstances, you will be entitled to a pro rata refund of any relevant Subscription Fees paid in advance. Continued use of Eased UP following the reasonable notice period and implementation of the update shall be deemed acceptance of the new updated Terms.
15. Relationship of parties
Each party is acting in the capacity of independent contractor. These Terms do not constitute any partnership, trust, agency, joint venture or employment relationship between the parties.
Neither party has the authority to act, contract or to incur any obligation or responsibility on behalf of the other party except as provided in these Terms.
16. General
Your Account is personal to you, and you may not permit any other person to use your Account or transfer, assign or sub-contract or sub-licence or otherwise dispose of any of your interests, rights or obligations under these Terms.
If we are partially or wholly precluded from complying with our obligations under these Terms by any event, matter or circumstance that is beyond our reasonable control, then our obligation to perform will be suspended for the duration of the delay arising out of that event, matter or circumstance and we will not be liable for failure to perform our obligations.
Nothing in these Terms or any circumstances associated with it or its performance give rise to any relationship of partnership, principal and agent, or employer and employee and you have no right to assume or create any obligations of any kind, express or implied, in the name of or on behalf of us.
These Terms constitute the entire agreement between us relating to the subject matter of these Terms and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.
If any part or provision of these Terms are invalid, unenforceable or in conflict with the law, the invalid or unenforceable part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of the part or provision. The remainder of these Terms will be binding on the parties.
Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of this Terms and the transactions contemplated by it.
We shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by a Force Majeure Event.
17. Definitions
Account
A unique user account created on the Website, providing access to the Services.
Content
Any text, images, data, or other materials created, uploaded, or submitted by you through the use of the Services.
Services
The software, tools, and features available on the Website, including but not limited to, the ability to create, store, and share educational resources.
Platform
The online system, website, and related applications operated by us to provide the Services.
Force Majeure Event
An event beyond the reasonable control of either party, such as natural disasters, acts of war, government regulations, and internet outages.
Terms
Means these terms of service which may be updated by us from time to time.
Privacy Policy
Our privacy policy located at https://easedup.com/privacy.
Subscription Fee
The recurring payment required to access premium features or Services, as specified on the Website.
Subscription Period
The duration of time for which a user has paid the Subscription Fee to access the Services, as specified at the time of purchase.
Last updated on 21st February 2025.