Loomi Terms of Use

Welcome to Loomi! Loomi is brought to you by Cleverbean Pty Ltd (ACN 612 707 892) ("Cleverbean", "we", "us" or "our" or "Loomi" ).

By using Loomi services, application or content ("our Services") or by providing any information to set up an account with the intention of using our Services, you, on behalf of your school and students ("Member" or "you") confirm you accept these Terms of Use and agree to be bound by them.

These Terms of Use take effect as between you, as a representative of your school, and us with effect from the first time you use our Services.

If you do not agree with any provision of these Terms of Use, including as may be modified as described below, then you are expressly prohibited from using our Services and you must discontinue your use of our Services immediately.

1. Definitions and Interpretation

“Licencee” / “You”: the teacher or school registering for Loomi, the adult who represents the school and it's students, and who holds the licence, facilitating the use of Loomi within one or many classrooms.

“Students”: the students: (a) that you authorise to access Loomi using usernames you assign; and (b) on whose behalf you are authorised to act =under clause 3 of these Terms.

“Individual Teacher Trial Period”: the 4-week period beginning on your activation date where a school leader is not yet involved in the procurement process.

2. The purpose of Loomi and how it works

• Loomi is designed to give Students personalised, differentiated feedback on their writing and to provide teachers with lesson-based and skill-based insights that support instruction.
• You or your teachers will either develop or select and activate a chosen lesson to be taught that day. Once activated, the teacher will teach the lesson as usual in a typical classroom context, using the lesson plan developed by the teacher, or provided via Loomi, which links to a Cleverbean lesson.
• The teacher will copy and distribute the Student access link (the same link is used for all Students and all lessons in your class for the duration of the trial) via your preferred method (e.g. a shared document or Google Classroom).
• Upon login, Students will receive a reminder of the skill being taught and begin their independent practice.
• There is no end point to Student writing. Students can continue to receive feedback tailored to them, based on the learning intention and assessment criteria of the lesson.
• Reports are available immediately after the lesson for teachers to review how successfully students were in understanding and practicing the taught skill.
• Additional reports are available to teachers and school leaders to identify strengths and skill gaps across broad critical areas of writing.
• You may only use Loomi for classroom purposes, in connection with teacher-led lessons.

Ongoing licences are only available with approval of a leader at your school, however 4 week trials can be accessed, in accordance with these terms using individual teacher licences.

By registering to use Loomi, you confirm that you are authorised to act on behalf of your Students (including those under 13 years of age) and have obtained all necessary consents from your school and/or your Students’ parents or guardians.

We reserve the right to modify or discontinue any of our Services from time to time.

3. Licence Grant and Scope

• You may only use Loomi for classroom purposes, in connection with teacher-led lessons.
• All teachers using Loomi have a responsibility to complete relevant training, either via the scheduled onboarding session with a Loomi representative, by watching any provided training videos or by 'train the trainer' within schools who have adequately trained staff.
• All schools using the custom lesson feature to create their own lessons must have completed training, and test their creations using the test feature embedded into the tool. This ensures the teacher has awareness of the quality of the feedback students will receive, and provides the teacher with an opportunity to change lesson inputs to improve feedback outputs.

If in an Individual Teacher Trial Period

• You may only use the pre-loaded Cleverbean lessons found in the Loomi Library. Custom lesson creation is not available in the Self-Service version of Loomi, but is available to schools that have engaged in a partnership where all educators are fully trained to use Loomi with their own programming.
• You confirm that you are authorised to act on behalf of your Students (including those under 13 years of age) and have obtained all necessary consents from your school and/or your Students’ parents or guardians.
• You agree that your use of the licence is for trial purposes only and does not include school-wide use, multiple classrooms, or advanced integrations such as single sign-on.
• You agree to a limited, revocable, non-exclusive, non-transferable licence to use Loomi for one classroom (maximum 35 Students) during the Trial Period.

4. User Responsibilities

• You are solely responsible for ensuring that any necessary parental or school approvals are obtained prior to using Loomi with your Students.

• You are responsible for maintaining the confidentiality of your login credentials and must not share access with others.

• You agree to use Loomi only for lawful purposes and in accordance with these Terms. Misuse, redistribution, or unauthorised use is strictly prohibited.

• For accurate assessment results, you agree to empower Students to use their original work, and not use the work of you, or any other Student within the Student’s login of the application.

• If using a 4 week trial teach licence, you must assign pseudonymous usernames for Students (e.g. a preferred name). Do not enter Student email addresses or other personally identifiable information.

5. Users Under 13 Years

Any use of our Services which includes the collection, access and use of information, work or interactions of students below the age of 13 requires the verifiable consent of parents and guardians before use. You represent and warrant that you have received such consent, where required, either individually or on behalf of your School. If you are under 13 years of age, you must have the consent of your parents, guardians or teachers to use our Services, and in giving such consent, they agree that they are responsible to supervise your use at all times and that you are bound by these Terms of Use.

7. Data Protection and Privacy

• Any personally identifiable information that is provided, will be collected, stored and secured in compliance with the Privacy Act 1988 (Cth) and relevant state education standards. We do not sell, share, or use any personally identifiable information for unrelated purposes.

• Student usernames, email addresses and and writing samples are stored securely on servers located in Australia.

• Data you provide to us in connection with your use of Loomi may be deleted upon your request at any time.

• As an Individual Teacher in a Trial Period, you must not provide any personally identifiable information, of you or any Students, in connection with your use of Loomi. The Self-Service version of Loomi does not require the provision of any such information.

Intellectual Property

Loomi, and as a result, it's parent company Cleverbean retains ownership of all intellectual property rights in Loomi (including software, design, algorithms, and content other than user-generated content). These Terms do not transfer to you any ownership or rights in Loomi other than the limited licence granted

Student-generated content (including writing samples) remains the intellectual property of the Students and/or school. Loomi and as a result, Cleverbean, makes no claim to ownership of this content.

Loomi does not use any student-generated content, or assessment data to train models outside of it's own IP, for example, student writing may be processed using Large Language Models to provide feedback, but this data is not stored within those large language models, nor can those models use the student's data to further train the model.

Cleverbean’s intellectual property also resides within Loomi, includes copyright in, or authorised licensee rights in respect of, the Cleverbean Content (as defined above), including all text, photos, graphic designs and images that are available on cleverbean.co and app.cleverbean.co. Cleverbean is also the owner of trademark registration rights in relation to the Cleverbean word and logo. Cleverbean’s other intellectual property rights include domain name rights, know-how and confidential information.

While we allow you or your students to download or send editable Cleverbean Content to Google Classroom, you acknowledge that the original Cleverbean Content is and remains Cleverbean’s intellectual property. Your membership of Cleverbean allows you to download, use and edit Cleverbean Content for the sole purposes of student work.

You must not, without Cleverbean's prior agreement in writing:
(a) share Cleverbean Content (includes lesson content accessible from within the Loomi Library) with other teachers who are not Cleverbean members, including saving Cleverbean Content to any shared repository accessible by non-Cleverbean members; or
(b) upload Cleverbean Content, or Loomi lessons to other websites; Any non-commercial use of the content must reference Cleverbean as the owner of the content and must only be used by people who are members of Cleverbean on a paid subscription.

Safe Use of AI

• Loomi adopts the “Safe AI” and ethical standards adopted by Australian education authorities to ensure the application remains safe for schools, educators and Students, including children under 13.

• Loomi does not engage in open-ended conversation. Feedback is restricted to the lesson’s learning goals and provided in a structured format (Glow, Grow, Suggestion).

• Loomi does not expose Students to external content, nor does it provide unrelated or harmful outputs.

Service Availability and Support

• Loomi is provided on an “as is” and “as available” basis.

• We are continuing to develop and test Loomi (it’s in ‘BETA’ phase), so it may be incomplete, interrupted, contain errors, limitations or experience downtime. Whilst we will use reasonable efforts to notify Users of planned downtime or significant disruptions, we do not guarantee uninterrupted, secure, or error-free access.

• We cannot guarantee that your school or jurisdiction will permit access to the Loomi URL from teacher or Student devices. If you encounter access restrictions, please contact support@cleverbean.co for assistance.

• We will use best efforts to respond to support requests within a reasonable timeframe and to resolve issues promptly, but we make no guarantee of resolution timeframes.

• We may suspend or restrict access to carry out maintenance or improvements.

• We may suspend, restrict or terminate access to Loomi if we notice any misuse of the application, either by Students or you as the Licencee.

Warranties and Liability

• To the fullest extent permitted by law, Loomi disclaims all warranties, express or implied, including in relation to fitness for purpose, accuracy, or performance.
• Loomi is not liable for indirect, incidental, or consequential damages, including loss of profits or teaching time.
• Loomi accepts no responsibility or liability in connection with Student outcomes. Loomi's total liability for any claim arising out of or relating to these Terms is limited to the amount of the Trial Fee paid.
• Nothing in these Terms excludes liability where it cannot lawfully be excluded.

Termination and Suspension

We may suspend or terminate your access immediately if:

• you breach these Terms;
• we reasonably consider that you are using Loomi in an unauthorised or inappropriate way; or
• you fail to pay any agreed fees.
• Upon termination, your right to use Loomi immediately ceases.
• You may stop using Loomi at any time by ceasing to access it.

Communications

By registering, you agree that Loomi, or a representative from Loomi may contact you about your trial, account activity, and potential upgrades.

You also agree to receive marketing communications from Cleverbean about Loomi or other Cleverbean products or services, which you may opt out of at any time.

Confidentiality

Both parties agree to maintain the confidentiality of all non-public information obtained in connection with these Terms, including Student data, teacher data, and any proprietary information about Loomi.

Confidentiality obligations do not apply to information that is already public, independently developed, or required to be disclosed by law.

Modifications to these Terms of Use

From time to time, at our complete discretion, we will modify these Terms of Use at any time and for any reason. We will notify you of any substantial modifications, and prior to using the appliation, you will need to acknowledge and agree to any new terms. For other modifications we will publish the updated Terms of Use on this webpage. Your continued use of our Services constitutes your agreement to any modification. It is your responsibility to periodically review these Terms of Use, in particular when notified of major updates to stay informed of changes that may impact your circumstances and appropriate engagement with our services.

Warranty of authority

If your use of our Services is on behalf of a school or other educational institution ("School"), you represent and warrant that you are authorised to agree to these Terms of Use on behalf of the School.

Feedback

We welcome and encourage you to notify us of your feedback, comments and suggestions for improvements to our website, applications Services. Please email us
on support@cleverbean.co with any feedback, comments or suggestions. You acknowledge and agree that all feedback you give us will be our sole and exclusive property and you agree to assign to us all of your right, title, and interest in and to all feedback (including intellectual property rights) in the feedback and waive any moral rights you may have in such feedback.

Copyright remuneration schemes

We intend to claim remuneration from the Copyright Agency under its statutory licence in Australia in relation to photocopying, printing, accessing, sharing and using Cleverbean Content. The use by you or your School of Cleverbean Content may be included as part of a survey or monitoring conducted by or on behalf of the Copyright Agency. The printing, photocopying, sharing and use of Cleverbean Content within any survey or monitoring, may increase the copying rate as determined by the Copyright Agency.

Copyright infringement

If you believe there has been a copyright infringement impacting you or your School, then you can provide us with written notice of the alleged infringement. You must be the copyright owner or authorised to act on behalf of the copyright owner. We will use our best endeavours to respond within a reasonable time frame, and to address the issue fairly and with common sense. This may include suspending access rights to users, and/or removal of the User Content that is the subject of the alleged infringement.

Limitations of liability

The Services are provided "as is" and "as available". You agree your use of our Services is at your own risk. We do not represent or warrant that the operation of our Services will be secure, confidential, uninterrupted, error-free, accurate, complete or current. Your access to and use of our Services is not guaranteed and we will not be responsible for any damage from your access and use; and/or loss of data or content caused by our Services or their unavailability.

We are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
 (a) any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;
 (b) any negligence by us, our employees or contractors in connection with your use of this Services; or
 (c) third party sites or resources.

We expressly disclaim all warranties of any kind, whether express or implied, with respect to our Services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement.

Under no circumstances will we or our officers, employees, directors, shareholders, agents, or licensors be liable (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of our Services. Where our Services contain links to third party content or websites, we have no control over such third party content or websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If, notwithstanding these Terms of Use, we are found to be liable to you or any third party in connection with your use of our Services, the total liability for us and our officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred Australian Dollars ($100).

To the extent that we may not disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted.

To the extent permitted by law, except for actions for non-payment or breach to a parties proprietary rights, no action, regardless or form, arising out of or relating to this agreement may be bought by either party more than 1 year after the cause of the action has accrued.

Indemnity

You agree to indemnify us against all claims, damages, costs, expenses (including legal fees), losses (including loss of income and business opportunities) or liabilities that are suffered or incurred by us arising from, or in connection with:

(a) your breach of these Terms of Use;

(b) your negligent, wrongful or unlawful act or omission; or

(d) any infringement of a third party’s rights.

Force Majeure

Cleverbean will not be responsible for failure or delay of performance of Services if caused by an act of God, electrical internet and telecommunication outage, government restrictions; or other events outside our reasonable control.

Notices

Notices required to be given under these Terms of Use may be sent by email at support@cleverbean.co or in the case of notices we give you, by making the information available through our Services.

Terms that survive termination

Any warranty, indemnity, or obligation of confidentiality in these Terms of Use will survive termination. Any other term which by its nature is intended to survive termination of these Terms of Use survives termination of these Terms of Use.

Entire Agreement

These Terms of Use set out the entire agreement between you and us relating to the supply of the goods and/or services described on our website or applications and supersedes all prior discussions and communications.

Governing law

This agreement is governed by and constructed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.

Contacting Us

Please do not hesitate to contact us at support@cleverbean.co if you have any other questions or requests in relation to these Terms of Use.