About these terms
These Terms of Service ("Terms") are an agreement between you and Polarbear AI Pty Ltd (ABN 29 691 267 768), trading as Polarbear ("Polarbear", "we", "our" or "us"). Our registered address is 470 St Kilda Rd, Melbourne VIC 3004.
These Terms govern your access to and use of the Polarbear learning platform, applications, websites and related services (the "Platform"). By creating an account, accepting these Terms, or using the Platform, you agree to be bound by them. If you use the Platform for a school or another organisation, you confirm that you are authorised to accept these Terms on its behalf.
The Platform
Polarbear provides learning services that may include:
- personalised tutoring and learning assistance;
- essay marking and feedback;
- interactive learning, study and content-creation tools;
- educational content discovery and sharing; and
- study materials and resources.
We may add, change, suspend or discontinue features. Where a change materially affects your use or legal rights, we will provide notice as described below.
Accounts and your responsibilities
You must:
- provide accurate and complete account information;
- keep your login credentials secure and not share access to your account;
- promptly notify us of suspected unauthorised access;
- use the Platform only for lawful educational purposes; and
- comply with these Terms and any reasonable instructions displayed in the Platform.
You are responsible for activity carried out through your account, except to the extent caused by Polarbear's breach of law or these Terms. One account per user is permitted unless we approve another arrangement.
Acceptable use
You must not:
- use the Platform for an illegal, fraudulent or unauthorised purpose;
- upload malicious, harmful, unlawful, infringing or seriously inappropriate content;
- harass, exploit, impersonate or harm another person;
- attempt to bypass security, access controls, usage limits or technical protections;
- gain or attempt to gain unauthorised access to an account, system or data;
- interfere with the Platform's availability or operation;
- scrape, reverse engineer or extract models, source code or datasets except where the law expressly permits it; or
- use the Platform or its output in a way that violates another person's rights.
We may investigate suspected misuse and remove content, restrict features, suspend accounts or take other reasonable steps to protect users and the Platform.
Your content
You retain ownership of content you submit to the Platform. You grant Polarbear a non-exclusive, worldwide licence to host, copy, process, adapt and display that content only as reasonably necessary to operate, secure and improve the Platform, provide requested features, comply with law, and enforce these Terms.
You confirm that you have the rights and permissions needed to submit the content and allow this use. Do not submit personal information or confidential material that is unnecessary for the learning service. You remain responsible for decisions about sharing or publishing your content.
Polarbear content and intellectual property
The Platform, its software, design, branding and Polarbear-provided content are owned by or licensed to Polarbear and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive and non-transferable right to use the Platform for personal educational purposes or an authorised school use.
You may not reproduce, sell, sublicense or commercially distribute Polarbear content unless we give written permission or the law permits it.
AI services and educational limitations
The Platform uses automated and artificial-intelligence systems. AI-generated tutoring, marking and feedback can be incomplete, inaccurate or inappropriate for a particular context. It is supplementary educational assistance, not a substitute for a teacher, professional advice or independent verification.
You should review important outputs and verify them with an educator or authoritative source. We do not guarantee a particular academic result, score or outcome.
Privacy and data handling
Our Privacy Policy explains the kinds of personal information we collect and hold, how we collect and use it, service-provider and overseas disclosures, retention, security, access and correction, and how to make a privacy complaint. It is incorporated into these Terms by reference.
You may opt out of marketing messages, but mandatory account, security, service and legal notices are part of operating the Platform and are not controlled by marketing unsubscribe preferences.
If we plan to relocate our cloud infrastructure, data hosting, the AI models we use, or personnel with access to unencrypted personal information to a country other than those listed in the Privacy Policy, we will notify affected customers in advance — on average at least 30 days before the change takes effect. This notice is a mandatory legal notice under the paragraph above.
Third-party services
The Platform may rely on or link to third-party authentication, payment, hosting, analytics, communications and AI services. Their separate terms or privacy policies may apply when you interact directly with them. Polarbear is not responsible for an external site or service that it does not control, but this does not limit obligations that cannot lawfully be excluded.
Availability and security
We aim to keep the Platform available and secure, but do not guarantee uninterrupted or error-free operation. Maintenance, incidents, third-party outages or events outside our reasonable control may affect availability. You are responsible for keeping copies of content where loss would materially affect you.
Suspension and termination
You may stop using the Platform at any time. We may suspend or terminate access where we reasonably believe that you have materially breached these Terms, created a security or legal risk, failed to pay an applicable fee, or used the Platform in a way that could harm another person or the service.
Where practicable and appropriate, we will provide notice and an opportunity to remedy the issue. We may act immediately where necessary to prevent harm, comply with law or protect security. Provisions that by their nature should continue after termination, including intellectual-property, liability, privacy and dispute provisions, will survive.
Disclaimers and liability
Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
To the maximum extent permitted by law, the Platform is provided on an "as available" basis, and Polarbear excludes implied warranties that may lawfully be excluded. To the maximum extent permitted by law, Polarbear is not liable for indirect, incidental, special or consequential loss arising from use of the Platform.
Changes to these terms and mandatory notices
We may update these Terms to reflect changes to the Platform, our practices or the law. We will publish the current version and effective date. We will provide mandatory email or in-platform notice of material changes, and may require you to accept the updated Terms before continuing to use authenticated parts of the Platform.
Mandatory legal notices cannot be unsubscribed from. This does not affect your right to unsubscribe from marketing communications.
If you continue using the Platform after a non-material change takes effect, you accept the updated Terms. For a material change requiring explicit acceptance, the Platform will ask you to accept it before continued authenticated use.
Contact us
Questions about these Terms may be sent to:
- Polarbear AI Pty Ltd
- ABN 29 691 267 768
- 470 St Kilda Rd, Melbourne VIC 3004
- Email: privacy@trypolarbear.com