Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the ScoreMentor platform, mobile application, and associated services (collectively, the "Platform") operated by 90 Ninety 90 Ninety Pty Ltd (ABN 52 625 708 821) ("ScoreMentor", "we", "us", "our"), a company incorporated in Australia. ScoreMentor is a registered trading name of 90 Ninety 90 Ninety Pty Ltd.

By accessing or using the Platform, registering an account, or clicking "I agree", you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.

These Terms apply to all users including Institute Partners (B2B) and Student Users (B2C).

2. Definitions

In these Terms:

• "Institute Partner" or "Partner" means any coaching centre, education institute, language school, independent teacher, tutor, or migration agent that has entered into a white-label licensing agreement with ScoreMentor.
• "Student User" means any individual who accesses the Platform through an Institute Partner's branded portal for the purpose of English test practice.
• "Platform" means the ScoreMentor web application, mobile applications (iOS and Android), APIs, and all associated software, content, and services.
• "White-Label Service" means the configuration and deployment of the Platform under an Institute Partner's own branding, logo, domain, and identity.
• "AI Scoring" means the automated machine learning models used by ScoreMentor to evaluate and score practice test responses.
• "Content" means all text, audio recordings, video, images, questions, practice materials, reports, and other materials available on or generated by the Platform.
• "Partner Portal" means the branded online platform and mobile application provided to an Institute Partner under the White-Label Service.
• "Agreement" means the white-label licensing agreement entered into between ScoreMentor and an Institute Partner, incorporating these Terms.

3. Eligibility and Account Registration

To use the Platform as an Institute Partner, you must:

• Be a legally constituted business, sole trader, or registered professional.
• Be at least 18 years of age and have legal authority to enter into binding agreements on behalf of your organisation.
• Provide accurate, current, and complete information during registration.
• Maintain the security of your account credentials and notify us immediately of any unauthorised access.

To use the Platform as a Student User, you must be enrolled by an Institute Partner. Students under the age of 13 may only use the Platform with verified parental or guardian consent provided through the Institute Partner.

You are responsible for all activity that occurs under your account. You must not share login credentials with any other person.

4. Description of the Platform

ScoreMentor provides a white-label LMS that enables Institute Partners to offer branded English test preparation services to their students. The Platform includes:

• AI-scored practice tests for PTE Academic, IELTS, NAATI CCL, OET, CELPIP, TOEFL, PTE Core, LanguageCert, Cambridge English, Duolingo English Test, and other supported tests.
• Student management and administration tools for Institute Partners.
• Score analytics, progress reporting, and section-level performance dashboards.
• Homework and assignment tools for Institute Partners to assign practice to students.
• Branded mobile applications (iOS and Android) available through respective app stores.
• Messaging and communication tools between Institute Partners and their students.

The Platform is provided as a technology tool to support English test preparation. It does not constitute formal education, professional tutoring, legal advice, immigration advice, or medical advice. Official test scores must be obtained directly from the relevant test authority (Pearson, IDP/British Council, NAATI, Cambridge, etc.).

5. Institute Partner Terms

White-Label Licence

Subject to payment of applicable fees and compliance with these Terms, ScoreMentor grants each Institute Partner a non-exclusive, non-transferable, revocable licence to:

• Deploy the Platform under the Partner's own branding, logo, and domain.
• Enrol and manage Student Users through the Partner Portal.
• Access all features included in the Partner's subscription plan.

This licence does not permit the Institute Partner to sublicense the Platform to any third party, resell ScoreMentor services without a separate reseller agreement, or reverse-engineer, copy, or create derivative works from the Platform.

Partner Obligations

Institute Partners agree to:

• Comply with all applicable laws in operating their coaching business and in their use of the Platform.
• Obtain all necessary consents from students before enrolling them on the Platform, and maintain a privacy policy disclosing the use of the ScoreMentor Platform.
• Not misrepresent the AI-scored practice results as official test scores to students or visa authorities.
• Not use the Platform for any unlawful, harmful, or deceptive purpose.
• Ensure their students comply with these Terms to the extent applicable to Student Users.
• Promptly notify ScoreMentor of any data breach, security incident, or misuse of the Platform.
• Not enrol students under 13 without verifiable parental or guardian consent.

Branding and Representation

Institute Partners may brand their Partner Portal with their own name, logo, and colours. However, Partners must not:

• Remove, obscure, or alter any ScoreMentor copyright or legal notices embedded in the Platform.
• Represent themselves as the developer or technology owner of the underlying Platform without written consent from ScoreMentor.
• Use ScoreMentor's own brand name, logo, or trademarks in their marketing without prior written approval.

Fees and Payment

Institute Partners will pay the fees specified in their subscription plan or as otherwise agreed in writing. Unless stated otherwise:

• Fees are charged monthly or annually in advance.
• All fees are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.
• GST (Goods and Services Tax) will be added where applicable under Australian law.
• Fees are non-refundable except as required by the Australian Consumer Law or as expressly stated in the Partner's plan.
• ScoreMentor reserves the right to suspend access to the Platform if payment is overdue by more than 14 days, following notice.
• ScoreMentor may update fees on 60 days' written notice. Continued use after the fee change takes effect constitutes acceptance.

Student Data Responsibility

Institute Partners are responsible for all Student User data entered into or managed through their Partner Portal. Partners acknowledge that:

• They are the data controller for their students' personal information within the meaning of applicable privacy laws.
• ScoreMentor processes student data only on the Partner's instruction and in accordance with the Privacy Policy and Data Processing Agreement.
• Partners must not enter false, misleading, or unlawfully obtained student data into the Platform.
• Upon termination, Partners may export student data within 30 days. After that period, data will be permanently deleted.

6. Student User Terms

Student Users access the Platform through their Institute Partner's branded portal. By using the Platform, Student Users agree to:

• Use the Platform solely for legitimate English test preparation purposes.
• Not share account credentials or allow others to use their account.
• Not attempt to manipulate, deceive, or game the AI Scoring system.
• Not reproduce, distribute, or commercially exploit any practice questions, content, or materials from the Platform.
• Not use automated tools, bots, or scripts to access or interact with the Platform.
• Not record, screenshot, or redistribute AI-scored feedback, score reports, or any Platform content without authorisation.

Student Users acknowledge that their practice activity, scores, and progress data are visible to their Institute Partner, as described in the Privacy Policy.

7. AI Scoring — Disclaimers and Limitations

ScoreMentor's AI Scoring system provides estimates and approximations only.

Users expressly acknowledge and agree that:

• AI scores are not official test scores and cannot be used in visa applications, university admissions, professional registration, or any other formal assessment process.
• AI Scoring models are trained on large datasets and may not perfectly reflect the scoring criteria of any particular test authority. Scoring accuracy varies by test type, question type, and user.
• Scores may differ from official test results. ScoreMentor makes no warranty that a particular AI score will correspond to an official test result.
• ScoreMentor is not affiliated with, endorsed by, or officially connected to Pearson (PTE), IDP Education, British Council (IELTS), NAATI, Cambridge Assessment, ETS (TOEFL), Paragon Testing (CELPIP), or any other test authority.
• No legal or immigration decision should be made solely on the basis of ScoreMentor AI scores.

Institute Partners and Student Users may request a review of an AI-generated score within 14 days by contacting support@scorementor.ai. ScoreMentor will review the request on a reasonable efforts basis and is not obligated to alter or overturn AI-generated scores.

8. Intellectual Property

ScoreMentor's Intellectual Property

The Platform — including all software, code, AI models, algorithms, data structures, user interface designs, practice question databases, and content created or owned by ScoreMentor — is the exclusive intellectual property of 90 Ninety 90 Ninety Pty Ltd and its licensors, protected by Australian and international copyright, trademark, and other intellectual property laws.

Except for the limited licence granted to Institute Partners under Section 5.1, no rights in ScoreMentor's intellectual property are transferred or licensed to any user.

Partner and User Content

Institute Partners retain ownership of branding assets and original teaching materials they upload to the Platform. By uploading content, Partners grant ScoreMentor a non-exclusive, royalty-free licence to host, display, and process that content solely for the purpose of providing the Platform services.

Student practice responses (including audio recordings and written answers) are used by ScoreMentor solely to provide AI Scoring and may be used on a fully anonymised and aggregated basis to improve the AI Scoring models.

Restrictions

All users must not:

• Copy, reproduce, distribute, or create derivative works from any Platform content.
• Reverse-engineer, decompile, or disassemble any part of the Platform software.
• Scrape, crawl, or extract data from the Platform using automated means.
• Remove or alter any copyright, trademark, or proprietary notices.

9. Prohibited Conduct

You must not use the Platform to:

• Violate any applicable law or regulation, including Australian Consumer Law, anti-spam laws, and privacy legislation.
• Transmit any content that is unlawful, defamatory, harassing, fraudulent, or infringes third-party rights.
• Impersonate any person or misrepresent your identity or affiliation.
• Distribute malware, viruses, or any code designed to harm the Platform or its users.
• Interfere with or disrupt the integrity or performance of the Platform.
• Gain or attempt to gain unauthorised access to any part of the Platform or its systems.
• Use the Platform to provide immigration advice, legal advice, or medical advice (for OET users) to students, unless the Institute Partner holds the appropriate professional licence.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• ScoreMentor does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
• ScoreMentor does not guarantee that use of the Platform will result in improved test scores, visa approvals, professional registrations, or any other particular outcome.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot be lawfully excluded. Where such guarantees apply, our liability is limited to the fullest extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOREMENTOR'S TOTAL LIABILITY TO ANY INSTITUTE PARTNER OR STUDENT USER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED:

• For Institute Partners: the total fees paid to ScoreMentor in the 12 months immediately preceding the event giving rise to the claim.
• For Student Users: USD $100 (one hundred US dollars).

IN NO EVENT SHALL SCOREMENTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILED VISA APPLICATIONS, MISSED TEST OPPORTUNITIES, OR ANY INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply to the fullest extent permitted by law and regardless of the theory of liability (contract, tort, negligence, or otherwise).

12. Indemnification

Institute Partners agree to indemnify, defend, and hold harmless ScoreMentor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• The Partner's use of the Platform or breach of these Terms.
• Any misrepresentation made by the Partner to their students regarding AI scores, official test equivalency, or visa outcomes.
• The Partner's failure to obtain required consents from students.
• Any claim brought by a Student User against ScoreMentor arising from the Partner's conduct.

13. Suspension and Termination

Termination by Institute Partners

Institute Partners may terminate their Agreement by providing 30 days' written notice to support@scorementor.ai. Termination does not entitle Partners to a refund of prepaid fees except as required by Australian Consumer Law.

Termination or Suspension by ScoreMentor

ScoreMentor may immediately suspend or terminate access to the Platform, without liability, where:

• An Institute Partner or Student User materially breaches these Terms and fails to remedy the breach within 7 days of notice.
• An Institute Partner fails to pay fees that are more than 30 days overdue.
• ScoreMentor reasonably suspects fraud, misuse, or illegal activity.
• Continued operation would expose ScoreMentor or its users to legal or regulatory risk.

Effect of Termination

Upon termination:

• All licences granted under these Terms immediately cease.
• The Partner's branded portal will be deactivated.
• Student data will be available for export for 30 days, then permanently deleted.
• Provisions of these Terms that by their nature should survive (including intellectual property, liability, indemnification, and governing law) will continue in force.

14. Third-Party Services and Links

The Platform may integrate with or link to third-party services including payment processors, cloud storage providers, and communication tools. ScoreMentor is not responsible for the practices or content of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

15. Mobile Application — App Store Terms

The ScoreMentor mobile applications are available on the Apple App Store and Google Play Store. By downloading the apps, you also agree to the applicable terms of Apple Inc. or Google LLC respectively. In the event of any conflict between these Terms and the App Store terms, these Terms govern your relationship with ScoreMentor.

Apple Inc. and Google LLC are not parties to these Terms and have no obligation to provide support, warranty, or liability for the ScoreMentor application.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and the laws of the Commonwealth of Australia, without regard to conflict of law principles.

Both parties submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any dispute arising under or in connection with these Terms, subject to Section 17 below.

17. Dispute Resolution

In the event of a dispute, the parties agree to:

• First attempt to resolve the dispute through good faith negotiation within 21 days of written notice of the dispute.
• If negotiation fails, refer the matter to mediation administered by the Resolution Institute (Australia) before commencing legal proceedings.
• If mediation fails, either party may commence proceedings in the courts of Victoria, Australia.

Nothing in this section prevents ScoreMentor from seeking urgent interlocutory or injunctive relief from a court.

18. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, any applicable Data Processing Agreement, and any subscription or partnership agreement, constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements and understandings.

Amendments

ScoreMentor may update these Terms at any time. We will notify Institute Partners of material changes by email at least 30 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance. Student Users will be notified via their Institute Partner.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

ScoreMentor's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

Institute Partners may not assign or transfer their rights or obligations under these Terms without ScoreMentor's prior written consent. ScoreMentor may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

ScoreMentor is not liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, or internet outages.

19. Contact Information

90 Ninety 90 Ninety Pty Ltd ABN: 52 625 708 821 Address: Blossom Drive, Melbourne VIC 3000, Australia Email: support@scorementor.ai Support: support@scorementor.ai Website: scorementor.com.au