Terms and Conditions for Kidix AU Services
This User Agreement ("Agreement") constitutes a binding legal contract between Kidix AU ("Kidix," "we," "us," or "our") and the individual or legal entity accessing the Service ("User," "you," or "your"). This Agreement governs your use of the Kidix web application, including the DeepSight AI Engine, documentation suites, compliance modules, and communication portals (collectively, the "Service").
1.1 Purpose: Kidix is a pedagogical documentation and compliance management tool designed to assist Australian ECEC providers in meeting requirements under the National Quality Framework (NQF), including the National Quality Standard (NQS) and the Early Years Learning Framework (EYLF) V2.0.
1.2 Statutory Compliance Support: The Service provides templates and AI assistance for records required by the Education and Care Services National Regulations, specifically:
1.3 Professional Judgment: While Kidix provides technical infrastructure, the Approved Provider and Nominated Supervisor remain solely responsible for the legal validity, accuracy, and regulatory compliance of all records maintained via the Service.
2.1 Educator Users: Professional educators, teachers, or administrators. By registering as an Educator, you represent that you hold valid qualifications or are employed by a service regulated by ACECQA.
2.2 Parent Users: Families or legal guardians. Parent Users access the "Parent Portal" to view their child's progress and communicate with Educators.
2.3 Dual Identity: The Service allows a single account to hold both Educator and Parent permissions. You agree to maintain strict professional boundaries and ensure that "Educator" mode is used only for professional duties.
2.4 Security Duties: You are responsible for maintaining the confidentiality of your credentials. Sharing of accounts is strictly prohibited to ensure the integrity of audit logs for compliance documents.
3.1 Assistant Status: The DeepSight AI Engine acts as a co-pilot/assistant. It generates drafts based on your input. It does not replace the professional observations of a qualified educator.
3.2 Verification Mandate: AI-generated content may contain inaccuracies, pedagogical "hallucinations," or biases. You must review, edit, and verify every AI-generated output before finalizing it as an official record or sharing it with families.
3.3 No Clinical Diagnosis: AI-generated developmental insights (e.g., Growth Insight Matrix) are for educational guidance only. They do not constitute medical, psychological, or diagnostic advice and must not be used to replace professional developmental screenings.
3.4 AI Credits: Use of AI functions consumes "Credits." The deduction logic is based on the complexity of the task (e.g., Matrix Analysis costs 10 credits; Standard Observation costs 1 credit).
4.1 Data Storage Affirmation: You acknowledge that Kidix stores Personally Identifiable Information (PII), including child names, dates of birth, medical histories, and media (photos/videos) in encrypted cloud environments (Google Cloud/Firebase, Australia Region).
4.2 Media Consent Responsibility:
4.3 Data Sovereignty: Parent Users retain sovereignty over "Growth Lens" moments captured at home. These remain private unless the Parent explicitly toggles the "Share with Educator" function, at which point the data enters the student's pedagogical archive.
4.4 Supplemental Nature of Interactive Communication
4.5.1 Non-Emergency Purpose: The Service includes interactive features, such as the "Message Board," designed to facilitate pedagogical exchange, general updates, and non-urgent communication between Educators and Parent Users.
4.5.2 Prohibited Use for Urgent Matters: Users must NOT rely on the Service as the primary or sole method for communicating time-sensitive or urgent information. This includes, but is not limited to:
4.5.3 Direct Communication Mandate: For all urgent matters, Users are required to use direct, real-time communication methods such as telephone calls or in-person notification in accordance with the Centre's internal policies and Australian ECEC safety protocols.
4.5.4 Limitation of Liability: Kidix AU does not guarantee real-time monitoring of interactive features and shall not be held liable for any injury, loss, or consequence resulting from a delay in reading or responding to messages sent via the Service.
5.1 Legal Signature Requirements: Digital templates provided for Incident Reports (Reg 87) and Medication Records (Reg 92) require manual electronic signatures from both the Nominated Supervisor and the Parent to be legally binding.
5.2 Mandatory Reporting: Kidix is not a substitute for your legal obligations regarding Mandatory Reporting or notifications to the Regulatory Authority (e.g., reporting a serious incident within 24 hours under Regulation 174).
5.3 Risk Assessments (RAMS): AI-generated risk assessments are starting points only. Educators must physically inspect venues and transport routes to identify site-specific hazards not captured by AI.
6.1 Subscription Tiers: Features and limits (Student capacity, History depth) are governed by your selected plan (Starter, Pro, or Max).
6.2 Monthly Credit Reset: Monthly credit quotas reset on the 1st of each calendar month. Unused monthly credits do not roll over to the next month.
6.3 Booster Packs:
6.4 Australian Consumer Law: All purchases are subject to the Australian Consumer Law (ACL). We do not offer refunds for "change of mind" or for unused credits.
7.1 Statutory Retention: Australian law (Regulation 183) requires certain ECEC records to be kept for up to 25 years (for incidents) or 3 years (for general records).
7.2 User Export Duty: Kidix is a convenience platform, not a long-term statutory archive. It is your responsibility to export and download (PDF) all necessary records to your own secure storage to meet your retention obligations under the National Regulations.
7.3 Termination Deletion: Upon account closure, all data will be scheduled for permanent deletion from our servers within 60 days, after which it cannot be recovered.
8.1 Professional Ethics: You agree not to use the Service to generate or store content that is:
8.2 Automated Scraping: You must not use automated scripts to scrape data or overwhelm the AI infrastructure.
9.1 Assessment & Rating (A&R): Kidix makes no guarantee that use of our templates will result in a specific rating (e.g., "Exceeding") during a regulatory assessment.
9.2 AI Hallucination & Medical Risk: Kidix shall not be liable for any injury, loss, or legal consequence resulting from reliance on an unverified AI-generated report, particularly regarding first aid advice or risk mitigation strategies.
9.3 System Availability: While we strive for 99.9% uptime, we are not liable for any service interruptions that prevent you from completing documentation in a timely manner.
This Agreement is governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with this Agreement shall be subject to the jurisdiction of the courts of Australia.
BY CREATING AN ACCOUNT OR UTILISING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
If you have any questions or suggestions regarding this Agreement, please contact us at: