1. Agreement
These Terms of Service ("Terms") govern your access to and use of the Kelsy platform provided by Kelsy Pty Ltd ("Kelsy", "we", "us"). By creating an account or using the platform, you agree to be bound by these Terms.
2. Eligibility
The Kelsy platform is designed for Australian Registered Training Organisations (RTOs), training professionals, and associated industry practitioners. You must be at least 18 years of age and have the authority to bind your organisation to these Terms.
3. Account and Workspace
- You are responsible for maintaining the security of your account credentials
- Each workspace represents a single RTO or organisational unit
- Workspace administrators are responsible for managing user access and permissions
- You must not share accounts or allow unauthorised access to your workspace
4. Subscription and Payment
- Free trials are available for 7 days with full feature access
- Paid subscriptions are billed monthly or annually as selected
- Prices are in Australian Dollars (AUD) and include GST where applicable
- You may cancel your subscription at any time; access continues until the end of the current billing period
- We reserve the right to change pricing with 30 days notice to existing subscribers
5. Acceptable Use
You agree not to:
- Use the platform for any unlawful purpose or to violate any laws
- Attempt to gain unauthorised access to other accounts or systems
- Interfere with or disrupt the platform or its infrastructure
- Use automated tools to scrape, crawl, or extract data from the platform
- Upload malicious content, viruses, or harmful code
- Misrepresent your identity or authority to act on behalf of an organisation
6. Your Content
You retain ownership of all content you create or upload to the platform. By using Kelsy, you grant us a limited licence to store, process, and display your content solely for the purpose of providing the service. We do not claim any intellectual property rights over your assessments, resources, or documents.
7. AI-Generated Content
Kelsy uses artificial intelligence to assist in generating assessment tools, learner resources, and compliance documents. You acknowledge that:
- AI-generated content requires human review before use
- You are responsible for reviewing and approving all generated outputs
- Kelsy does not guarantee that AI outputs will be compliant with specific regulatory requirements without human verification
- Generated content should be treated as a professional starting point, not a final product
8. Validator Network
If you use the Validator Network marketplace:
- Engagements are subject to the escrow payment model with a 20% platform fee
- All communication must occur through the platform; sharing personal contact details is prohibited
- Disputes are resolved by platform administrators according to the dispute resolution process
- Validators operate as independent contractors, not employees of Kelsy
9. Limitation of Liability
To the maximum extent permitted by Australian law, Kelsy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.
10. Termination
We may suspend or terminate your access if you violate these Terms or engage in conduct that we reasonably believe is harmful to other users or the platform. Upon termination, your data will be retained for the legally required period and then deleted.
11. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.