Policies & Compliance
Published: August 2026
This Terms of Service ("Agreement") is entered into between the school registering to use SchoolTalk ("School") and Progressify Limited ("Progressify", "we", "us"). It governs the School's subscription to and use of the SchoolTalk platform. This Agreement should be read together with the SchoolTalk Terms of Use, Privacy Policy, and Code of Conduct.
By registering to use SchoolTalk, the School acknowledges that the person accepting this Agreement on the School's behalf has authority to do so.
1. Definitions
Administration Portal — the part of the Subscription Services that lets an Administrator manage Authorised Users, configuration, and account details.
Administrator — a person authorised by the School to manage the School's SchoolTalk account.
Authorised Users — the School, its Administrators, and users added under this Agreement, including teachers, students, and parents/caregivers.
AI Features — any feature of the Subscription Services that uses an artificial intelligence or machine learning service to process School Data, including the AI Progress Summary feature described in clause 6.
Fees — the Subscription Fee, Support Fee, and any Professional Services Fee, as set out on Progressify's pricing pages.
School Data — content and data provided or generated by Authorised Users through use of the Subscription Services, including learner progress records, learning plans, assessments, and comments.
Subscription Services — the SchoolTalk software-as-a-service platform made available to the School under this Agreement.
Subscription Term — the Initial Subscription Term together with any Renewal Periods, as described in clause 13.
Capitalised terms not defined here have the meaning given in the SchoolTalk Terms of Use or Privacy Policy.
2. Access and Grant of Rights
Progressify grants the School a non-exclusive, non-transferable right for Authorised Users to access and use the Subscription Services during the Subscription Term, solely to assist in providing education to the School's students, on the terms of this Agreement.
The School will appoint Administrators, ensure only Authorised Users access the Subscription Services, keep login credentials secure, and ensure all Authorised Users comply with the Terms of Use, Privacy Policy, and Code of Conduct.
3. Services
Progressify will provide the Subscription Services and, where agreed, Support Services and Professional Services, during the Subscription Term. Progressify may update or upgrade the Subscription Services from time to time and will give the School reasonable notice of material changes.
AI Services and Fair Usage
4.1 AI Progress Summary feature
SchoolTalk includes an AI-generated progress summary feature that produces short, plain-language descriptions of a learner's academic progress in English or Te Reo Māori. This feature is only enabled for a School after the School has been notified in writing and has provided consent, consistent with Progressify's obligations under the New Zealand Privacy Act 2020 and its ST4S certification.
4.2 Data used by AI Features
AI Features operate only on anonymised academic data (such as year level, subject-level progress, learning goals, and assessment bands). Learner names, student IDs, dates of birth, school identifiers, and any other information capable of identifying a learner are never sent to the AI service.
4.3 AI service provider
AI Features are currently powered by Microsoft Azure OpenAI Service. Microsoft contractually commits that customer data submitted to Azure OpenAI is not used to train or improve Microsoft's foundation models. Progressify will update the School if the AI service provider or model materially changes, consistent with its material change notification obligations.
4.4 Human oversight
AI-generated content is a tool to support teachers and school leaders and does not replace their professional judgement. AI Features do not evaluate or make judgements about individual learners and do not make predictions about future performance.
4.5 Fair usage
AI Features are provided for legitimate educational purposes connected with the School's use of SchoolTalk.
The School will not, and will ensure Authorised Users do not, attempt to reverse-engineer, extract training data from, or systematically probe the AI Features.
Progressify may apply reasonable rate limits to AI Features to ensure fair access across all subscribing schools.
4.6 Withdrawing consent
The School may withdraw consent to AI Features, or request they be disabled, at any time by contacting support@progressify.io. Where consent is withdrawn, Progressify will disable the relevant AI Features for the School and will not send further School Data to the AI service on the School's behalf.
5. School Data
The School and other Authorised Users own all rights, title, and interest in School Data. Progressify will take appropriate technical and organisational measures to protect School Data against unauthorised or unlawful processing, loss, or damage, and will back up School Data on a regular basis. Progressify may use School Data in accordance with the Terms of Use and Privacy Policy, including to provide AI Features where the School has consented.
School's Obligations
The School will comply with all applicable laws in its use of the Subscription Services, ensure Authorised Users comply with the Terms of Use, Privacy Policy, and Code of Conduct, and be responsible for the acts and omissions of its Authorised Users as if they were its own.
The School warrants that, before creating or authorising a SchoolTalk account for any student, it has obtained any parental or legal guardian consent or authorisation required under applicable law (including the New Zealand Privacy Act 2020 and, where applicable, the Australian Privacy Principles under the Privacy Act 1988 (Cth)) for that student's personal information to be collected and processed via the Subscription Services. Payment of the Fees does not itself constitute or substitute for such consent — it reflects the commercial relationship between the School and Progressify, separate from the School's own obligations to parents and guardians.
7. Fees and Payment
The School will pay the Fees in accordance with Progressify's then-current pricing pages and invoicing terms. Progressify may increase Fees on 60 days' prior written notice to the School.
Intellectual Property Rights
Progressify and/or its licensors own all Intellectual Property Rights in the Subscription Services, including the Software and any AI prompt engineering, configurations, or integrations built by Progressify. This Agreement does not grant the School any rights in that Intellectual Property beyond the right to use the Subscription Services as set out here.
Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of this Agreement, except where disclosure is required by law.
Warranties and Liability
Except for warranties that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), the Subscription Services are provided on an "as is" basis. Progressify's aggregate liability arising out of this Agreement will not exceed the Fees actually paid by the School in the first 12 months of the Subscription Term, except in relation to breaches of confidentiality or infringement of Progressify's Intellectual Property Rights.
Term and Termination
This Agreement commences on the Effective Date and continues for the Initial Subscription Term, renewing automatically for successive Renewal Periods unless either party gives written notice of termination at least 90 days before the end of the then-current term. Either party may terminate for material uncured breach or insolvency of the other party.
Compliance and Certifications
SchoolTalk is assessed under the ST4S (Safer Technologies for Schools) certification programme, covering privacy and security practices for schools. Progressify will notify Schools of material changes to certified features, including AI Features, and will seek consent before enabling new AI processing of School Data, consistent with ST4S and the New Zealand Privacy Act 2020.
[Note: once ISO 27001 certification is achieved, add a corresponding clause here — do not reference it as held until formally certified.]
Progressify maintains a Child Protection Policy addressing the identification and reporting of child abuse or neglect, and the safety checking of staff whose role involves relevant contact with children, consistent with the Children's Act 2014. This sits alongside, and does not substitute for, Progressify's platform security and data-safety commitments described elsewhere in this Agreement. A copy is available to Schools on request.
Disputes
If a dispute arises under this Agreement, the parties will first attempt to resolve it through good-faith discussion. If unresolved within 15 Business Days, either party may refer the dispute to arbitration under the Arbitration Act 1996.
Force Majeure
Neither party will be liable for delay or failure to perform its obligations due to events beyond its reasonable control, including natural disasters, government action, or failures of third-party infrastructure providers.
General
This Agreement constitutes the entire agreement between the parties regarding its subject matter. It is governed by the laws of New Zealand. Notices under this Agreement must be given in writing to the contact details each party has provided.
Grievances and Complaints
Any concerns about this Agreement or the Subscription Services, including AI Features, can be directed to support@progressify.io. Progressify will acknowledge complaints promptly and respond in accordance with its Privacy Policy complaints process.