Terms of Service

Last updated: August 25, 2026

1. Who We Are

Clarby (“we,” “us,” “our”) is an academic study platform operated by Ben Flakemore, a sole trader in Australia (ABN: 44 811 088 371). Clarby provides AI-powered study tools including flashcard generation, quiz generation, an AI study tutor, homework guidance, academic performance tracking, and related features (the “Service”).

2. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you confirm that a parent or guardian is aware of and consents to your use of the Service. Clarby is designed for secondary and tertiary students.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information when creating an account.

4. Subscription Plans and Billing

4.1 Clarby offers a Free plan and paid Pro/Family subscription plans.

4.2 Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) until cancelled.

4.3 You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — no partial refunds are provided for the remaining period, except as required by Australian Consumer Law (see Section 10).

4.4 Prices are listed in AUD and may change with 30 days’ notice to existing subscribers.

5. Acceptable Use

You agree not to:

  • Use the Service to cheat on assessments in a manner that breaches your school or institution’s academic integrity policies
  • Attempt to circumvent usage limits or security measures
  • Upload content that is unlawful, harmful, or infringes the rights of others
  • Use the AI features to generate content for any purpose other than your own personal study

You are solely responsible for ensuring your use of Clarby’s homework guidance features complies with your school or institution’s academic integrity policies. Clarby is designed to support understanding through guided questioning rather than providing direct answers, but you acknowledge that Clarby cannot verify or guarantee compliance with any specific institution’s rules, and you agree to use these features responsibly.

6. Your Content

You retain ownership of any notes, files, or content you upload to Clarby. By uploading content, you grant us a limited license to store, process, and use that content solely to provide the Service to you (e.g., generating flashcards from your notes, providing tutor context). We do not use your uploaded academic content to train AI models.

7. Third-Party Copyrighted Material

Some features of Clarby (such as photographing textbook pages or uploading class materials) involve processing content that may be copyrighted by a publisher, your school, or a teacher, rather than content you own yourself. You confirm that you have the right to use such material for your own personal study purposes — generally permitted under fair dealing provisions for research or study under the Copyright Act 1968 (Cth) — and that you will not use the Service to reproduce, distribute, or share copyrighted material beyond what is reasonably necessary for your own private study.

Any flashcards, notes, or other content generated by our AI from copyrighted source material remains subject to the original copyright owner’s rights. If you choose to make such content public via our sharing features, you are solely responsible for ensuring this does not infringe any third party’s copyright. We reserve the right to remove shared content that appears to infringe copyright, and to respond to legitimate takedown requests from copyright owners.

8. Intellectual Property

All content, features, and functionality of Clarby — including its software, design, text, graphics, and underlying technology — are owned by us and protected by copyright and other intellectual property laws. You agree not to copy, reverse-engineer, decompile, or use the Service (or any part of it) to develop a competing product.

9. AI-Generated Content

Clarby uses artificial intelligence (including Anthropic’s Claude API) to generate flashcards, quizzes, tutoring responses, homework guidance, and feedback. While we design our AI features to be accurate and helpful, AI-generated content — including tutor responses, flashcards, quiz questions, homework guidance, and exam predictions — may occasionally contain errors, oversimplifications, or content that does not perfectly align with your specific curriculum or exam board requirements. Clarby is a study aid intended to support your learning, not a substitute for your teachers, textbooks, or official curriculum materials. You are responsible for verifying important information against authoritative sources, particularly before relying on it for assessments, exams, or other academic decisions. We are not liable for academic outcomes resulting from reliance on AI-generated content.

10. Responsible Use of AI Features

Our AI Tutor and Homework Guidance features are designed to support genuine learning and understanding, not to complete assessments on your behalf. You agree to use these features responsibly, including:

  • Not using AI-generated responses as direct submissions for graded assessments in a way that breaches your school or institution’s academic integrity policies
  • Not attempting to bypass, manipulate, or circumvent the guided-learning design of our AI features to extract direct answers where the feature is designed to provide guidance instead
  • Understanding that genuine learning requires your own engagement, and that misuse of these features may result in academic outcomes we cannot be responsible for

We reserve the right to suspend or limit AI feature access for accounts that demonstrate a pattern of misuse.

11. AI Safety and Content Boundaries

Our AI features include safety measures designed to keep interactions appropriate and supportive, including content moderation and safeguards around sensitive topics. You agree not to attempt to circumvent, manipulate, or “jailbreak” these safety measures, or to use the Service to generate content that is unlawful, harmful, sexually explicit, violent, or otherwise inappropriate. Any attempt to misuse AI features in this way may result in immediate account suspension.

12. No Guarantee of Academic Outcomes

Clarby is a study support tool. We do not guarantee any particular academic result, grade, exam score, ATAR, or other outcome from using the Service. Your academic performance depends on many factors outside our control, including your own effort, your school’s teaching, and factors specific to your assessments. Clarby is not responsible for your academic performance, grades, or any decisions you make based on predictions, recommendations, or feedback generated within the Service. Any “exam readiness” predictions, capability scores, or similar features are estimates for motivational and planning purposes only and are not a guarantee or professional assessment of your actual exam result.

13. Third-Party Services

Clarby uses the following third-party services to operate: Supabase (database and authentication), Anthropic (AI processing), PostHog (analytics), Sentry (error monitoring), and Stripe (payment processing, once integrated). Each provider has its own terms and privacy practices.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other applicable law that cannot be excluded. If the Service fails to meet a consumer guarantee, you may be entitled to a repair, replacement, or refund.

15. Limitation of Liability

To the maximum extent permitted by law, Clarby is not liable for indirect, incidental, or consequential damages arising from your use of the Service, including but not limited to academic outcomes, exam results, grades, ATAR, or university admission decisions. Our total liability for any claim is limited to the amount you paid us in the 12 months preceding the claim.

16. Termination

We may suspend or terminate your account if you breach these Terms. You may delete your account at any time via Settings.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia.

19. Contact

Questions about these Terms: support@clarby.com.au