Terms of Use & End User License Agreement

YESI PTY LTD | ABN 57 637 465 626

Effective Date: January 01, 2026 | Governing Law: New South Wales, Australia | Applies to: All YESI Education Mobile Applications

IMPORTANT — AUTO-RENEWABLE SUBSCRIPTIONS & APPLE IN-APP PURCHASES

This application offers auto-renewable subscriptions purchased through Apple’s In-App Purchase system. Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You may manage or cancel your subscription at any time in your Apple ID Account Settings. Any unused portion of a free trial period will be forfeited upon purchasing a subscription.

Definitions
Acceptance of Terms
License Grant
Acceptable Use
User Accounts
Subscriptions & Apple In-App Purchases
Auto-Renewal Terms
Free Trials
Cancellation Policy
Refunds
Intellectual Property
User-Generated Content
Privacy & Data Protection
Third-Party Services
Disclaimer of Warranties
Limitation of Liability
Indemnification
Termination
Australian Consumer Law
Governing Law & Jurisdiction
Dispute Resolution
Changes to These Terms
Severability
Entire Agreement
Contact Information

1. Definitions

In these Terms, the following words have the meanings set out below:

“Agreement” means these Terms of Use and End User License Agreement, together with any documents incorporated by reference, including our Privacy Policy.
“App” or “Application” means any mobile application published on the Apple App Store by YESI PTY LTD (trading as YESI Education), including all updates, upgrades, features, and supplemental content made available through the App.
“Apple” means Apple Inc., the operator of the App Store through which the App is distributed.
“Apple ID” means the account used to access Apple’s services, including the App Store and In-App Purchase system.
“Content” means all text, images, audio, video, graphics, software, data, and other materials available through the App or YESI Education’s platforms, including but not limited to courses, ebooks, audiobooks, newsletters, podcasts, and educational resources.
“In-App Purchase” or “IAP” means any purchase made within the App using Apple’s In-App Purchase payment platform.
“Subscription” means an auto-renewable subscription purchased via Apple’s In-App Purchase system that grants access to Content or premium features of the App for a defined billing period.
“User,” “you,” or “your” means any individual who downloads, installs, accesses, or uses the App.
“YESI,” “we,” “our,” or “us” means YESI PTY LTD (ACN 637 465 626, ABN 57 637 465 626), trading as YESI Education, incorporated in New South Wales, Australia.

2. Acceptance of Terms

By downloading, installing, accessing, or using any App published by YESI Education on the Apple App Store, you agree to be bound by this Agreement. If you do not agree to all of the terms of this Agreement, do not download, install, or use the App.

This Agreement applies to all current and future mobile applications published on the Apple App Store by YESI PTY LTD. You acknowledge that this Agreement is between you and YESI PTY LTD only, and not with Apple. Apple is not a party to this Agreement and has no obligation to provide any maintenance or support services in respect of the App.

If you are using the App on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to this Agreement, and references to “you” shall mean both you personally and that organisation.

You must be at least 13 years of age to use the App. By using the App, you represent that you meet this age requirement. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.

Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

3. License Grant

3.1 Scope of License

Subject to your compliance with this Agreement, YESI PTY LTD grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, for your personal, non-commercial educational purposes, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

3.2 Restrictions

You must not:

Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or any part of its Content;
Sell, resell, rent, lease, loan, sublicense, distribute, publicly perform, or otherwise transfer the App, any license to the App, or any rights therein to any third party;
Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on or in the App;
Use the App in any way that violates applicable local, national, or international laws or regulations;
Use any automated tools, bots, scrapers, or similar data-gathering methods to extract Content from the App;
Circumvent or attempt to circumvent any technological protection measures incorporated in the App;
Use the App to develop a competing product or service.

3.3 Ownership

YESI PTY LTD retains all right, title, and interest in and to the App and all Content, including all intellectual property rights. This Agreement does not transfer to you any ownership or proprietary interest in the App or Content. Nothing in this Agreement shall be construed as a sale or assignment of intellectual property rights.

3.4 Updates

We may from time to time issue updated versions of the App. Depending on your device settings, the App may be automatically updated. By continuing to use the App following any such updates, you agree that this Agreement will apply to all updated versions.

4. Acceptable Use

4.1 Permitted Use

The App and its Content are provided solely for your personal, non-commercial educational use. You agree to use the App in accordance with this Agreement and all applicable laws and regulations in your jurisdiction.

4.2 Prohibited Conduct

You agree not to use the App to:

Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, harmful, threatening, abusive, harassing, or otherwise objectionable;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
Engage in any form of academic dishonesty, including cheating or plagiarism, using Content accessed through the App;
Harvest or collect personally identifiable information about other users;
Transmit any unsolicited commercial communications;
Interfere with or disrupt the integrity or performance of the App or the data contained therein;
Attempt to gain unauthorised access to the App, its related systems or networks, or accounts of other users;
Engage in any activity that could disable, overburden, damage, or impair the App;
Share your account credentials with others or allow multiple individuals to access a single-user subscription;
Record, screenshot, download, or otherwise reproduce Content beyond personal study notes, in violation of our intellectual property rights.

4.3 Enforcement

We reserve the right, but do not assume the obligation, to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including suspending or terminating your account, and reporting such activity to law enforcement authorities.

5. User Accounts

5.1 Account Registration

Certain features of the App may require you to create an account. When you register, you agree to provide accurate, current, and complete information and to update that information to maintain its accuracy. You are solely responsible for all activity that occurs under your account.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. You agree to notify us immediately at support@yesieducation.com if you suspect any unauthorised use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with this Section.

5.3 Account Sharing

Your account is personal to you. You must not share your login credentials or otherwise allow any other person to access the App using your account. If we reasonably suspect that your credentials are being used by multiple individuals, we may suspend or terminate your account without notice.

5.4 Account Termination

We reserve the right to terminate or suspend your account at any time, with or without notice, for conduct that we believe, in our sole discretion, violates this Agreement or is harmful to other users, YESI, third parties, or the business interests of YESI.

6. Subscriptions & Apple In-App Purchases

6.1 Subscription Offerings

The App may offer access to premium Content through auto-renewable Subscriptions purchased via Apple’s In-App Purchase system. Available Subscription tiers, billing periods, and pricing are displayed within the App and on the App’s App Store listing. Subscription options may include, without limitation, the following billing periods:

Subscription Type	Billing Period	Pricing	Renewal
Weekly	7 days	As displayed in the App at time of purchase	Auto-renews weekly unless cancelled
Monthly	30 days	As displayed in the App at time of purchase	Auto-renews monthly unless cancelled
Yearly	365 days	As displayed in the App at time of purchase	Auto-renews annually unless cancelled

Actual prices are confirmed at the time of purchase and may vary by country, currency, or local App Store pricing. All prices are inclusive of applicable taxes where required by law.

6.2 Payment Processing by Apple

All payments are processed exclusively by Apple through the Apple In-App Purchase system. YESI PTY LTD does not directly collect, store, or process any payment card information or financial data. By purchasing a Subscription, you agree to Apple’s terms and conditions for In-App Purchases, available at apple.com/legal/internet-services/itunes.

APPLE ID BILLING

Payment for your Subscription will be charged to your Apple ID account at confirmation of purchase. Apple acts as the merchant of record for all In-App Purchase transactions.

6.3 Subscription Access

Upon successful purchase of a Subscription, you will be granted access to the subscribed Content or premium features for the duration of the applicable billing period. Access is contingent upon your continued compliance with this Agreement and your Subscription remaining active.

6.4 Price Changes

We reserve the right to change Subscription prices at any time. Price changes will take effect at the start of the next Subscription period following the date of the price change. Apple will notify you of any price change in accordance with applicable laws. Your continued use of the App after a price change becomes effective constitutes your agreement to pay the updated price.

6.5 No Direct Billing by YESI

YESI PTY LTD does not charge your credit card, debit card, or bank account directly. Any billing enquiries or disputes regarding In-App Purchase charges must be directed to Apple. YESI has no access to your Apple payment information and cannot issue refunds outside of Apple’s refund processes.

7. Auto-Renewal Terms

AUTO-RENEWAL DISCLOSURE (REQUIRED BY APPLE)

Subscriptions automatically renew unless cancelled. Your account will be charged for renewal within 24 hours prior to the end of the current billing period. You can manage and cancel your subscription at any time in your Apple ID Account Settings.

7.1 Automatic Renewal

Unless you cancel your Subscription at least 24 hours before the end of the then-current billing period, your Subscription will automatically renew for a successive period of the same duration and at the same price (or updated price, if applicable). Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current billing period.

7.2 Renewal Notification

Apple may send a notification reminder before a Subscription renewal, where required by applicable law. You are responsible for monitoring your Subscription status and cancelling if you no longer wish to be charged.

7.3 No Proration

If you cancel your Subscription, your access to the subscribed Content will continue until the end of the then-current billing period. We do not provide credits, refunds, or proration for unused days within a billing period, except as required by Australian Consumer Law or as otherwise provided in Section 10 of this Agreement.

7.4 Managing Renewal Settings

You may turn off auto-renewal at any time by accessing your Apple ID Account Settings. Instructions for managing your Subscription are provided at Section 9 (Cancellation Policy) of this Agreement.

8. Free Trials

FREE TRIAL DISCLOSURE (REQUIRED BY APPLE)

Free trials automatically convert to paid subscriptions at the end of the trial period. Any unused portion of a free trial will be forfeited upon purchasing a subscription.

8.1 Availability of Free Trials

We may, at our sole discretion, offer free trial periods for certain Subscriptions. The duration and availability of free trials will be specified within the App and on the App Store listing at the time of the offer. Free trial availability may be limited to new subscribers who have not previously subscribed to the applicable Subscription tier.

8.2 Automatic Conversion to Paid Subscription

At the end of your free trial period, your Subscription will automatically convert to a paid Subscription, and your Apple ID account will be charged the applicable Subscription price, unless you cancel at least 24 hours before the end of the free trial period.

8.3 Forfeiture of Unused Trial Period

Any unused portion of a free trial period will be forfeited immediately upon your purchase of a paid Subscription during the free trial period. For example, if you are on a 7-day free trial and you purchase a monthly Subscription on day 3, the remaining 4 days of your free trial will be forfeited and your monthly billing period will commence immediately.

8.4 One Free Trial Per User

Free trials are intended for first-time subscribers only. We reserve the right to revoke a free trial or charge the standard Subscription price if we determine, in our reasonable judgment, that a user has previously participated in a free trial or is attempting to circumvent the one-trial-per-user limitation.

8.5 Cancellation During Free Trial

You may cancel your Subscription at any time during the free trial period without being charged. To avoid being charged, you must cancel at least 24 hours before the end of the free trial period through your Apple ID Account Settings.

9. Cancellation Policy

9.1 How to Cancel

Because all Subscriptions are processed through Apple’s In-App Purchase system, cancellations must be performed through Apple. YESI PTY LTD cannot cancel your Subscription on your behalf. To cancel your Subscription:

Open the Settings app on your Apple device;
Tap your name at the top of the screen to access your Apple ID settings;
Tap Subscriptions;
Find and tap the subscription for the relevant YESI Education app;
Tap Cancel Subscription and follow the on-screen prompts.

Alternatively, you may manage Subscriptions directly from the App Store on your device, or visit Apple Support for step-by-step guidance.

9.2 Timing of Cancellation

To avoid being charged for the next billing period, you must cancel your Subscription at least 24 hours before the end of the current billing period. Cancellations made within 24 hours of the end of the billing period will not prevent the renewal charge for the immediately following period.

9.3 Continued Access After Cancellation

Upon cancellation, your Subscription will remain active until the end of the then-current paid billing period. You will continue to have access to subscribed Content until the end of that period, after which your access to premium Content will be downgraded or terminated.

9.4 Deletion of App Does Not Cancel Subscription

Deleting the App from your device does not cancel your Subscription. You must cancel your Subscription through your Apple ID Account Settings as described in Section 9.1 above. Failing to do so will result in your continued billing at the applicable Subscription rate.

10. Refunds

10.1 Apple’s Refund Policy

All purchases made through Apple’s In-App Purchase system are subject to Apple’s refund policy. YESI PTY LTD does not have the ability to process refunds for In-App Purchases. To request a refund for an In-App Purchase, you must contact Apple directly:

Visit reportaproblem.apple.com;
Sign in with your Apple ID;
Select the relevant purchase and request a refund.

10.2 Australian Consumer Law Rights

Nothing in this Section limits any rights you may have under Australian Consumer Law or other applicable consumer protection legislation. To the extent permitted by law, our liability for any such rights is limited as described in Sections 15, 16, and 19 of this Agreement.

10.3 No Refunds for Unused Subscription Periods

Subject to Australian Consumer Law and Apple’s refund policy, Subscription fees are generally non-refundable, and we do not provide refunds or credits for any partially used Subscription periods, except where a refund is required by applicable law.

11. Intellectual Property

11.1 Ownership of Content

The App and all Content — including but not limited to online courses, ebooks, audiobooks, newsletters, podcasts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software — are the exclusive property of YESI PTY LTD or its content suppliers and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and applicable international treaties.

11.2 Trademarks

The trademarks, service marks, trade names, and logos of YESI PTY LTD (including “YESI Education”) appearing in or in connection with the App are proprietary to YESI PTY LTD. Nothing in this Agreement grants you a right to use any of YESI’s trademarks. All other trademarks appearing in the App are the property of their respective owners.

11.3 Copyright Notice

Copyright © 2026 YESI PTY LTD. All rights reserved. Unauthorised use, reproduction, distribution, transmission, broadcast, or public performance of any Content without prior written consent from YESI PTY LTD is strictly prohibited.

11.4 Copyright Infringement

If you believe that any Content in the App infringes your copyright, please send written notice to support@yesieducation.com, including: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorised by the copyright owner; and (e) a statement, under penalty of perjury, that the information in the notice is accurate.

11.5 Feedback

If you provide us with any suggestions, ideas, improvements, or other feedback regarding the App (“Feedback”), you grant YESI PTY LTD a worldwide, irrevocable, royalty-free, perpetual licence to use, modify, reproduce, disclose, and distribute that Feedback for any purpose without compensation to you.

12. User-Generated Content

12.1 Responsibility for Your Content

To the extent the App enables you to submit, post, or share content (such as reviews, comments, or forum posts), you are solely responsible for all content you submit. You represent and warrant that you own or have the necessary rights, licences, and permissions to submit such content, and that doing so does not violate any third-party rights or applicable laws.

12.2 Licence to YESI

By submitting content through the App, you grant YESI PTY LTD a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, and distribute that content in any medium, for the purpose of operating and improving the App and our services.

12.3 Content Standards

You must not submit content that: (a) is defamatory, obscene, offensive, or discriminatory; (b) promotes illegal activity or infringes third-party rights; (c) contains personally identifying information of third parties without their consent; or (d) constitutes spam, advertising, or solicitation.

12.4 Moderation Rights

We reserve the right, but do not assume any obligation, to review, edit, or remove any user-submitted content that, in our sole discretion, violates this Agreement or is otherwise objectionable.

13. Privacy & Data Protection

13.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, available at yesieducation.com, which is incorporated into this Agreement by reference. By using the App, you consent to the collection, use, storage, and disclosure of your personal information as described in the Privacy Policy.

13.2 Australian Privacy Principles

YESI PTY LTD handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where applicable to our operations, we also comply with the General Data Protection Regulation (GDPR) for users in the European Economic Area, the UK GDPR for users in the United Kingdom, and other applicable data protection laws.

13.3 Global Operations

Your personal information may be processed in countries other than your country of residence, including Australia, where data protection laws may differ from those in your jurisdiction. By using the App, you consent to such international transfers of your personal information, subject to appropriate safeguards as described in our Privacy Policy.

13.4 Children’s Privacy

The App is not directed to children under 13 years of age. We do not knowingly collect personal information from children under 13. If you become aware that a child under 13 has provided personal information through the App, please contact us at support@yesieducation.com so that we may take appropriate action.

14. Third-Party Services & Links

14.1 Third-Party Providers

The App may integrate with or contain links to third-party websites, services, or content that are not owned or controlled by YESI PTY LTD, including Apple’s In-App Purchase platform, analytics providers, and social media platforms. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services.

14.2 Apple’s Role

Apple is not a party to this Agreement and is not responsible for the App or its Content. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

14.3 Product Claims

YESI PTY LTD, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

14.4 No Endorsement

Reference to any third-party products, services, or websites does not constitute an endorsement or recommendation by YESI PTY LTD. You access third-party services at your own risk, and your use of those services is subject to the third party’s own terms and conditions.

15. Disclaimer of Warranties

15.1 “As Is” Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YESI PTY LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:

Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
Any warranty that the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components;
Any warranty regarding the accuracy, reliability, currency, completeness, or quality of any Content available through the App;
Any warranty that the App will meet your educational requirements or that use of the App will result in any particular learning outcomes.

15.2 Educational Content Disclaimer

Content provided through the App is for general educational and informational purposes only. Nothing in the App constitutes professional advice of any kind, including but not limited to legal, financial, medical, or psychological advice. You should always seek the advice of qualified professionals for specific guidance applicable to your situation.

15.3 No Guarantee of Results

YESI PTY LTD makes no representations or warranties regarding any specific educational, professional, or personal outcomes arising from your use of the App or completion of any course or program. Individual results may vary.

15.4 Third-Party Content

YESI PTY LTD does not warrant or represent that Content created or contributed by third parties (including guest instructors or contributors) is accurate, complete, or not infringing upon the rights of any third party.

15.5 Australian Consumer Law

Certain consumer guarantees and rights cannot be excluded under the Competition and Consumer Act 2010 (Cth) (Schedule 2 — Australian Consumer Law) and similar legislation. To the extent any such guarantees or rights apply, the exclusions and limitations in this Section operate only to the extent permitted by law. Please refer to Section 19 for further details.

16. Limitation of Liability

16.1 Exclusion of Consequential Loss

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YESI PTY LTD (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUCCESSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE APP OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, data, business, goodwill, or anticipated savings;
Damages resulting from inaccuracy or incompleteness of Content;
Damages resulting from delays or interruptions to the App;
Damages resulting from third-party conduct;
Damages resulting from reliance on any educational content provided through the App.

This limitation applies regardless of the legal theory (whether in contract, tort, negligence, strict liability, or otherwise) and even if YESI PTY LTD has been advised of the possibility of such damages.

16.2 Cap on Liability

To the maximum extent permitted by law, YESI PTY LTD’s total cumulative liability to you arising out of or relating to this Agreement or your use of the App shall not exceed the greater of: (a) the total amounts paid by you to Apple for Subscriptions to the applicable App during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) AUD $100.

16.3 Essential Basis of the Bargain

You acknowledge that the limitations of liability in this Section 16 reflect a reasonable allocation of risk and are an essential basis of the bargain between YESI PTY LTD and you. YESI PTY LTD would not be able to provide the App on the terms offered without these limitations.

16.4 Australian Consumer Law

Nothing in this Section 16 excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by statute (including the Australian Consumer Law) that cannot lawfully be excluded or limited.

16.5 Limitation Period

Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises, to the extent permitted by law.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless YESI PTY LTD and its directors, officers, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

Your use of or inability to use the App;
Your breach of any provision of this Agreement;
Your violation of any applicable law or regulation;
Your violation of any third-party rights, including intellectual property rights;
Any content you submit, post, or transmit through the App;
Any claim that your user-generated content caused damage to a third party.

YESI PTY LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with YESI PTY LTD’s defence of such claim. You must not settle any claim that imposes any obligation or liability on YESI PTY LTD without YESI PTY LTD’s prior written consent.

18. Termination

18.1 Termination by YESI

YESI PTY LTD may, in its sole discretion, suspend, restrict, or terminate your access to the App and your account at any time, with or without cause or notice, including for violation of this Agreement. We shall not be liable to you or any third party for any such suspension, restriction, or termination.

18.2 Termination by You

You may terminate this Agreement at any time by ceasing to use the App and deleting it from your device. Termination of this Agreement does not automatically cancel your Subscription; you must separately cancel your Subscription through Apple ID Account Settings as described in Section 9.

18.3 Effect of Termination

Upon termination of this Agreement for any reason:

Your licence to use the App shall immediately terminate;
You must cease all use of the App and destroy all copies in your possession;
All provisions of this Agreement that by their nature should survive termination shall survive, including Sections 1, 3.3, 10, 11, 15, 16, 17, 20, and 21.

18.4 Suspension for Non-Payment

If a Subscription payment is declined or reversed, we reserve the right to suspend or restrict your access to subscribed Content until the payment issue is resolved through Apple.

19. Australian Consumer Law

19.1 Statutory Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

19.2 Limitation of Remedy for Non-Major Failures

To the extent permitted by the Australian Consumer Law, where our goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, we limit our liability for failure to comply with a consumer guarantee to: (a) in the case of goods — any one of the following at our election: replacement, supply of equivalent goods, repair of the goods, payment of the cost of replacing or repairing; and (b) in the case of services — any one of the following at our election: resupply of the services, or payment of the cost of having the services supplied again.

19.3 Interaction with Other Provisions

Nothing in this Agreement is intended to exclude, restrict, or modify any right that you may have under the Australian Consumer Law that cannot legally be excluded, restricted, or modified. To the extent that any provision of this Agreement is inconsistent with the Australian Consumer Law, that provision is unenforceable to the extent of the inconsistency.

20. Governing Law & Jurisdiction

20.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

20.2 Submission to Jurisdiction

Subject to Section 21 (Dispute Resolution), you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts, in respect of any dispute arising out of or in connection with this Agreement.

20.3 International Users

The App is provided from Australia and is intended for users worldwide. You are responsible for compliance with all local laws applicable to your use of the App in your jurisdiction. YESI PTY LTD makes no representation that the App is appropriate or available for use outside Australia, and access from territories where the Content is illegal is prohibited.

20.4 United Nations Convention

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

21. Dispute Resolution

21.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first attempt to resolve the dispute informally by contacting YESI PTY LTD at support@yesieducation.com. We will attempt in good faith to resolve the dispute within 30 days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution.

21.2 Mediation

If informal negotiation fails, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC mediation guidelines current at the time of the dispute. The parties will equally share the costs of mediation unless otherwise agreed.

21.3 Litigation

If mediation does not resolve the dispute within 60 days of the appointment of a mediator (or such longer period as the parties may agree), either party may commence proceedings in the courts of New South Wales, Australia.

21.4 Apple Third-Party Beneficiary

Notwithstanding any dispute between you and YESI PTY LTD, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

21.5 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in mediation, you and YESI PTY LTD each waive any right to a jury trial.

22. Changes to These Terms

YESI PTY LTD reserves the right to modify this Agreement at any time. When we make material changes, we will notify you by updating the “Effective Date” at the top of this Agreement and, where practicable, by posting a notice within the App or sending an email to the address associated with your account.

Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must discontinue your use of the App. We encourage you to review this Agreement periodically to stay informed of our current terms.

Changes to pricing or Subscription terms will be communicated in accordance with applicable law and Apple’s requirements for In-App Purchases.

23. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from this Agreement without affecting the validity and enforceability of the remaining provisions, which shall continue in full force and effect. Where possible, the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.

24. Entire Agreement

This Agreement, together with YESI Education’s Privacy Policy and any other documents incorporated herein by reference, constitutes the entire agreement between you and YESI PTY LTD with respect to the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written, relating to the subject matter hereof.

No waiver by YESI PTY LTD of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of YESI PTY LTD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement may not be modified by any course of dealing, course of performance, usage of trade, or other practices between the parties, except by a written document signed by an authorised representative of YESI PTY LTD.

You may not assign or transfer your rights under this Agreement (by operation of law or otherwise) without YESI PTY LTD’s prior written consent. YESI PTY LTD may freely assign this Agreement without your consent.

25. Contact Information

If you have any questions, complaints, or concerns about these Terms or the App, please contact us:

YESI PTY LTD — LEGAL & SUPPORT

Trading As: YESI Education

ABN: 57 637 465 626

State of Incorporation: New South Wales, Australia

Email: support@yesieducation.com

Website: yesieducation.com

We aim to respond to all enquiries within 5 business days (AEST). For urgent subscription or billing issues, please contact Apple directly via reportaproblem.apple.com, as YESI PTY LTD is unable to process refunds or cancellations on your behalf.

YESI PTY LTD (trading as YESI Education) • ABN 57 637 465 626

Sydney, New South Wales, Australia

support@yesieducation.com • yesieducation.com

This document governs the use of all mobile applications published on the Apple App Store by YESI PTY LTD (trading as YESI Education).