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Terms and conditions

Effective Date: 21 June 2023. Last Updated: 14 December 2023

Alto,guru (Alto) website and its applications are a hosted service operated by Alto Guru Pty Ltd. (Service). Any use of the Service is subject to the following Terms and Conditions of Service (Terms of Service or Terms), as well as the Alto Privacy Policy of which are incorporated by reference into these Terms of Service. Your use of the Service will constitute your acceptance of these Terms of Service.

  1. Eligibility. Use of the Service is void where prohibited. The Service is intended for users over the age of 13, but is open to all ages. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
  2. Your Alto account and data. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual use, not organisational, by a single person only. You may not share your account with any other person. You must notify Alto immediately of any unauthorised uses of your data, your account or any other breaches of security. Alto will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Alto may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. Alto may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.
  3. Subscriptions. You have the option to purchase a subscription plan, which offers an upgraded experience with additional features or functionality for your Alto account (Subscription). Subscriptions may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period (Pre-Paid Period). The terms stated below will govern your participation in these programs.
    1. Pre-Paid Subscription Term: Subscriptions purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
    2. Group Orders: A Group Order provides discounted credits towards multiple, individual Pre-Paid Period Subscriptions via a unique upgrade link. You may select the number of subscription credits you would like to purchase. Purchasers of Group Orders are solely responsible for the distribution of subscription credits. All subscriptions are non-transferable and irrevocable once a credit has been redeemed by an individual user account. Individual accounts which use a Group Order subscription credit may not be associated with any school, business, entity, institution or any other centralised account and the purchaser of the Group Order has no right to or interest in any account to which a subscription credit has been applied, except where the purchaser of the Group Order and the holder of the account to which a subscription credit has been applied are the same individual.
    3. To Cancel Your Subscription: You may cancel your Subscription at any time. If your Subscription is set to renew automatically, you must cancel at least 1 day prior to the expiration of the Subscription term in order to avoid additional charges. You may continue to enjoy your Subscription benefits until that date, after which your Subscription will terminate and your account will automatically downgrade.
    4. Cancellation by Us: We may cancel your Upgraded Membership at any time for any reason, with or without prior notice.
    5. Refunds: Except where required by law, Subscriptions purchased directly through Alto are non-refundable. Subscriptions purchased through other platforms are subject to the refund policies of those platforms. Alto cannot be held responsible for these platforms' policies. We do not provide any refunds if the price for Subscription plans drops, or if we offer subsequent promotion pricing or change the content or features of the Service.
    6. Price changes: We may change the price for Subscriptions from time to time. We will communicate any price changes to you in advance. Price changes for Subscriptions will take effect on the next renewal date following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling from the Subscription prior to the price change going into effect. Please be sure to read any such notification of price changes carefully.
  4. Premium Content: Users may have the option to purchase or gain access to commercial content on Alto (Premium Content). Access to Premium Content may be granted either by purchasing access directly on the Service (Content Subscription). The terms stated below will govern your participation in these programs.
    1. Content Subscriptions: Access to Premium Content purchased as part of a Content Subscription is subject to the terms set forth during the purchase process and you are bound by the restrictions included.
    2. Licence: Once you have purchased a Content Subscription, you may access the included material for the designated period of time. You may access the Premium Content only for your own personal, educational use (Personal Use). Each account must purchase its own Content Subscription, and accounts may not be shared by multiple users.
    3. Restrictions: You may not use Premium Content for any commercial purpose. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. You may not post or otherwise make the Premium Content available on any website. You may not share, send, sell, sublicense or transfer the Premium Content to someone else.
    4. Refunds: Except where required by law, Premium Content Subscriptions purchased directly through Alto are non-refundable. Premium Content Subscriptions purchased through other platforms are subject to the refund policies of those platforms. Alto is not responsible for the policies of those platforms.
  5. Responsibility of contributors. If you create sets, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as Content) you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Alto stores data.
  6. Prohibited content. You may post only educational and study-related Content to the Service. Alto reserves the right to investigate and take appropriate legal action against anyone who, in Alto's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, limiting the use of any portion of the Service or terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Alto:
    1. is patently offensive
    2. harasses or advocates harassment of another person;
    3. publicly posts information that poses or creates a privacy or security risk to any person;
    4. includes information about another person that you have posted without that person's consent;
    5. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
    6. contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
    7. contains or promotes an illegal or unauthorised copy of another person's copyrighted work;
    8. involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
    9. violates any and all applicable laws or regulations.
  7. Prohibited activities. You may engage only in educational and study-related activities while using the Service. Alto reserves the right to investigate and take appropriate legal action against anyone who, in Alto's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activities includes, but are not limited to:
    • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
    • impersonating or attempting to impersonate another user, person or entity;
    • using the account, username or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
    • using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
    • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or otherwise permit the unauthorised use of, or access to, a computer or a computer network;
    • any automated use of the system, such as, but not limited to, using scripts to create or post Content;
    • interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
    • displaying an unauthorised commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorised or impermissible use of the Service on behalf of that party;
    • reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
    • using the Service in a manner inconsistent with any and all applicable laws or regulations.
  8. Content representations and warranties. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licences relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
    • the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
    • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Alto or otherwise.
  9. Licence. By submitting Content or any other material to Alto for inclusion on the Service or for any other purpose, for example posting a study set, answering a survey or sending Alto an email, you grant Alto a world-wide, perpetual, royalty-free licence (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). Additional uses by Alto, or other companies or individuals who partner with Alto, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available to Alto or through the Service.
  10. Responsibility of service users. Alto has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Alto does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain Content that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. Alto disclaims any responsibility for any harm resulting from your use of the Service, or from you downloading the Content posted thereon. If you who discover Content or other material in violation of these Terms, you are encouraged to report the Content to Alto using the reporting functions available on the Service.
  11. Content posted on other websites. We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which Alto links, and which link to Alto. Alto does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, Alto does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. Alto disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
  12. Copyright infringement and DMCA policy.  If you believe that material located on or linked to by Alto violates your copyright, you are encouraged to notify Alto in accordance with Alto's Digital Millennium Copyright Act (DMCA) Policy. Alto will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Alto or others, Alto may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Alto will be under no obligation to provide a refund of any amounts previously paid to Alto by that user.
  13. Trademarks. Alto, Alto.guru, the Alto mark and logo, and all other trademarks, service marks, graphics and logos used in connection with Alto, or the Service are trademarks or registered trademarks of Alto or Alto's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Alto or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
  14. Changes to the service and terms. The Service, including without limitation all content there available, product and Subscription features, any and all of Alto’s policies, and these Terms of Service, may be changed at the sole discretion of Alto without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
  15. LIMITATION OF WARRANTIES OF ALTO, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED “AS IS” AND ALTO, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT ALTO, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
  16. LIMITATION OF LIABILITY OF ALTO, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL ALTO, ITS SUBSIDIARIES, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF ALTO, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST ALTO, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ALTO DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.
  17. Disputes with Alto. In the case of any dispute between you and Alto arising out of or connected to these Terms of Service or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
    1. Binding Arbitration: Any dispute, controversy or claim arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by The Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the ACICA rules. To the extent permitted under ACICA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND ALTO KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
    2. Disputes will be settled on an individual basis: YOU AND ALTO KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Sydney, NSW, Australia to protect the party’s intellectual property rights pending completion of the arbitration.
  18. Governing law. Alto is located in Australia with our headquarters in Sydney. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, regardless of where you are located in the world.
  19. Venue. Any dispute subject to Binding Arbitration will take place in Sydney, Australia. For any other judicial action that may arise between you and Alto, or for which our Binding Arbitration clause is found not to apply, both you and Alto agree to submit to the venue and personal jurisdiction of the state and federal courts located in Sydney, NSW, Australia.
  20. General representation and warranty. You represent and warrant that your use of the Service will be in accordance with Alto's Privacy Policy, with these Terms of Service, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
  21. Indemnification. You agree to defend, indemnify and hold harmless Alto, its subsidiaries, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
  22. Miscellaneous. You agree to defend, indemnify and hold harmless Alto, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
  23. Severability. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
  24. Non-waiver of rights. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
  25. Assignment. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. Alto may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  26. Survival of terms. These Terms continue to apply, even after you close your account or cease using the Service.
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