Nexties Classroom Terms of Use

1. Introduction and acceptance

Nexties Classroom is a personalised career and pathway discovery platform for secondary school students, provided by Liven Labs Limited (“Nexties”, “we”, “us”, “our”). Nexties Classroom helps students explore study and career pathways in a guided way, and gives schools visibility into their students’ insights, pathway exploration, and engagement to support their careers guidance work.

These Terms of Use (“Terms”) apply to:

• The school which uses Nexties Classroom (“School”, “you”, “your”)
• Any student, teacher, or other person who accesses Nexties Classroom under the School’s domain (“Authorised User”)

By accessing or using Nexties Classroom, the School and its Authorised Users agree to be bound by these Terms and our Privacy Policy and Student Data Privacy Notice.

These Terms are separate from the Nexties Platform Terms of Use that apply to individual users of nexties.com. Where a student’s account transfers to the general Nexties Platform (see clause 4(c)), that account is governed by the separate Nexties Platform Terms of Use from that point, not these Terms.

2. Privacy practices and what the School can see

We collect, hold, use, and disclose personal information in order to provide Nexties Classroom, as set out in our Student Data Privacy Notice, which forms part of these Terms.

The School’s staff, where granted permission for a given student, can see that student’s:

• Insights and observations generated to support their career or pathway exploration
• Future Selves (pathway explorations), including whether the student has accepted or rejected them
• Course recommendations, including which the student has saved
• Engagement information such as time spent, number of messages, current stage, and last active date
• A one-to-one preparation report, available to School administrators only, summarising the student’s interests and engagement metrics to support a careers conversation

The School cannot see a student’s raw conversation transcripts with Nexties Classroom. These remain private to the student at all times. Any AI-generated summary or insight feature, now or in future, will draw only on the same categories of information above and will never expose a student’s underlying conversation transcript.

3. Licence to use

We grant the School a limited, non-exclusive, revocable licence to use Nexties Classroom for the purpose of supporting its students’ career and pathway exploration. The School must not use Nexties Classroom for any other purpose, and must not distribute, sublicense, sell, or lease access to Nexties Classroom to another person or organisation.

Nexties owns the de-identified and aggregated insights it derives, or has a licence to use them. Nexties does not claim ownership of students’ personal information.

4. Authorised Users and onboarding

a) Nexties Classroom is set up per School using the School’s email domain. Any person with a valid email address on that domain can create a student account, authenticating via Microsoft or Google sign-in. Where the School chooses bulk enrolment, students receive an invitation email, but the underlying sign-up process is the same: a school-domain email and OAuth sign-in.

b) The School is responsible for the accuracy of its domain configuration and for managing which staff have visibility into student information under clause 2.

c) A student may, at any time, request to transfer the email address associated with their account to a personal (non-school) address, providing a reason such as finishing school or changing schools. Once actioned, this:

• Moves the student’s account and its ongoing use from these Terms to the general Nexties Platform Terms of Use and Privacy Policy, which may permit wider use of the student information.
• Allows the student to keep their existing account and data under the general Nexties Platform going forward
• Ends the School’s ongoing access to that student’s information from that point

5. Restrictions on use

Authorised Users and the School must not:

• Use Nexties Classroom for any purpose other than career and pathway exploration and related guidance activities
• Attempt to access, probe, or test the security of Nexties Classroom beyond what is intended for normal use
• Extract, scrape, or export data from Nexties Classroom other than through features we provide for that purpose
• Interfere with the normal operation of Nexties Classroom or attempt to circumvent its security features
• Use Nexties Classroom to build a competing product or service
• Upload or transmit unlawful, harmful, or offensive content
• Use Nexties Classroom in a way that could bring Nexties or the School into disrepute

The School is responsible for ensuring that Authorised Users comply with these Terms. Any breach of these Terms by an Authorised User is treated as a breach by the School.

6. Fees

Nexties Classroom’s Base Plan is provided to Schools at no cost, on an ongoing basis. Future features may be offered under paid plan options, but the Base Plan remains free.

7. Data handling on exit

We do not transfer or hand over raw student data to a School in a portable form, given the nature of the AI-derived insights involved. Instead:

• Students retain their rights under the Privacy Act 2020 (access, correction, deletion) regardless of the School’s involvement.
• Where a student leaves the School and does not transfer their account under clause 4(c), see the retention and deletion terms in clause 8 and in our Student Data Privacy Notice.
• We may retain anonymised, aggregated insights derived from student information indefinitely, including for sector-level or government reporting purposes (for example, to the Ministry of Education, the Tertiary Education Commission, or regional partners such as Auckland Council). Anonymised information that does not identify any individual is not personal information and is not subject to the retention limits in clause 8.

8. Data retention, deletion, and offboarding

We retain a student’s information for as long as their account remains active and linked to the School’s domain.

If a student leaves the School and does not transfer their account under clause 4(c), we retain their personal information for 12 months from the date their account becomes inactive, after which it is anonymised, unless the School or the student requests earlier deletion.

If the School’s agreement with us ends, the same retention and anonymisation approach applies to its students’ data, unless the School requests an alternative timeframe in writing.

We will act on any deletion request within 20 working days.

9. Security and breach notification

We take reasonable technical and organisational measures to protect student data, including encryption in transit and at rest, role-based access control, multi-factor authentication for privileged access, and logging and monitoring of access to production systems.

If a notifiable privacy breach occurs, we will notify the Office of the Privacy Commissioner and affected individuals in accordance with the Privacy Act 2020, and will notify the School as soon as reasonably practicable.

10. Artificial intelligence

Nexties Classroom uses artificial intelligence to power its interactive conversation features, helping students explore career and study pathways based on their interests and responses.

• Personal information provided by a student during a conversation with Nexties Classroom is not used to train any underlying AI model. The AI processes only what is needed to generate a response to that student in that session. It is used to generate responses and insights for that student, and for the purposes described in these Terms and our Student Data Privacy Notice
• Students can choose to speak rather than type. When they do, the recording is sent to OpenAI purely to convert it into text, and is not stored by Nexties or used for any other purpose. Typing is always available instead.
• Course and pathway recommendations are based on the student’s own profile and publicly available course and provider information.

11. Aggregate and cohort reporting

Nexties Classroom provides Schools with a dashboard summarising activity across their student cohort, including metrics such as average progress, engagement levels, and highlights of students who may benefit from a check-in (for example, where a student has not returned in several days). This dashboard is built from the same categories of individual student information described in clause 2, rolled up across the School’s students. It does not expose any category of student information beyond what is already covered in clause 2.

12. Service provision

We will endeavour to provide Nexties Classroom on a continuous basis, but cannot guarantee it will always be available, secure, or free of errors. Nexties Classroom is intended to support, not replace, the School’s own careers guidance work and is not a substitute for independent, qualified career advice.

13. Intellectual property

All intellectual property in Nexties Classroom, including its design, content, and underlying technology, is owned by or licensed to Liven Labs Limited. Nothing in these Terms transfers any such intellectual property to the School.

14. Liability

Nothing in these Terms excludes, restricts, or changes any right, guarantee, or remedy that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020. Students keep all their rights under the Privacy Act 2020, whatever these Terms say.

To the extent permitted by law, Nexties Classroom is provided “as is” and “as available”. We exclude all warranties, guarantees, representations, and conditions that are not expressly set out in these Terms. This includes any about the accuracy, completeness, or suitability of any insight, Future Self, course recommendation, or other output that Nexties Classroom generates.

Nexties Classroom’s outputs, including AI-generated insights and course and pathway recommendations, are for guidance only. Course and provider information comes from publicly available sources, and we don’t guarantee it is current or accurate. To the extent permitted by law, we are not liable for any decision a student, parent, or the School makes in reliance on those outputs, including decisions about subject choice, course enrolment, or career direction.

15. Termination

Either party may terminate this agreement by giving 30 days’ written notice. We may suspend or terminate a School’s access immediately if the School breaches these Terms. See clause 8 for what happens to student data on termination.

16. No variations

These Terms are our standard terms for Nexties Classroom. We do not enter into school-specific or negotiated variations of these Terms, except where expressly agreed in writing and signed by an authorised Nexties representative.

17. Governing law

These Terms are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the New Zealand courts.

18. Changes to these Terms

We may update these Terms from time to time. We will notify the School of any material changes with reasonable advance notice before they take effect.

19. Contact

Questions about these Terms can be sent to info@nexties.com. Our Privacy Officer, for privacy-specific queries, is Craig Boxall, contactable at privacy@nexties.com.