These Terms of Use ("Terms") govern your access to and use of the Ludolio platform, including the Ludolio client application, website, and all associated services operated by Ludolio Pty Ltd ("Ludolio," "we," "our") (the "Platform").
By creating a Ludolio account or accessing the Platform, you agree to be bound by these Terms, our Privacy Policy (www.ludolio.com/privacy-policy).
If you do not agree, you must not use the Platform.
Access to the Platform is provided exclusively through educational institutions ("Institutions") that have entered into an Institutional Agreement with Ludolio. Ludolio does not provide services directly to members of the public.
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2. Who Can Use Ludolio
You may use the Platform if you are a student, educator, or administrator currently enrolled at or employed by an Institution with a current Institutional Agreement with Ludolio; a library visitor accessing the Platform under the supervision of an authorised institutional librarian in a manner expressly permitted by your Institution's Institutional Agreement; or a trial user who has been granted temporary access by Ludolio for evaluation purposes.
You must use your Institution-issued email address, or instiutional affiliation via Single Sign On (e.g. Shibboleth or Open Athens) to create and maintain your account.
2.1 University-Context Users
If you are a student at a university or other higher education institution, you are an adult and you provide your own consent for Ludolio to collect and process your personal information as described in the Privacy Policy.
By creating an account, you consent to that collection and processing.
You may withdraw your consent at any time by contacting privacy@ludolio.com.
Withdrawal of consent means Ludolio can no longer provide you with access to the Platform, and your account will be closed. Withdrawal does not affect the lawfulness of processing that occurred before withdrawal.
2.1 School-Context Users (Under 18)
If you are a student under 18 accessing the Platform through a school, your school has accepted responsibility for your access in accordance with its Institutional Agreement with Ludolio. By using the Platform, you acknowledge that your school acts as the responsible party for your personal information and has authorised your access on your behalf.
If you have any questions about how your personal information is handled, contact your school. Your school can also restrict your access to the Platform at any time.
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3. Your Account
You are responsible for maintaining the confidentiality of your account credentials. You must not share your login details with any other person.
You must notify your Institution immediately if you become aware of any unauthorised use of your account. Ludolio is not liable for any loss resulting from unauthorised use of your account where you have not taken reasonable steps to protect your credentials.
Ludolio reserves the right to block or terminate accounts we suspect to be used in violation of the terms of use.
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4. Licence to Use the Platform
Subject to these Terms, Ludolio grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for legitimate educational purposes within the scope of your Institution's Institutional Agreement.
4.1 This Licence Permits You To
Install and use the Ludolio client application on your personal device. Access and play games licensed to your Institution through the Platform. Use the Platform's features (including educator dashboards, where applicable) for educational purposes. Create and use gameplay captures (screenshots and video clips) for non-commercial purposes connected to educational use.
4.2 This Licence Does Not Permit You To
Use the Platform or any game accessed through it for any commercial purpose. Distribute, sublicence, sell, or transfer your access or account to any other person. Use the Platform in connection with any institution other than your own. Access or attempt to access any games or features not licensed to your Institution. Use the Platform in any way that violates these Terms, our Privacy Policy, or applicable law.
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5. Intellectual Property
The Platform, including its software, design, and content, is owned by or licenced to Ludolio. Nothing in these Terms transfers any intellectual property right in the Platform to you.
Games available through the Platform are owned by their respective developers and publishers. Your access to a game through the Platform does not give you any right, title, or interest in the game or its underlying intellectual property beyond the right to play it as permitted by these Terms.
Your right to create and use gameplay captures for non-commercial educational portfolio purposes is governed by the Student Portfolio Policy, which is incorporated into these Terms by reference. Portfolio rights survive termination of your account and the end of your Institution's Institutional Agreement.
You retain ownership of any original content you create independently. Where your original content incorporates game assets (such as screenshots), your use of those assets is subject to the Student Portfolio Policy and the applicable game developer's terms.
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6. Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
You must not use the Platform to harass, threaten, or harm any other person. You must not upload or transmit any content that is unlawful, defamatory, obscene, or infringes the rights of any third party. You must not attempt to gain unauthorised access to any part of the Platform, any other user's account, or any connected system. You must not use any automated tool, script, or bot to interact with the Platform without Ludolio's prior written consent. You must not interfere with or disrupt the integrity or performance of the Platform or its infrastructure. You must not circumvent, disable, or tamper with any security or access control feature of the Platform or any game. You must not reverse engineer, decompile, or attempt to extract the source code of the Platform or any game. You must not use the Platform in any way that would breach your Institution's own policies or codes of conduct.
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7. Games and Data Collection
Ludolio's catalogue contains two categories of game. Understanding the difference is important for your privacy.
7.1 Standard Games
For standard games, game developers have warranted to Ludolio as a condition of listing that their game contains no independent data collection mechanisms - no feature that transmits, collects, or stores personally identifiable information about you to the developer's own servers or any third party. For standard games, Ludolio is the sole data collector on the Platform.
Standard games are the default. Unless a game is explicitly identified at the point of access as an approved data-collecting game, it is a standard game and this protection applies.
7.2 Approved Data-Collecting Games
Some games - typically multiplayer titles or games where telemetry is structurally necessary to function - require some data collection by the developer. These games are listed on the Platform only where the developer has fully disclosed their data practices to Ludolio and received Ludolio's written approval.
When you access an approved data-collecting game for the first time, you will be shown that developer's terms of service and privacy policy and asked to give your active consent before the game launches. Your use of that game is also governed by the developer's terms. If the developer updates their data practices, you will be asked to re-consent before continuing to play.
Ludolio is not responsible for a game developer's independent data collection practices in respect of approved data-collecting games once you have been presented with the developer's terms and have consented to them. Disputes about a developer's data handling after that point are between you and the developer.
7.3 School-Context Users and Approved Data-Collecting Games
Approved data-collecting games are not available in the school catalogue by default. If a school has approved a data-collecting game for its students, the school has reviewed and accepted the developer's data practices on your behalf. You will not be shown a third-party consent screen in the school context.
7.4 Game Availability
The games available through the Platform are determined by your Institution's Institutional Agreement. Ludolio does not guarantee that any particular game will remain available for the duration of your enrolment. Where a game is removed, Ludolio will use reasonable efforts to provide notice to your Institution.
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8. Educator Features
Where your Institution has enabled educator features, authorised educators may access in-game data (including game installs, play time, and achievements) for students enrolled in their courses via the educator dashboard. This data is used to support teaching, assessment, and student engagement within the educational relationship.
Educators must use this data only for legitimate educational purposes within the scope of their role at the Institution. Educators must not share this data with third parties or use it for any purpose unrelated to their educational responsibilities.
If you are a student and you have questions about how your educator is using your in-game data, contact your Institution's privacy officer.
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9. Student Portfolio Rights
Students may use screenshots, video clips, and other captures of their own gameplay for non-commercial educational portfolio purposes - including ePortfolio platforms, personal websites, and graduate portfolios. These rights survive the end of your institutional access: you retain them after graduation.
The Student Portfolio Policy is incorporated into these Terms by reference. Your portfolio rights are not affected by the suspension or termination of your account, the closure of your institution's agreement with Ludolio, or your graduation or departure from your institution.
Ludolio retains the right to rescind these portfolio rights in individual cases.
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10. Privacy and Cookies
Ludolio collects and processes your personal information in accordance with our Privacy Policy (www.ludolio.com/privacy-policy). By using the Platform, you acknowledge that you have read and understood the Privacy Policy. University-context users (18 and over) provide active consent to that processing at account creation. School-context users (under 18) are covered by their Institution's consent.
Ludolio uses cookies on its website and client application for authentication, session management, and anonymised service analytics. Ludolio does not use cookies for advertising or cross-site tracking. You can manage cookies through your browser settings; disabling authentication cookies will prevent you from logging in.
Ludolio does not use automated decision-making or profiling to make decisions about you. Your personal information is not used for advertising, marketing profiling, or any non-educational commercial purpose.
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11. Suspension and Termination
11.1 Termination by Ludolio
Ludolio may suspend or terminate your access to the Platform immediately and without notice if you breach these Terms; your Institution's Institutional Agreement ends or is terminated; you are no longer enrolled at or employed by your Institution; or Ludolio reasonably believes your continued access poses a risk to other users, the Platform, or third parties.
Your Institution may also request that Ludolio suspend or terminate your access, and Ludolio will act on such requests without requiring your individual consent.
11.2 Termination by You — University Users
University-context users (18 and over) may close their account at any time by contacting privacy@ludolio.com. Closing your account constitutes withdrawal of consent to the processing of your personal information and will result in immediate loss of access to the Platform.
11.3 Effect of Termination
On termination of your access for any reason, your right to use the Platform ceases immediately.
Personally identifiable data held by Ludolio in connection with your account will be deleted or irreversibly anonymised within 90 days of termination, except where retention is required by law.
For approved data-collecting games, data held independently by a developer is governed by that developer's privacy policy.
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12. Disclaimers and Limitation of Liability
The Platform is provided "as is." To the maximum extent permitted by law, Ludolio makes no warranties to individual users, express or implied, regarding the Platform, including as to availability, fitness for a particular purpose, or freedom from error.
To the maximum extent permitted by law, Ludolio's liability to you for any loss or damage arising out of or in connection with your use of the Platform is limited to the amount paid by your Institution to Ludolio in the three months preceding the event giving rise to the claim, or AUD $100, whichever is greater.
Nothing in these Terms limits Ludolio's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.
Ludolio is not liable for any loss or damage arising from the content of third-party games, the unavailability of any game, or the data handling practices of a game developer in respect of an approved data-collecting game after you have been presented with and consented to that developer's terms.
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13. Changes to These Terms
Ludolio may update these Terms from time to time. Where changes are material, we will notify you via email and/or an in-application notice. You will be asked to accept the updated Terms at next login. If you do not accept, your access to the Platform will cease.
The current version of these Terms is always available at www.ludolio.com/terms-of-use.
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14. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You and Ludolio submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia for any dispute arising out of or in connection with these Terms.
For users at non Australian institutions, nothing in this clause limits any rights you may have under applicable local law, and any provisions of these Terms that conflict with mandatory local law are read down to the extent of that conflict.
