Toi Whakaaro

4.2.1 Educational Purpose Only

All guided drawing lessons, step-by-step frameworks, master tracing paths, and interactive exercises provided within the Toi Whakaaro Artist Hub (the "Educational Content") are proprietary intellectual property. They are licensed to the user strictly for personal educational development, skill acquisition, and cultural learning. Learning and practice modes are governed by real-time tracking algorithms with strict completion gates set at Arena (80%), Pro (95%), and Mastery (99%) precision scores.

4.2.2 Technical Restrictions & System Gating

All lesson assets and wireframe structures (including but not limited to the Pūngāwerewere 43-Steps lesson) are delivered via a secure, JSON-based tracing engine protected by database-level Row-Level Security (RLS) policies. The extraction, scraping, reverse-engineering, or programmatic interception of the underlying structural path data remains strictly prohibited. Any attempt to record, trace via external automated software, or manually exploit these educational guides for commercial reproduction constitutes a material breach of contract and an intentional violation of the New Zealand Copyright Act 1994.

4.2.3 Restriction on Commercial Replication

While users are encouraged to develop their own unique artistic style, any artwork produced by a user that directly traces, replicates, or copies the structural vector steps, proprietary lesson paths, or exact sequence of anchor points taught within this app (including but not limited to the Pūngāwerewere 43-Steps or Double Spiral lesson pathways) shall be considered a derivative work of the Toi Whakaaro Educational Content.

4.2.4 Commercial Utilization Rights

Users are strictly prohibited from using, marketing, or selling any digital or physical artwork derived from the specific lesson frameworks mentioned in Section 4.2.3 for commercial branding, corporate marketing, or product sales. To utilize artwork derived from these instructional paths for commercial purposes, the user must first purchase the corresponding Commercial Tier License for the specific design motif or template associated with the lesson, ensuring that the source material's intellectual property and cultural provenance remain protected.

4.2.5 Enforcement of Cultural Integrity

Toi Whakaaro reserves the right to review works produced within the Artist Hub. Any unauthorised commercial exploitation of the underlying structural frameworks of our lessons constitutes a violation of these terms and may result in the revocation of access to the Artist Hub or legal action under the New Zealand Copyright Act 1994.

4.7.1 Educator Content Ownership

• Creator Ownership: Educators retain full intellectual property ownership of the lessons, pūrākau stories, and quiz questions they create within the Content Studio. Content is attributed to the educator via the platform's created_by_id record.
• Private Sandbox: Educator-created content is private by default. Other educators, independent creators, and platform users cannot see, access, or edit an educator's private lessons, stories, or quizzes. Only the creating educator and platform administrators have access.
• System Content Separation: The founder's master library of lessons, pūrākau, and quizzes ("System Content") remains exclusively managed by Eria Gray – Toi Whakaaro. Educator-created content is stored separately and does not modify or appear within the founder's master library unless explicitly submitted for marketplace publication under Section 4.3.
• Cultural Acknowledgment Required: All educator-created lessons and pūrākau stories must include a cultural acknowledgment (mihi) attributing the designs and narratives to the Iwi and ancestors they originate from, consistent with the platform's cultural integrity standards.

4.7.2 Classroom Use & Student Access

• Classroom Key Distribution: Educators may make their private lessons, pūrākau, and quizzes available to their own students by assigning them to Classroom Keys via the Classroom Key Manager. Students using a valid key can access the educator's selected content within He Wāhi Ako (Kids Corner), Kete Ako, or the Quiz Hub.
• No Public Visibility: Unless an educator explicitly shares a lesson via Public Preview (Section 4.7.4), educator-created content is never visible to the public or to other educators' students.
• Student Data from Educator Content: When students complete an educator's private lesson or quiz under a Classroom Key, their progress (tracing strokes, quiz results, reflections) is tagged with the educator's email and the student's anonymous PIN, and is visible only to that educator via their Marking Hub.

4.7.3 Restrictions on Educator Content

• No Commercial Resale of Lessons: Educators may not sell, sub-license, or redistribute their Content Studio lessons, tracing steps, or quiz questions as standalone digital products outside of the Toi Whakaaro platform. Toi Whakaaro does not operate a creator marketplace for lessons — sharing is handled through the peer-to-peer model in Section 4.7.4.
• Toi Iho for Māori Content: Educator-created lessons or pūrākau featuring Māori design motifs, cultural narratives, or traditional visual lineages must carry valid Toi Iho registration or equivalent cultural authorization before being shared via Public Preview.
• Platform Right to Remove: Toi Whakaaro reserves the right to remove or disable any educator-created content that violates these terms, the Mana Protection Clauses, or cultural integrity standards, regardless of whether it has been shared via Public Preview.
• Accreditation Requirement: Access to the Content Studio is included with Ringa Toi (Educator) accreditation, granted by Toi Whakaaro. If accreditation is revoked or placed on hold, educator content is preserved (not deleted) but editing access is gated until reactivation.

4.7.4 Public Preview & Peer-to-Peer Lesson Sharing

Educators may optionally mark their private lessons as "Public Preview" to share the lesson's cultural narrative and support community discussion in the Wānanga, while keeping the interactive tracing tools and master stroke data locked. This enables peer-to-peer lesson sharing between educators without exposing the underlying structural path data.

• What is Shared: When a lesson is set to Public Preview, its title, cultural narrative, cultural acknowledgment, and associated Wānanga discussion become visible in the Toi Directory to all registered users. The lesson appears with a "Preview" badge.
• What Remains Locked: The interactive tracing canvas, master stroke recordings, step-by-step guidance images, and all structural path data remain locked to the lesson owner and explicitly authorized educators only. The server-side access gate prevents unauthorized users from retrieving stroke data, even via direct API requests.
• Access Requests: An educator who views a Public Preview lesson may submit an access request to the lesson owner. The request includes the requester's email, display name, and an optional message. The owner receives an email notification and can grant or decline the request from their Educator Dashboard.
• Grant of Access: When the owner grants a request, the requester's email is added to the lesson's shared_with_emails list. The requester then has full access to the lesson's interactive tracing tools, master strokes, and can assign the lesson to their own Classroom Keys for their students.
• Revocation: The lesson owner may revoke a previously granted access at any time by removing an educator's email from the shared list. Access is also automatically revoked if the lesson is set back to "Private" status.
• No Transfer of Ownership: Granting access does not transfer ownership of the lesson. The owner retains full intellectual property rights, editing rights, and the right to revoke access. The receiving educator may use the lesson for their own classroom instruction but may not redistribute, re-license, or claim authorship of the lesson.
• Cultural Responsibility: Educators who share lessons via Public Preview remain solely responsible for the cultural integrity and Toi Iho compliance of their content, as outlined in Section 4.7.3. Granting access to another educator does not transfer this responsibility.
• Request Data: Access request records (requester email, message, status, timestamps) are visible to the requester, the lesson owner, and platform administrators. This data is retained for audit purposes and may be deleted by the owner or upon request.

4.7.5 Admin Moderation & Takedown of Educator Lessons

Toi Whakaaro reserves the right to administratively moderate any educator-created lesson, pūrākau story, or quiz question published on the platform — whether private or shared via public preview — to protect cultural integrity, legal compliance, and community safety.

• Moderation Actions: Platform administrators may set a lesson's moderation status to Active (no restriction, default), Suspended (lesson hidden from all non-admin, non-owner users pending review), or Removed (permanently hidden from public view). Suspended and removed lessons are invisible in Kete Ako, the Toi Directory, He Wāhi Ako (Kids Corner), and the Quiz Hub regardless of the educator's own "active" toggle.
• Grounds for Moderation: Moderation actions may be taken when a lesson is found to use design motifs in a defamatory, culturally inappropriate, or legally non-compliant manner; violates the Mana Protection Clauses; infringes the copyright or cultural rights of a third party; or breaches the Toi Iho registration requirement for Māori-content lessons.
• Reason & Notification: When a lesson is suspended or removed, the admin records a reason (e.g. "defamatory use of design motifs", "cultural breach"). This reason is visible to the educator in their Educator Dashboard so they understand the action and can respond or correct the content.
• Educator Cannot Override: The moderation status is set by administrators only. Educators cannot self-restore a suspended or removed lesson. An educator who believes a moderation action was made in error may contact Toi Whakaaro via the official contact channel to request a review.
• Restoration: Administrators may restore a suspended or removed lesson to active status at any time, after the underlying issue has been resolved or upon successful appeal.
• No Effect on Student Data: Moderation actions affect lesson visibility only. Student progress data (tracing sessions, quiz results, reflections) already recorded against a moderated lesson is preserved and remains accessible to the educator via their Marking Hub.

4.8.1 Booking & Approval Flow

• Peer-to-Peer Sessions: When a student requests a place, a pending booking is created and the educator receives an email notification. The educator approves or declines the booking from their Educator Dashboard.
• Capacity Limits: If the educator sets a maximum attendee cap, new bookings are rejected once the cap is reached.
• No Self-Booking: Educators cannot book their own classes.

4.8.2 Time-Bound Access & Classroom Key

• Auto-Generated Key: When an educator publishes a Master Class, a Classroom Key is automatically generated. Approved students receive this key by email.
• Access Window: The key unlocks the curated lessons, pūrākau, and quizzes only during the class session — from scheduled_start for duration_minutes. Outside this window, the key does not grant access.
• Content Scope: Only the lessons, stories, and quizzes the educator selected for the class are unlocked. The key does not grant access to the educator's other private content or the broader platform curriculum.
• Key Expiry: The key expires automatically when the class session ends. Students who wish to continue learning may contact Toi Whakaaro to discuss ongoing access.

4.8.3 Cancellations

• Educator Decline: If an educator declines a booking, no charge applies — all sessions are peer-to-peer.
• Educator Cancellation: If an educator cancels a class after a booking is approved, approved students are notified. No refund is required as no payment was taken.
• Student No-Show: As all sessions are peer-to-peer, non-attendance carries no financial penalty.

4.8.4 Admin Moderation of Classes

• Moderation Override: Master Classes are subject to the same admin moderation as lessons (Section 4.7.5). Administrators may suspend or remove a class that violates cultural integrity, the Mana Protection Clauses, or these terms.
• Suspended/Removed Classes: A suspended or removed class is hidden from the Toi Directory and new bookings are blocked. Existing approved bookings remain valid unless the educator cancels.

6.1 Dispute Resolution Process

• Good Faith Negotiation: Before initiating court proceedings, both parties agree to attempt to resolve any dispute in good faith through direct communication via the official Toi Whakaaro contact channel for a period of at least 14 days.
• Disputes Tribunal: For claims falling within the jurisdictional limit of the NZ Disputes Tribunal, parties consent to the Tribunal's jurisdiction as a cost-effective first recourse.
• Continued Performance: During any dispute resolution process, both parties shall continue to perform their obligations under these terms except for the specific obligation in dispute.

6.3 GST & Tax Obligations

Prices displayed on the platform are in New Zealand Dollars (NZD) and are inclusive of GST where applicable. Toi Whakaaro does not operate a creator marketplace, and educators do not sell lessons on this platform (see Sections 4.3 and 4.7.3). Lesson sharing between educators is handled through the free peer-to-peer model in Section 4.7.4. Businesses purchasing Commercial Licenses for digital templates are responsible for their own tax obligations, including income tax and GST registration, arising from any products they sell using those templates. Toi Whakaaro does not provide tax advice and recommends that businesses consult a registered tax advisor regarding their obligations under New Zealand tax law.

7.1 Access Modes & Age Verification

The Kids Corner operates two distinct access modes. In both modes, standalone account registration is completely prohibited for individuals under 16 years of age, and supervising adults must verify they are at least 18 years old before the workspace is unlocked.

• Practice Mode (Anonymous Local Access): Visitors aged 18 years or older may unlock the Kids Corner by confirming their birth year via the in-app age verification control. No user account, email, or login is required. Practice Mode provides access to a curated selection of public drawing lessons designated by Toi Whakaaro as suitable for open educational access. All student progress, tracing data, and session activity in Practice Mode is stored exclusively in the visitor's local browser storage and is never transmitted to or retained by Toi Whakaaro servers.
• Monitored Mode (PIN-Verified Classroom Access): Verified educators and platform administrators may issue temporary, time-bound "Classroom Keys" to their students. When a valid key is entered, additional classroom-only lessons become visible alongside the public content. In Monitored Mode, students verify their identity with a PIN issued by their educator, and their progress (tracing strokes, quiz results, and pūrākau reflections) is securely transmitted to our encrypted database, tagged only with an anonymous student PIN. This data is collected solely to provide educational feedback to the issuing educator via their private Marking Hub. Classroom Keys are ephemeral session tokens — they do not constitute student user accounts and do not require student email addresses.

7.2 Data Minimisation & Privacy Compliance

In strict compliance with the New Zealand Privacy Act 2020 and global mobile application distribution safety frameworks, Toi Whakaaro operates the following data policies for minor user activity:

• No Personal Identifiers: The app will never request, save, or store a child's real name, email address, physical location data, or image. In Monitored Mode, students are identified only by an anonymous PIN held by their educator.
• Anonymized Workspace Accounts: Profiles built for children must use display pseudonyms or initials only.
• Purpose-Limited Monitored Data: Where a student participates in Monitored Mode, their tracing performance, quiz results, and reflections are stored on secure Toi Whakaaro servers, tagged only with the student PIN. This data is used exclusively to provide educational feedback to the issuing educator and is never used for profiling, marketing, or commercial analytics.
• No Third-Party Sharing: No minor user data — whether stored locally (Practice Mode) or on our servers (Monitored Mode) — is ever shared with, sold to, or made visible to commercial third parties.
• Educator Control & Deletion: Educators hold the master key (their physical gradebook) linking each PIN to a specific student. Toi Whakaaro does not hold student names, birthdates, or contact details. Educators may view, manage, and permanently delete their students' Monitored Mode data at any time via the Marking Hub in their private Educator Dashboard.

7.3 Intellectual Property & Educational Guardrails

• Strict Non-Commercial Use: All digital assets, tracing wireframes, and simplified templates featured in the Kids Corner are restricted to personal, home-based, or classroom-based educational activities only.
• Derivative Protections: Art generated by children using the interactive workspace cannot be utilized by any entity for corporate branding, commercial product runs, or independent monetisation.

8.1 Institutional Multi-User Usage Rights

• The Educational License: Upon being granted Ringa Toi (Educator) accreditation by Toi Whakaaro, the school's designated educator receives a non-exclusive, non-transferable, revocable license to utilize the Artist Hub, Kete Ako, and He Wāhi Ako (Kids Corner) curriculum within a managed classroom environment.
• Device Allocation: This license permits the deployment of the app workspace across school-owned hardware (e.g., shared classroom tablets, laptops, or smartboards) solely for direct student instruction.
• No Commercial Resale: Under no circumstances may an educational institution sell, lease, or distribute access credentials to external third parties or individual families for private commercial use.
• Access Pathways: Educational access to the Artist Hub and Kids Corner curriculum is governed by Toi Whakaaro's three-tier accreditation model: (a) Kākano (Seed) — the default tier for every signed-in free account, providing access to the Studio, Digital Art, Toi Directory, Wānanga, and Whakapapa at no cost; (b) Pou (Pillar) — an accredited contributor tier, granted by Toi Whakaaro after review, providing full Kete Ako, Artist Hub, Quiz Hub, and Pūrākau access; (c) Ringa Toi (Skilled Hand) — an educator tier, granted by Toi Whakaaro, including Educator Dashboard access with classroom key management and student progress tracking. There are no recurring subscription fees — accreditation is granted at the discretion of Toi Whakaaro.

8.2 Student Data Protection & Privacy Guardrails

Toi Whakaaro is built to respect student privacy and aligns directly with the New Zealand Privacy Act 2020 and Ministry of Education digital safety recommendations:

• No Individual Student Accounts: Schools must operate under a centralized "Master Educator Account". Individual students are completely prohibited from registering personal accounts or inputting email addresses.
• Anonymized Class Profiles: Educators create Classroom Keys (e.g., "Room 4 - Term 3 2026") to group student activity. Students are identified only by an anonymous PIN issued by their educator — the platform stores the PIN, never the student's real name. Educators maintain the master key (a physical gradebook) linking each PIN to a specific student. No full legal names, national student numbers (NSNs), or contact info may be stored on the platform.
• Monitored Mode Data: Where students participate in PIN-verified Monitored Mode, their tracing precision scores, quiz results, and reflections are stored on secure Toi Whakaaro servers, tagged only with the student PIN. This data is accessible exclusively to the issuing educator via their private Marking Hub for the purpose of educational feedback and assessment.
• Educator-Controlled Retention: Educators may review and permanently delete any or all of their students' Monitored Mode records at any time via the Marking Hub. Data may also be purged in bulk at the conclusion of a school year or term upon request.
• Accreditation Hold & Data Preservation: If a Ringa Toi (Educator) accreditation is revoked, expires, or an admin-granted access period ends, the educator's account enters a "Hold" state. During this period, the educator's portal access is gated, but all classroom keys, student PINs, and Monitored Mode records are preserved (inactive but not deleted) to allow seamless reactivation upon re-granting of accreditation. Toi Whakaaro does not automatically purge educator or student data when accreditation is placed on hold. Educators who wish to permanently delete their data during a Hold state may contact Toi Whakaaro directly to request a full purge prior to reactivation.

8.3 Intellectual Property & Murals

• The Educational Sandbox: All artwork, tracing paths, and step-by-step design methodologies (e.g., Pūngāwerewere - 43 Steps) remain the exclusive intellectual property of Eria Gray – Toi Whakaaro.
• Required Attribution: For any public displays or physical items produced from lessons, visible credit must be displayed: "Learning structure designed by Eria Gray / toiwhakaaro.com".
• School Wall Murals & Permanent Displays: If the school wishes to paint a permanent design, carve a physical structural piece, or produce a large-scale wall mural based on a template taught inside the app, they must submit a formal request via the Toi Whakaaro dashboard to receive a complimentary Educational & Community License Addendum prior to commencing physical work.

8.4 Tikanga & Cultural Integrity Compliance

Educational institutions strictly agree to educate students on and uphold the Mana Protection Clauses outlined in the master terms:

• Designs traced or learned within the app must never be printed, painted, or projected onto items associated with the floor, sitting areas, or waste sanitation (e.g., school floor mats, seating benches, or cleaning rags), even within an art class or playground context.
• Any structural distortion or culturally inappropriate alteration of the foundational whakapapa (flow) of the motifs during lesson execution is strictly prohibited.

By activating an Educator Account, the institutional representative acknowledges they have the authority to bind the school to these terms.