Terms of Service

**Last updated: 29 June 2026**

**Version: 2.0**

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## 1. Who we are and what these terms cover

These Terms of Service ("Terms") govern access to and use of the First Six platform, websites, and related services (the "Service"), operated by First Six Pty LtdFirst Six Technologies Pty Ltd (ACN 699 938 817, ABN 19 699 938 817) ("First Six", "we", "us").

The Service is provided to universities and other institutions ("Institution", "you") under an order form or subscription agreement (the "Agreement"). These Terms form part of that Agreement. Students and staff who access the Service ("End Users") do so under their Institution's account and these Terms.

If you are accepting these Terms on behalf of an Institution, you warrant that you have authority to bind it.

In the event of conflict between these Terms and the Data Processing Agreement on data-protection matters, the DPA prevails.

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## 2. The Service

First Six is a student-experience platform for the first weeks of study: weekly briefings, wellbeing check-ins, a human-answered help inbox, aggregate cohort insights, a student workspace and timetable, and institutional branding. Features may evolve; we will not materially reduce the core Service during a paid term without notice.

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## 3. Accounts, access, and single sign-on

- Access is provisioned per Institution. End-User identities are linked to existing student or staff records from your roster; sign-in links to a known person and never creates one.

- Authentication is via your identity provider (single sign-on) or, where enabled, secure email links. You are responsible for managing your identity provider and the lifecycle of your users.

- You are responsible for use of the Service under your account, and for keeping institution-held credentials (such as integration secrets) secure.

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## 4. Acceptable use

You and your End Users must not:

- use the Service unlawfully, or to harass, harm, or infringe the rights of others;

- attempt to access another tenant's data, probe or breach security, or circumvent access controls;

- upload malware, or use the Service to store data unrelated to the student experience it provides;

- engage in automated scraping, rate-limit evasion, or harvesting of End User data for use outside the Service;

- use the Service, or any of its outputs, to train any machine-learning or AI model;

- reverse engineer, resell, or use the Service to build a competing product, except to the extent this restriction is prohibited by law.

We may suspend access to address a material security risk, unlawful use, or non-payment, and will restore it once resolved.

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## 5. Student welfare data

The Service handles sensitive wellbeing information. You agree to use wellbeing and crisis features as intended — to support students — and not to use individual wellbeing signals for disciplinary, academic-penalty, or surveillance purposes, nor for any decision with legal or similarly significant effect on a student. Handling of personal data is governed by our Privacy Policy and the Data Processing Agreement.

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## 6. Customer data and ownership

- **Your data is yours.** As between the parties, the Institution owns all data it and its End Users put into the Service ("Customer Data").

- You grant us a limited licence to process Customer Data solely to provide and support the Service, as set out in the DPA.

- We do not sell Customer Data, and we do not use student data to train third-party AI models.

- We own the Service, its software, and its underlying IP. Feedback you provide may be used to improve the Service without obligation.

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## 7. Fees and renewal

- Fees, billing frequency, and term are set in your order form. Unless stated otherwise, fees are exclusive of GST and other taxes.

- Renewals require a new order form executed by both parties. The Agreement does not auto-renew.

- Late amounts may accrue interest as permitted by law. Invoice disputes raised within 30 days of an invoice date will be resolved in good faith before any late-payment remedy applies.

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## 8. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the Agreement. This does not apply to information that is public, independently developed, or required to be disclosed by law.

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## 9. Service levels, support, and status

We provide the Service with reasonable skill and care and operate it on managed, monitored cloud infrastructure with automated backups and a documented incident-response process. We target **99.5% monthly availability** of the Service, excluding scheduled maintenance and events outside our reasonable control. Current service status is published at [status.firstsix.com.au](https://status.firstsix.com.au). Formal uptime SLAs with service credits are available under enterprise agreements.

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## 10. Warranties and disclaimers

Except as expressly stated, the Service is provided "as is". To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes rights under the Australian Consumer Law or other non-excludable consumer guarantees; where liability for a guarantee can be limited, it is limited to re-supplying the Service.

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## 11. IP infringement indemnity

First Six will defend the Institution against any third-party claim that the Service, as supplied, infringes an Australian-registered patent, registered trade mark, or copyright, and will pay damages finally awarded by a court (or settlement amount we agree to). This indemnity is conditional on: (a) the Institution promptly notifying First Six of the claim; (b) First Six having sole control of the defence and any settlement; and (c) the Institution providing reasonable cooperation. The indemnity does not apply to claims arising from: (i) modification of the Service by anyone other than First Six; (ii) use of the Service in combination with anything not supplied or recommended by First Six, where the infringement would not have occurred without the combination; or (iii) Customer Data.

If a claim is reasonably likely to succeed, First Six may, at its option: (1) procure the right for the Institution to continue using the Service; (2) modify the Service so it is non-infringing; or (3) terminate the affected portion of the Service and refund any prepaid fees for the unused term.

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## 12. Liability

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, and each party's total aggregate liability arising under the Agreement is capped at the fees paid or payable in the 12 months before the event giving rise to the claim. These limits do not apply to: a party's breach of confidentiality, the IP infringement indemnity in section 11, your payment obligations, or liability that cannot be limited by law.

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## 13. Insurance

First Six maintains commercially reasonable cyber liability and professional indemnity insurance, with certificates of currency available on written request.

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## 14. Term, termination, and what happens to data

- The Agreement runs for the term in your order form.

- Either party may terminate **for material breach** not cured within 30 days of written notice.

- Either party may terminate **for convenience** on 30 days' written notice; fees paid in advance for any unused portion of the term will be refunded on a pro-rata basis.

- On termination, access ends, and Customer Data is returned or deleted in line with the DPA, in a documented machine-readable format (currently JSON). We will not withhold Customer Data as leverage in any dispute.

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## 15. Changes to these Terms

We may update these Terms from time to time. For material changes affecting a paid Institution, we will give at least 30 days' written notice. Continued use after changes take effect constitutes acceptance.

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## 16. Force majeure

Neither party is liable for failure to perform (other than payment obligations) caused by an event outside its reasonable control, including natural disasters, acts of government, war, internet or telecommunications failures, pandemics, or third-party infrastructure outages. The affected party will use reasonable efforts to mitigate and will keep the other informed.

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## 17. Notices

Formal notices must be in writing and sent to the contact address in the order form or to [legal@firstsix.com.au](mailto:legal@firstsix.com.au), with a copy by post to the registered office. Notices by email are taken to be received on the next business day at the recipient's location.

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## 18. General

The Agreement constitutes the entire agreement between the parties and supersedes prior discussions. The Agreement is governed by the laws of **Queensland, Australia**, and the parties submit to the courts of that jurisdiction. If any provision is unenforceable, the rest remains in effect. Neither party may assign without consent, except to a successor of its business. The parties will attempt to resolve any dispute in good faith before commencing court proceedings.

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## 19. Contact

[legal@firstsix.com.au](mailto:legal@firstsix.com.au) — First Six Pty Ltd, [Registered office to be confirmed on registration].

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**Related:** [Privacy Policy](/legal/privacy-policy) · [Data Processing Agreement](/legal/data-processing-agreement) · [Cookie Policy](/legal/cookie-policy)

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