Formee Education Pty Ltd
These Terms and Conditions ("Terms") govern the access and use of services provided by Formee Education Pty Ltd ("Formee Education", "we", "our"). By accessing or using our Services, you ("Client", "User", "Institution") agree to these Terms. If you do not agree, you must not use our services.
Formee Education is an Australian-based company providing AI-powered tools and software solutions to vocational and higher education institutions globally.
1. Definitions
"Services" refers to the suite of AI-powered tools and platforms provided by Formee Education, including but not limited to content generation, analytics, and management modules.
- o AI Social Media Content Generation
- o Student Management System (SMS)
- o AI Course Design Generator
- o Risk Assessment Module
- o AI Benchmarking Module with Peer Institutes
- o AI Quality Assurance Generator
- o Learning Management System (LMS)
- o Staffing & Professional Development Module
- · "Client Data" means all data uploaded, submitted, or provided by the Client or Users.
- · "Institution" means the vocational or higher education provider entering into agreement with Formee Education.
- · "User" means staff, administrators, educators, students, or authorised personnel of the Institution who access the Services.
- · "Australian Consumer Law (ACL)" refers to the consumer protection laws found in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Eligibility
You must be an authorised representative of a recognised vocational or higher education institution to enter into this agreement. By using our Services, you warrant that:
- · You have authority to act on behalf of your Institution.
- · Your Institution operates in compliance with applicable local, national, and international education regulations.
3. Provision of Services
Formee Education agrees to provide access to the Services as described in your subscription or service agreement.
We reserve the right to:
- · Modify or update the Services for improvements, security, and compliance.
- · Suspend or terminate access for violations of these Terms.
- · Introduce new modules or features, which may be subject to additional fees.
We will provide reasonable notice for major changes that materially affect existing functionality.
4. Client Responsibilities
Clients are responsible for:
- · Ensuring all Users comply with these Terms.
- · Providing accurate, lawful data.
- · Maintaining the confidentiality of account credentials.
- · Ensuring use of the Services aligns with local regulatory requirements, including:
- o Australian Skills Quality Authority (ASQA) guidelines
- o Tertiary Education Quality and Standards Agency (TEQSA) requirements
- o GDPR, UK GDPR, and other international data protection laws as applicable.
5. Acceptable Use
Clients and Users must not:
- · Use the Services for unlawful, discriminatory, or harmful activities.
- · Attempt to reverse engineer, decompile, or copy the underlying AI models or source code.
- · Upload malicious code, harmful data, or content containing viruses or malware.
- · Use AI-generated outputs as substitutes for regulatory or legal advice without validation.
- · Use the Services in ways that violate student rights, privacy laws, or educational integrity standards.
We reserve the right to suspend accounts for breaches of acceptable use.
6. Data Ownership and Intellectual Property
6.1 Client Data
- · You retain full ownership of all Client Data.
- · Formee Education does not claim ownership of any data you input into the Services.
- · You grant us a license to process Client Data solely for the purpose of providing the Services.
6.2 Formee Education Intellectual Property
Formee Education retains all rights to:
- · Software, algorithms, AI models, and system architecture
- · Documentation and training materials
- · Design elements, trademarks, and branding
Nothing in these Terms transfers ownership of any Formee Education intellectual property.
7. AI-Generated Content
Formee Education’s tools may generate content, including course materials, assessments, policies, risk reports, and social media content. Clients acknowledge that:
- · AI-generated outputs may require human review for accuracy.
- · Outputs are based on patterns and available training data and may not always be error-free.
- · Institutions are solely responsible for validating outputs for compliance with regulatory standards such as ASQA, TEQSA, and industry requirements.
Formee Education is not liable for regulatory breaches resulting from unverified AI-generated content.
8. Privacy and Data Protection
We comply with:
- · Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
- · General Data Protection Regulation (GDPR) for relevant international clients
- · Other applicable privacy and data protection legislation
8.1 Data Storage
- · Data may be stored in Australia or in secure global data centres, depending on client requirements.
- · Storage locations will be disclosed in the Data Processing Agreement (DPA).
8.2 Confidentiality
We implement reasonable administrative, technical, and physical safeguards to protect Client Data.
8.3 Student Data
Institutions warrant that:
· They have obtained valid consent or legal basis to upload student or staff data.
· Their use of Formee Education complies with FERPA, GDPR, APPs, and other applicable education privacy laws.
9. Third-Party Integrations
Some Services may integrate with third-party platforms such as LMS software, student management tools, social media platforms, or cloud providers. By enabling integrations, you:
· Authorise us to exchange relevant data with the third-party services.
· Acknowledge that Formee Education is not responsible for third-party failures, breaches, or downtime.
10. Service Availability and Support
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance or unforeseen outages may occur.
Support includes:
· Technical troubleshooting
· Module setup assistance
· System updates and product improvements
Service-level agreements (SLAs) may be provided under enterprise contracts.
11. Fees, Billing, and Payment Terms
· Pricing is based on subscription tiers or enterprise agreements.
· Fees are billed annually or monthly, depending on contract terms.
· All prices are listed in AUD unless otherwise stated.
· Failure to pay may result in suspension of access.
Taxes such as GST may apply in accordance with Australian tax law.
12. Termination
Either party may terminate the agreement with written notice as per the contract.
We may terminate or suspend access if:
· You violate these Terms
· You fail to pay fees
· You engage in misuse of the system
Upon termination:
· Access to Services will cease
· We will return or delete Client Data as per the DPA
13. Warranties and Disclaimers
To the maximum extent permitted by law:
· Services are provided "as-is" and "as available"
· We exclude all implied warranties
· We do not guarantee that AI outputs will always be correct, complete, or compliant
Your statutory rights under the Australian Consumer Law remain unaffected.
14. Limitation of Liability
To the extent permitted by law, Formee Education is not liable for:
· Loss of profits, revenue, or data
· Business interruption
· Regulatory non-compliance caused by unverified AI outputs
· Third-party system failures
Our total liability is limited to the fees paid by the Institution during the previous 12 months.
15. Indemnities
You agree to indemnify Formee Education against claims arising from:
· Misuse of Services
· Uploading unlawful or unauthorised data
· Failure to validate AI-generated content
· Violations of privacy or education regulations
16. Local and International Compliance
Clients are responsible for ensuring compliance with:
· Local education regulations
· Privacy and data laws
· Accreditation and audit requirements
Formee Education provides tools, not regulatory determinations.
17. Changes to Terms
We may update these Terms from time to time. Changes will be posted on our website or communicated to Clients. Continued use constitutes acceptance.
18. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes shall be resolved in the courts of New South Wales.
19. Contact Us
Formee Education
41 Boundary Rd, North Melbourne VIC 3051
contact@formeeeducation.com