User Agreement
- Introduction
This User Agreement (“Agreement”) is entered into by and between Safe Student Surveys (“Company”), a startup business located in Australia, and the Client (“Client”). By accessing or using the services provided by Safe Student Surveys, the Client agrees to comply with and be bound by the terms and conditions set forth in this Agreement.
The individual or entity executing this Agreement on behalf of Safe Student Surveys represents and warrants that they have the authority to bind the startup to the terms and conditions herein.
- Service Description
Safe Student Surveys provides a specialised screening service designed to analyse qualitative data contained within student evaluations of teaching responses. This service utilises proprietary classification machine learning models and keyword matching algorithms, fully owned by the Company. The purpose of the service is to identify potentially harmful content within the feedback provided by students. The results generated from this screening are intended to assist the Client in managing and addressing any inappropriate or harmful content within their student feedback. - Client Responsibilities
The Client is responsible for ensuring the accuracy and completeness of the student feedback data provided for processing. The Client agrees that the results generated by Safe Student Surveys are to be used exclusively for internal purposes within their institution. The Client shall not share the results with any external parties, including but not limited to third-party vendors, partners, or affiliates. Furthermore, the Client agrees that the results shall not be used for any developmental purposes, including training machine learning models, testing algorithms or any other type of research and development. - Data Handling and Privacy
The Company is committed to the highest standards of data security and privacy. All student feedback data provided by the Client will be stored on secure, dedicated servers owned and operated by the Company, located either in Australia or New Zealand. These servers exist on a private network, isolated from public internet access, ensuring that data is protected from unauthorised access. The data will be used solely for the purpose of delivering the screening service and will be permanently deleted from the servers immediately after the results have been returned to the Client. While the Client’s data is on Company servers, the data is stored on a server separate from all other Company servers and other Client’s data.
The Company acknowledges that the Client has the right to request the deletion of their data from the Company’s servers at any time while the data is still stored. Upon receiving such a request, the Company will promptly delete the data in accordance with the Client’s instructions. The Client understands and agrees that requesting the deletion of data prior to the completion of the service may impact the Company’s ability to deliver the requested services and may result in incomplete or unavailable results.
All file transfers between the Company and the Client will be conducted using secure file transfer methods to ensure the integrity and confidentiality of the data. The Company does not share any data with third parties, and all data processing activities are conducted exclusively on the Company’s servers.
- Pricing
The services provided by Safe Student Surveys are currently offered free of charge. The Company reserves the right to introduce a pricing structure in the future, with adequate notice provided to the Client. - Ownership of Data and Results
The Company does not claim any ownership rights over the processed data or the results generated through its service. All data and results remain the sole property of the Client. The Company grants the Client a limited, non-exclusive, and non-transferable license to use the screening results strictly in accordance with the terms of this Agreement. The Client acknowledges that this license does not grant any rights to use the results for purposes other than those specified in this Agreement. - Amendments to Services
The Company reserves the right to modify, update, or discontinue any aspect of the services provided under this Agreement. The Company will provide the Client with reasonable notice of any significant changes to the service that may impact the Client’s use of the service. The Client’s continued use of the service following such notice constitutes acceptance of the changes. - Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its staff from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or in connection with the Client’s use of the service, any breach of this Agreement by the Client, or any violation of applicable laws or regulations. - Compliance with Laws
The Client agrees to comply with all applicable laws, regulations, and guidelines in connection with the use of the services provided by the Company. This includes, but is not limited to, data protection and privacy laws relevant to the handling of student information. - Intellectual Property Rights Protection
The Client agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Company’s proprietary software and models. All intellectual property rights related to the service, including but not limited to software, algorithms, and methodologies, remain the exclusive property of the Company. - Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, cyber-attacks, labour disputes, or governmental actions. In such an event, the Company will notify the Client as soon as practicable and make reasonable efforts to resume performance. - Client Feedback and Improvements
The Client is encouraged to provide feedback on the services offered by the Company. The Company may use any feedback, suggestions, or ideas provided by the Client to improve or enhance its services without any obligation to the Client. The Company reserves the right to implement such improvements or changes at its discretion. - Confidentiality
The Client agrees to maintain the confidentiality of the results generated by Safe Student Surveys. The Client shall take all necessary measures to prevent unauthorised access to or disclosure of the results to any external parties. The Client acknowledges that any breach of confidentiality may result in irreparable harm to the Company and agrees that the Company shall be entitled to seek injunctive relief in addition to any other legal remedies available. - Liability and Disclaimers
The Company provides its services on an ‘as-is’ and ‘as-available’ basis, without any warranties, either express or implied. As a startup, Safe Student Surveys may not have the same level of resources or infrastructure as an established company. The Client acknowledges that while the Company employs advanced technology and methodologies, the screening process may not be perfect, and there is a possibility of inaccuracies or omissions in the results provided. The Company shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of its services. The Client assumes full responsibility for the use of the results and any decisions made based on such results. - Termination
Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination, the Client’s access to the service will be revoked, and any remaining data stored on the Company’s servers will be permanently deleted. Termination of this Agreement shall not affect any rights or obligations that have accrued prior to the date of termination. - Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Australia, applicable to businesses operating within the jurisdiction. In the event of any dispute arising from or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to arbitration or mediation in Australia, as the primary method of dispute resolution. - Miscellaneous
This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements or understandings, whether written or oral. Any amendments or modifications to this Agreement must be made in writing and signed by both parties. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.