Terms of Service

1. Agreement to these Terms

Day One Education Pty Ltd (ABN 52 696 719 561, ACN 696 719 561) ("we", "us", "our") provides the DOE GAMSAT preparation platform, including the web application, AI grading features, practice content, and all related services ("the Platform").

By creating an account or using the Platform, you agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding contract between you and Day One Education Pty Ltd. If you do not agree, do not create an account or use the Platform.

These Terms should be read together with our Privacy Policy and our Refund Policy. Where those documents address a matter specifically, they govern that matter. In the case of any inconsistency between these Terms and either of those documents, the more specific provision prevails.

We may update these Terms from time to time. When a change is material — that is, when it meaningfully alters your rights or obligations — we will give you at least 30 days' written notice via email to your registered address and an in-app notice before the change takes effect. Non-material changes (such as corrections or clarifications) take effect when posted and the "last updated" date is revised. If you object to a material change, you may close your account before the change takes effect and, where applicable under our Refund Policy, receive a pro-rata refund for the unused portion of your billing period.

2. Eligibility

You must be at least 18 years of age to create an account or use the Platform. We do not operate a parental-consent pathway for anyone under 18, consistent with our Privacy Policy (§13). By registering, you confirm that you are 18 or older.

You must have the legal capacity to enter into a binding contract under the law of your jurisdiction. If you are accepting these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" in these Terms refers to that organisation.

You must provide accurate, complete, and current information when creating your account and keep it up to date. Accounts registered with false information may be suspended.

3. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly at support@dayoneed.com if you suspect unauthorised access.

Accounts are personal. You may not share your credentials or allow others to use your account. We may suspend accounts that show signs of credential sharing or automated misuse. Before doing so, we will give you notice and an opportunity to respond, except where immediate action is necessary to protect the Platform or other users.

4. The licence we grant you

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own personal, non-commercial GAMSAT preparation purposes.

This licence covers the web application, practice content, AI grading features, and materials we make available through the Platform. It does not include any right to reproduce, distribute, modify, create derivative works from, sublicence, or sell Platform content, except as expressly permitted in these Terms or with our prior written consent. Any rights not expressly granted are reserved.

5. Permitted and prohibited uses

5.1 Permitted uses

You may use the Platform to:

• Complete practice questions, essays, and AI-graded assessments for your own GAMSAT preparation.
• Access study materials, explanations, and AI tutor interactions provided as part of your subscription.
• Export or download content that we expressly make available for download (such as your own graded submissions).

5.2 Prohibited uses

You must not:

• Scrape, crawl, harvest, or otherwise systematically extract content from the Platform using automated tools, bots, scripts, or other means not authorised by us.
• Use any content, data, or outputs from the Platform to train, fine-tune, or evaluate an AI model intended to compete with or replicate DOE's AI features.
• Systematically bulk-copy, redistribute, or resell the Platform's content, questions, or study materials, whether in original or modified form.
• Attempt to gain unauthorised access to any part of the Platform or its underlying systems.
• Interfere with, degrade, or disrupt the Platform or its infrastructure.
• Use the Platform in a manner that violates any applicable law or regulation.
• Impersonate another user, our staff, or any other person.
• Submit content through the Platform that infringes the intellectual property rights of any third party (see §6).

For clarity, nothing in these Terms prevents you from building a separate GAMSAT preparation service using your own independently developed content and technology, provided you do not make use of DOE's content, data, or systems to do so.

6. Your content

6.1 Your ownership

You retain ownership of all content you submit to the Platform, including your essay responses, practice-question answers, and any other written input ("Your Content"). These Terms do not transfer any ownership rights in Your Content to us.

6.2 Licence from you to us

By submitting Your Content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to store, process, display, and transmit Your Content solely for the following purposes:

• operating and delivering the Platform to you (including AI grading and feedback generation);
• improving user-facing product features, such as training response quality, calibrating grading rubrics, and diagnosing content issues — using anonymised or aggregated analysis where possible; and
• complying with legal obligations requiring us to retain certain records.

This licence does not include the right to sublicence Your Content to third parties, except that we may share Your Content with our technical subprocessors (such as cloud infrastructure and AI API providers) as strictly necessary to operate the Platform. Our use of subprocessors is governed by our Privacy Policy.

This licence expressly excludes using Your Content to train or fine-tune AI models unless you have separately opted in to AI training under your account settings and our Privacy Policy (§7). The AI training opt-in is off by default; declining has no effect on the quality of grading or the price you pay.

6.3 Feedback

If you submit feedback or feature suggestions ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use it solely to improve the Platform. This is not an assignment; you remain free to share the same ideas elsewhere. Feedback does not include your academic essays or practice-question responses, which remain governed by §6.2.

6.4 Duration and responsibilities

The §6.2 licence ends when you delete the content or close your account. We delete Your Content within the timeframes in our Privacy Policy (§9), except where legal retention obligations apply. You are responsible for ensuring Your Content does not infringe third-party rights or breach these Terms.

7. Subscriptions, billing, and renewals

7.1 Account types and free access

We offer two account types: a permanent Free account and a paid Pro subscription. The features available at each level are described on our pricing page.

The Free account has lifetime usage caps on practice content (currently 5 Section 1 questions, 5 Section 3 questions, and 3 Section 2 essay prompts across the lifetime of the account) and a one-time taste of each AI feature (currently 1 essay grading, 5 question explanations, 1 AI tutor session of up to 10 messages, and 1 analytics report) plus 5 free credits to spend on any combination of AI features after the taste is consumed. No payment method is required to use the Free account.

To continue using AI features after free credits are exhausted, you may buy a credit top-up pack (any account type) or subscribe to Pro. To access practice content beyond the Free caps, you must subscribe to Pro.

7.2 Billing periods

Paid subscriptions are available in monthly, 3-month, and 6-month periods as displayed at checkout. The price is confirmed before payment is taken.

7.3 Auto-renewal

Subscriptions renew automatically at the end of each billing period unless you cancel beforehand. We will send you a reminder email at least 7 days before each renewal, including the renewal date, the amount to be charged, and how to cancel.

7.4 Cancellation

You may cancel your subscription at any time through Account Settings → Subscription. Cancellation takes effect at the end of your current paid period; you retain access to paid features until that date. Cancellation does not automatically trigger a refund — see our Refund Policy for applicable refund entitlements.

7.5 Credits

Pro subscription credits are granted in monthly instalments anchored to your purchase date (e.g., a Pro subscription purchased on the 14th receives its monthly credit grant on the 14th of each month). Each instalment expires at the next monthly anchor. Free-tier and top-up credits never expire. Credits are non-transferable between accounts.

If you cancel your subscription, your current month's credit instalment remains usable until the end of your paid period; future instalments stop. Top-up credits and free-tier credits are unaffected by subscription cancellation.

7.6 Pricing changes

We may change pricing. For existing subscribers, any price increase takes effect only at your next renewal, with at least 30 days' advance email notice. You may cancel before the renewal date if you do not wish to pay the new price.

8. Refunds

Your statutory rights under the Australian Consumer Law ("ACL") and, where applicable, the Consumer Rights Act 2015 (UK) and the EU Consumer Rights Directive are not affected by these Terms. Nothing in this section limits those rights.

Our detailed refund entitlements and procedures are set out in our separate Refund Policy, which forms part of these Terms. The Refund Policy governs all requests for refunds and your rights to seek remedies where the Platform does not meet the consumer guarantees to which you are entitled.

9. AI features and automated decisions

The Platform uses AI to grade essays and provide feedback. AI-generated grades are study aids, not formal academic assessments.

Human review. You may request a human review of any AI grade by emailing support@dayoneed.com with the subject line "Human Review Request" and identifying the submission. We will provide written feedback within 10 business days at no additional charge.

AI training. We will not use Your Content to train AI models without your explicit opt-in. See §6.2 and our Privacy Policy (§7).

10. Our intellectual property

All intellectual property rights in the Platform — including the software, study content, question banks, rubrics, branding, and trade marks — are owned by or licensed to Day One Education Pty Ltd. Nothing in these Terms transfers those rights to you. You may not reproduce, adapt, or distribute any part of the Platform's content or software except as expressly authorised in §4. The DOE name, logo, and marks may not be used without our prior written consent.

11. Changes to the Platform

11.1 General changes

We may update, improve, or modify Platform features from time to time. We may also discontinue features that are no longer viable to maintain. For changes that are not material to a paid subscription, we will endeavour to provide reasonable advance notice but are not obligated to do so.

11.2 Material changes during a paid billing period

If we make a change during your current paid billing period that materially reduces access to features you subscribed for, we will:

• give you at least 30 days' advance written notice of the change; and
• offer you, as an alternative to accepting the change, a pro-rata refund of the unused portion of your current billing period.

You may elect your preferred remedy by contacting support@dayoneed.com within 14 days of receiving the notice.

11.3 Service availability

We aim to keep the Platform available at all times but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.

12. Term and termination

These Terms remain in effect for as long as you hold an account.

By you. You may close your account at any time through Account Settings or by emailing support@dayoneed.com. Closing your account cancels any active subscription (subject to our Refund Policy) and triggers content deletion per our Privacy Policy (§9).

By us. We may suspend or close your account if: you materially breach these Terms and fail to remedy it within 14 days of written notice; you use the Platform in a way that harms other users or the Platform; or we are required to do so by law. We will give you prior written notice except where immediate action is necessary. We will refund pre-paid fees for the unused period after closure, except in cases of fraud or deliberate harm.

Effect. On termination, your licence ends. Sections §6, §10, §13, §14, §15, and §17 survive termination.

13. Warranties

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition imposed by legislation (including the Australian Consumer Law) that cannot lawfully be excluded or limited. Where the ACL or equivalent consumer protection law applies, you have the benefit of consumer guarantees that cannot be excluded.

Subject to the above, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be error-free or uninterrupted, that AI-generated grades will be accurate, or that the Platform will produce any particular exam result. These limitations do not affect your statutory rights.

You warrant that: you meet the eligibility requirements in §2; Your Content does not infringe third-party rights; and you will use the Platform only as permitted.

14. Limitation of liability

14.1 Cap on liability

To the extent permitted by law, our total liability to you under or in connection with these Terms (whether in contract, tort including negligence, statute, or otherwise) arising in any 12-month period is limited to the greater of:

(a) the total fees you have paid to us in the 12 months immediately before the event giving rise to the claim; or

(b) AUD $200.

14.2 Exclusions from the cap

The cap in §14.1 does not apply to liability:

• that cannot be excluded under the Australian Consumer Law or any other applicable consumer protection legislation, including liability for failure to comply with a consumer guarantee;
• arising from our wilful misconduct or gross negligence;
• arising from our fraud or fraudulent misrepresentation;
• for death or personal injury caused by our negligence; or
• for any other liability that cannot lawfully be limited or excluded.

14.3 Excluded types of loss

To the extent permitted by law, we are not liable for loss of profits, loss of revenue, loss of data (beyond what is covered by our Privacy Policy obligations), indirect loss, or consequential loss, whether or not we were advised of the possibility of such loss.

15. Indemnification

You agree to indemnify and hold harmless Day One Education Pty Ltd and its officers, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable legal fees) arising from:

• your breach of these Terms;
• Your Content infringing a third party's intellectual property or other legal rights; or
• your unlawful use of the Platform.

This indemnity does not apply to the extent that the claim arises from our own negligence, wilful misconduct, or breach of these Terms. We retain the right to assume exclusive control of the defence of any matter to which this indemnity applies, at our cost. You will co-operate with us reasonably in the defence of such claims.

16. Third-party services

The Platform integrates with third-party services including payment processors, subscription management providers, and AI API providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the acts or omissions of third-party service providers, though we take reasonable care in selecting and overseeing our subprocessors.

Links or references to third-party websites or resources are provided for convenience. We do not endorse or control those resources and are not responsible for their content or availability.

Full details of our subprocessors are maintained in our Privacy Policy and at /legal/subprocessors.

17. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict-of-law rules.

Subject to §18 (Disputes), you and we submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If you are a consumer resident in the United Kingdom or a member state of the European Economic Area, you also retain the right to bring proceedings in the courts of your country of habitual residence.

Nothing in these Terms limits the jurisdiction of the Australian Competition and Consumer Commission ("ACCC"), the Office of the Australian Information Commissioner ("OAIC"), the Information Commissioner's Office ("ICO"), or any other applicable regulatory authority to investigate, supervise, or take action with respect to our conduct.

18. Disputes

Before commencing formal proceedings, contact us at legal@dayoneed.com describing your concern. We will acknowledge within 5 business days and work in good faith to resolve it within 30 days. If that is unsuccessful, either party may proceed to a court of competent jurisdiction under §17. There is no mandatory arbitration requirement; nothing in these Terms prevents you from commencing or participating in class proceedings.

Nothing in this section prevents you from lodging a complaint with Consumer Affairs Victoria, the ACCC, the OAIC, the ICO (UK), or any other applicable regulator at any time.

19. General

Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us and supersede any prior representations or agreements.

Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible; the remaining provisions continue in full force.

No waiver. Failure to enforce any provision on one occasion does not waive enforcement on a future occasion.

Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign to a related entity or in connection with a merger or acquisition, provided your rights are not materially diminished.

Notices. We will send notices to your registered email address. Legal notices to us should go to legal@dayoneed.com or our registered office.

Language. These Terms are in Australian English. In the event of any translation, the Australian English version prevails.

20. Contact

Day One Education Pty Ltd Unit 1712, 7 Claremont Street South Yarra VIC 3141 Australia ABN 52 696 719 561 | ACN 696 719 561

Legal enquiries: legal@dayoneed.com Support: support@dayoneed.com

We aim to respond to legal and Terms-related enquiries within 10 business days.