Terms of Service

Publication Date: 05/05/2023

Effective Date: 05/05/2023

Thank you for taking the time to read our Terms of Service. These terms govern the use of our service (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and FirstThing.ai Pty Ltd.

It’s our mission at FirstThing.ai to help you make fast high-quality decisions. Therefore, you’ll find simple explanations of our Terms in these boxes.

Please note however that these boxes don’t form part of the legally binding agreement; only the Terms outside these boxes do.

Overview

  • FirstThing.ai is a service designed to help you understand and communicate decision-critical information in business. To use our service, you’ll need to upload your own content (“User Content”), which you have full control, ownership, and responsibility over.

  • The Service is made available on the web at firstthing.ai and, over time, through other channels. Your use of the Service is subject to these Terms and FirstThing.ai’s Acceptable Use Policy. By using the Service you acknowledge FirstThing.ai’s Privacy Policy.

  • You may use the Service only if you can form a binding contract with FirstThing.ai and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

Data Ownership, Privacy and Security

By using the Service, you agree to our Terms.

Your data is yours; we don’t own it. We don’t use it to better our AI models, and we don’t use third party services that will either.

Whilst the service is currently free, it is our intention to add a paid version some time in the future. When that happens, we may ask free users to allow us to use their data to improve our models in a safe and secure way.

  • User Content: You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and FirstThing.ai, you own all right, title and interest in and to your User Content.

  • Data Ownership: In order to provide our service to you, you grant us a license for the limited purposes of:

    –         Operating, providing, troubleshooting, and debugging our products;

    –         Protecting our products;

    –         Customising our products for you.

    We do not use your User Content for training or fine-tuning AI models where there is risk of your sensitive information being accessible by others.

Beta Product

We’ll do our best to give you a high-performing service, but please be patient while we develop the Beta.

  • FirstThing.ai is in a Beta stage of development. During this stage, performance and reliability may not be as high as other products you regularly use, and we will log and analyse information about how you use and interact with the Service to inform future development.

Using the Service

The service is not meant for children.

Every user should have a unique account; please don’t share.

  • Age Requirement: Persons under the age of 13 may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms.

  • Access to the Service: Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. FirstThing.ai reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

  • Acceptable Use: Your use must comply with our Acceptable Use Policy.

FirstThing.ai’s Intellectual Property

We own our IP. If you help us with ideas, we own what we make with those ideas.

  • Except as expressly set out in these Terms, all intellectual property rights in and to the Service remain the sole property of FirstThing.ai and its licensors. You assign to FirstThing.ai any suggestions, ideas, enhancement requests, or other feedback you provide to FirstThing.ai relating to the Service or FirstThing.ai’s products. FirstThing.ai owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

Warranty Disclaimer

We do our best to provide you with a great service, but it is provided “as is”.

 You won’t hold us responsible for things outside our control (e.g., an outage of our cloud hosting provider affecting the Service.)

  • The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, FirstThin.ai, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. FirstThing.ai does not warrant that your use of the Service will be uninterrupted or error-free. FirstThing.ai does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that FirstThing.ai does not own, operate, or control, and that FirstThing.ai is not responsible for any of your data lost, altered, intercepted or stored across such networks. FirstThing.ai will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside FirstThing.ai’s reasonable control.

Indemnity Obligations

You are responsible if you misuse The Service.

  • You agree, to the extent permitted by law, to defend, indemnify and hold harmless FirstThing.ai and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.

Limitation of Liability

  • In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 AUD. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled Using the Service

  • In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled Using the Service.

  • FirstThing.ai is not responsible for, and assumes no liability for, the contents of User Content.

  • These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or wilful misconduct.

Term and Termination

  • Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until your account is deleted or terminated.

  • Violations. If FirstThing.ai, in its sole discretion, determines that you or your use of the Service or your User Content, violate these Terms, including but not limited to, FirstThing.ai’s Acceptable Use Policy or the Section entitled ‘Restrictions on Use of the Service” (any of which is considered a “Violation”) FirstThing.ai may take one or more of the following actions in its sole discretion:

    i.     delete the prohibited User Content;

    ii.     suspend your access to the Service;

        iii.     terminate and delete your account along with all User Content associated with that account

        iv.     permanently ban you from using the Service; and/or

        v.     disclose the prohibited User Content to appropriate government authorities.

  • If your account has been terminated due to a Violation, you may not create a new account on any FirstThing.ai Service unless you receive FirstThing.ai’s written permission.

  • Survival of Terms. Sections titled “Term and Termination,”, “FirstThing.ai’s Intellectual Property,” “Limitation of Liability,” “Indemnity Obligations”, and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

Miscellaneous

  • Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. FirstThing.ai agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.

  • Governing Law and Jurisdiction. This Agreement is governed by the laws of the New South Wales, Australia. In the event of any dispute arising out of or in relation to these Terms, you and FirstThing.ai agree that the exclusive venue for resolving any dispute shall be in the courts New South Wales

  • Dispute Resolution. If a dispute arises from this Agreement, neither party can initiate legal proceedings unless they follow this clause, except when seeking urgent interim relief. If you have a dispute arising out of these Terms, please contact us at hello@firstthing.ai and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and FirstThing.ai each agree to resolve any claim, dispute, or controversy (excluding any FirstThing.ai claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), through mediation with an agreed mediator or one appointed by the President of the NSW Law Society or their nominee. Both parties are equally responsible for the mediator's fees, expenses, and venue costs. Each party must cover their own costs associated with the mediation. All communications regarding negotiations made by the parties during dispute resolution must be kept confidential and treated as 'without prejudice.' If the dispute remains unresolved 14 days after mediation begins, either party can terminate the mediation with written notice. After terminating the mediation as per above, either party can initiate legal proceedings regarding the dispute.

  • Assignment. You may not assign these Terms or any of your rights under these Terms without FirstThing.ai’s consent except to any successor by way of a merger, acquisition, or change of control. FirstThing.ai may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

  • Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

  • Severability. Any provision of these Terms which are prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

  • Waiver. FirstThing.ai’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect FirstThing.ai’s ability to enforce any provision thereafter.

  • Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

  • Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on the website firstthing.ai. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

  • Changes to the Service. FirstThing.ai may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time.

  • Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and FirstThing.ai with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and FirstThing.ai, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order.