Fellowed Terms of Service

By creating an account, purchasing a subscription, or using our website, mobile apps, mock exams, study guides, question bank, analytics, or any related features and content (the Services), you agree to these Terms of Service (Terms). If you accept on behalf of an organisation, you confirm you have authority to bind it.

• You must be 18 or older.
• Provide accurate account information and keep it current.
• You are responsible for your credentials and all activity under your account. Tell us at hello@fellowed.com.au if you suspect unauthorised access.
• Do not share accounts or create multiple accounts to circumvent limits or fees.

• We provide educational content, practice questions, analytics, and study tools. We do not provide medical, legal, financial, or professional advice and do not guarantee exam success or clinical competence.
• Some content is AI-generated and may be incomplete or inaccurate; you must independently verify information before relying on it. We may link to third-party resources; we do not endorse third-party sites.
• We are not affiliated with, endorsed by, or sponsored by any university, training program, exam provider, or medical college (including ACEM or others). References to colleges, syllabi, or exams are descriptive only.
• All third-party names, logos, and trademarks remain the property of their respective owners.

• Mock exams and practice items are Fellowed simulations, not official exam questions or scores.
• Exam structures evolve. We aim to keep materials aligned, but we cannot guarantee currency or perfect alignment. Always confirm requirements with official sources.
• Do not upload or share copyrighted or confidential exam materials from any provider.
• Use study outputs for learning only. Follow local policies, supervisors, and clinical guidelines in practice.

Our Privacy Policy (on fellowed.com.au) explains how we collect, use, and disclose personal information and how to access or correct it. By using the Services, you agree to the Privacy Policy and any consents provided in product. We will publish our Privacy Policy before collecting personal information via the Services and will handle personal information in line with that policy and applicable law.

• While your account is active, you can request a reasonable export of your study data in a common format.
• On closure, we will delete or de-identify personal information, subject to legal retention obligations and backups.
• We use reasonable technical and organisational safeguards. If a data breach likely to cause serious harm occurs, we will notify affected users and regulators as required by law.

• We collect usage analytics about how the Services are used (for example, question performance, features, and time on task).
• We may create aggregated, de-identified statistics and insights for analytics, benchmarking, research, publications, and commercial offerings, and may share these with partners or the public.
• We do not sell personal information and will not attempt to re-identify de-identified data.

Use the Services lawfully and respectfully. You must not:

• infringe intellectual property, privacy, or other rights;
• upload or share unlawful, misleading, defamatory, hateful, harassing, or obscene content;
• attempt unauthorised access or interfere with security or operation;
• circumvent usage limits, paywalls, or fees;
• cheat on assessments or violate exam rules, codes of conduct, or institutional policies.

Health and education specifics:

• Do not upload identifiable patient information. The Services are not a clinical record system.
• Do not use the Services for diagnosis, treatment, or emergency decision-making.
• Do not upload, share, request, or traffic in confidential exam materials.

Safety and technical rules:

• No malware, disruption, or attempts to overload the Services.
• No spam, bulk messaging, or scraping and mining beyond exposed features.
• Do not frame, mirror, or use automated tools without our written consent.
• No harassment, doxxing, impersonation, or misrepresentation.
• Do not access the Services if you are subject to Australian sanctions, located in a sanctioned region, or otherwise prohibited by sanctions or export-control laws.

We may remove content, throttle features, or suspend or terminate access where we reasonably believe there is a breach or risk to others.

User Submissions are anything you upload or provide via the Services (for example, notes, comments, or files).

• To the maximum extent permitted by law, you assign to Fellowed all right, title, and interest, including present and future intellectual property rights, in your User Submissions immediately upon creation or upload.
• We will make your User Submissions available to you while your account is active.
• You consent to Fellowed (and our licensees) doing any acts that may otherwise infringe moral rights, including editing, formatting, hosting, backing up, and analysing submissions.
• This assignment does not alter how we handle personal information; the Privacy Policy still applies.
• Purely personal notes that contain no Fellowed content are excluded from this assignment.
• We may analyse anonymised or de-identified usage and submissions to improve the Services. You can request to opt out of model-improvement use by emailing hello@fellowed.com.au. Essential operational processing still applies.
• You warrant that you have the rights required for this assignment and that your submissions do not infringe law.
• Feedback, ideas, or suggestions you share may be used without restriction or obligation.

The Services and all content we provide (software, databases, questions, explanations, analytics, UI, UX, trademarks, and branding) are owned by or licensed to Fellowed. You must not copy, modify, create derivative works, distribute, sell, rent, reverse engineer, or remove notices except as permitted by law or these Terms.

• We may integrate third-party services (for example, payments, hosting, analytics, AI inference). Your use of those services may be subject to their terms; we are not responsible for their acts or omissions.
• We may remove content alleged to infringe rights or law. To request removal, email hello@fellowed.com.au with details and the location.
• If our Services are offered via app stores, their terms also apply. Where those terms conflict with these Terms, each set applies to its own subject matter.

Prices and plan features appear at checkout or in your account. Amounts are AUD and GST inclusive unless stated otherwise. Subscriptions do auto-renew. When your paid period ends, we will charge your chosen payment method for the next period at the then-current rates unless you cancel before the renewal date.

Trials or promotional credits (if offered) are subject to their terms and convert to paid only if you actively purchase a plan before the trial ends. You authorise us and our processors to charge your chosen payment method.

We provide refunds or remedies as required by the Australian Consumer Law; otherwise fees are non-refundable unless stated.

Invoiced customers (institutions and enterprise)

If we invoice you on payment terms, unpaid amounts may accrue interest at our Australian bank's published business overdraft rate, calculated daily and payable monthly. You must reimburse reasonable recovery costs. Card or direct-debit subscriptions are not affected.

Promotions are subject to any specific terms presented with them. Unless otherwise stated:

• Promotions are single-use, non-transferable, and not redeemable for cash.
• Promotions may be limited to certain plans, users, regions, or periods and may not be combined.
• If you cancel or downgrade, any unused promotional value may be forfeited.
• We may decline or revoke a Promotion if we suspect fraud, abuse, or error.

If Promotion terms conflict with these Terms, the specific Promotion terms apply.

We may add, change, or remove features. If we materially reduce core functionality in your current paid term, we will provide reasonable notice and, where appropriate, a pro-rata remedy consistent with the Australian Consumer Law. Beta or early-access features are provided "as is" and may change or be withdrawn.

We may suspend or terminate access, with notice where reasonable, if you materially breach these Terms or law, we cannot verify identity, your use poses security, legal, or reputational risk, or where required by law. We may request identity verification where we suspect password sharing, fraud, or misuse. If verification is not provided within a reasonable time, we may suspend access while investigating.

You may cancel anytime in your account. Except as required by law or where we state otherwise, fees are not refundable for partial periods. Sections intended to survive, including sections 6 through 9 and 11 through 18, continue after termination.

To the maximum extent permitted by law, and subject to the Australian Consumer Law, the Services are provided "as is" and "as available" without express, implied, or statutory warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted, error-free, or secure operation, or that content will meet expectations or exam requirements.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be excluded. If the Services fail to comply with a consumer guarantee, you are entitled to the remedies set out by law.

To the extent permitted by law, and subject to section 13, our total aggregate liability for all claims arising out of or in connection with the Services or these Terms is limited to the greater of AUD 500 or three times the fees you paid in the 12 months before the event giving rise to liability. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, goodwill, or business interruption, to the extent permitted by law. These limits do not apply to liability that cannot be limited by law.

We may update these Terms for changes in law, features, or operations. We will post updated Terms with a new effective date and, for material changes, provide at least 7 days' notice where feasible. If you do not agree, stop using the Services before they take effect; continued use is acceptance.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria (Melbourne). For notices or queries, contact hello@fellowed.com.au.

You indemnify us, and our officers, employees, and service providers, against losses and costs arising from:

• unlawful use of the Services by you;
• third-party claims that your User Submissions infringe rights or break the law; or
• your material breach of these Terms, except to the extent caused by our negligence or breach.

This indemnity is capped by section 14, except for court-ordered amounts you are directly liable to pay to a third party due to your submissions.

• Severability: If any part of these Terms is invalid or unenforceable, the remainder stays in effect.
• No waiver: A failure to enforce a right is not a waiver.
• Entire agreement: These Terms, plus referenced policies (including the Privacy Policy), are the entire agreement for the Services.
• Interpretation: Headings are for convenience only; "including" means "including, without limitation."
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including infrastructure outages, disasters, epidemics, strikes, or acts of government.