STUDYPASS STUDENT TERMS OF USE
Owner / Platform Provider: StudyPass (the "Platform Provider", "StudyPass", "we", "us", "our")
Application: StudyPass (the "App", "Platform")
Effective date: 15 May 2026
Version: 1.1.0
IMPORTANT – READ BEFORE YOU CONTINUE
StudyPass is a supervised education communication platform. It is not a private messaging service and is not an emergency service.
StudyPass restricts private messaging (DMs) and limits communications to supervised group chats, posts in a feed-style sharing feature, and Education Provider-uploaded resources to promote a safe education environment.
By selecting "I Agree" or by accessing or using the Platform, you enter a binding legal agreement with StudyPass on the terms below.
If you do not agree, do not use the Platform and contact your Education Provider.
1. DEFINITIONS
In these Terms:
- "Education Provider" means the school, college, university, RTO, training organisation, or any other entity that created your StudyPass account and administers your class groups and access to the Platform.
- "Administrator" means an Education Provider staff member with moderation or administrative access (including trainers and support staff).
- "Group" means a class group or other education group created by the Education Provider within the Platform.
- "Content" means any text, images, videos, files, links, resources, messages, posts, comments, reactions, or other materials made available through the Platform, including posts in the feed-style sharing feature.
- "Student Content" means Content you upload, post, transmit, or otherwise make available through the Platform.
- "Resources" means Content uploaded or made available by the Education Provider (for example: course guides, timetables, documents, tutorials).
- "Personal Information" has the meaning given under the Privacy Act 1988 (Cth).
- "You/your" means the student user who logs into or uses the Platform.
- "Supervised Environment" means the Platform's design features, including no private messaging, group-only communications, administrative oversight, and content moderation tools, intended to promote safety.
2. ACCEPTANCE (FIRST-LOGIN CONSENT)
2.1 You agree that:
- selecting "I Agree", logging in, or using the Platform constitutes your acceptance of these Terms and our Privacy Policy (as updated from time to time); and
- continued use of the Platform after changes are made constitutes acceptance of the updated Terms.
2.2 If you do not accept these Terms, you must not access or use the Platform.
2.3 We do not collect Personal Information or transmit data to third-party processors (including crash reporting services) prior to your acceptance of these Terms and our Privacy Policy at first login. Basic technical processes necessary to display the login and consent screen (such as network connectivity and app initialisation) may occur before acceptance, but no Personal Information or device identifiers are transmitted to third parties until you have tapped "I Agree."
3. ACCOUNT CREATED BY YOUR EDUCATION PROVIDER
3.1 Your StudyPass account is created and provisioned by your Education Provider using details it supplies to us (typically your first name, last name, and email address, or other details such as student ID, and any other details the Education Provider elects to provide).
3.2 You acknowledge and agree that:
- you did not self-register for the account;
- your Education Provider is responsible for the accuracy of details it inputs and for managing your enrolment and access; and
- your access to StudyPass is provided as part of your study/training environment.
3.3 Your Education Provider may change your Groups, suspend your access, or remove your account in accordance with its policies and its obligations. We may also suspend or terminate access under these Terms. We may also suspend or terminate access if required for platform security, compliance with law, or at the Education Provider's request.
4. PLATFORM ROLE (NO EDUCATION SERVICES; ASQA-ALIGNED ALLOCATION OF RESPONSIBILITY)
4.1 StudyPass provides the Platform as a technology service to enable supervised group communications, content sharing (including posts and resources), and education-related interactions.
4.2 You acknowledge and agree that StudyPass:
- does not provide training, teaching, assessment, awarding, or certification;
- does not control course content, academic outcomes, or Education Provider decisions;
- does not assume the Education Provider's duty of care obligations to students; and
- is not responsible for the conduct of students, trainers, or Education Provider staff.
4.3 The Education Provider remains responsible for:
- student management, learning environment oversight, and welfare processes;
- the creation and moderation of Groups and Resources; and
- meeting its compliance obligations (including under the Standards for Registered Training Organisations (RTOs) 2015 where applicable), including oversight of under-18 users and compliance with child protection obligations under Australian law (e.g., Online Safety Act 2021 (Cth)).
5. ELIGIBILITY, AGE, AND SAFEGUARDING (INCLUDING UNDER-18 USERS)
5.1 You must only use the Platform if you are a current student (or otherwise authorised user) of an Education Provider.
5.2 If you are under 18:
- you must use the Platform only in connection with study/training and in accordance with these Terms and your Education Provider's policies; and
- you acknowledge that additional safeguarding controls apply, including monitoring, administrative access, and reporting obligations under Australian privacy and online safety laws.
5.3 You represent and warrant that you have the capacity to accept these Terms, including, if under 18, parental/guardian consent where required by law, or (if required by law or your circumstances) you have obtained all necessary consents/permissions to use the Platform.
5.4 If you are under 18, your Education Provider is responsible for obtaining any necessary parental/guardian consents and ensuring compliance with child protection laws. You must notify your Education Provider of any safety concerns.
5.5 Where you are under 18, we apply additional data handling protections:
- we limit the collection of your Personal Information to what is reasonably necessary to provide the Platform in an education context;
- we do not use your Personal Information for behavioural profiling, targeted advertising, or any purpose unrelated to the delivery of the Platform;
- crash reporting and diagnostic data transmitted to third-party processors (including Sentry) is limited to technical identifiers and does not include content of messages or posts; and
- we will not retain your Personal Information beyond the periods specified in clause 15.3 solely for commercial purposes.
These protections apply in addition to the safeguarding obligations of your Education Provider under clause 5.4.
6. REAL IDENTITY, SECURITY, AND DEVICE RESPONSIBILITY
6.1 You must use your real identity. You must not impersonate any person or misrepresent your identity.
6.2 You must keep your login credentials secure and confidential. You are responsible for all activity conducted through your account unless caused by our breach.
6.3 You must promptly notify your Education Provider (and, where relevant, us) if you suspect unauthorised access to your account.
7. EDUCATION ENVIRONMENT; NO EXPECTATION OF PRIVACY
7.1 StudyPass is an education communication environment. You acknowledge and agree there is no expectation of privacy in your use of the Platform.
7.2 You acknowledge and agree that:
- Administrators may view, access, moderate, and manage Groups, posts, and messages;
- we and/or Administrators may review Content for safety, compliance, moderation, support, or operational purposes; and
- Content may be retained and used by the Education Provider as part of student management and disciplinary processes.
8. PLATFORM FEATURES AND COMMUNICATION RESTRICTIONS (NO DMs; NO OFF-PLATFORM MIGRATION)
8.1 The Platform is designed to restrict private contact. You agree:
- you will communicate only through authorised Groups, posts, and features made available by your Education Provider; and
- you will not attempt to bypass Platform restrictions.
8.2 You must not:
- use the Platform to seek, request, offer, or share private contact details (including phone numbers, personal emails, social media handles, messaging app usernames, or invitations/links to external private groups); or
- attempt to move communications off-Platform (including "add me on…", "message me on…", or sharing QR codes/links intended to facilitate private contact).
This clause is a material term and is strictly enforced.
9. ACCEPTABLE USE – STRICT PROHIBITIONS
You must not use the Platform to create, upload, post, share, send, request, store, or otherwise make available any Content or conduct that is, or could reasonably be considered, any of the following (including attempts, encouragement, or facilitation):
9.1 Bullying, harassment, and intimidation
- bullying, harassment, stalking, intimidation, humiliation, or targeted abuse;
- repeated unwanted contact or behaviour intended to exclude or harm;
- threats of harm to any person or property.
9.2 Sexual content and grooming behaviours (zero tolerance)
- sexual content, sexualised jokes, sexual comments, sexual harassment, or sexually suggestive communications;
- requesting, soliciting, or sharing intimate images;
- any conduct that could constitute grooming, exploitation, or predatory behaviour (including towards minors);
- any sexual interaction or pursuit through the Platform that is inconsistent with a supervised education environment;
- or any content that violates the Online Safety Act 2021 (Cth) or eSafety Commissioner guidelines.
9.3 Discrimination and hateful content
- racism, sexism, homophobia, transphobia, religious vilification, disability abuse, or hate speech;
- slurs or content that demeans a protected attribute.
9.4 Privacy violations and doxxing
- sharing another person's Personal Information without lawful authority and consent;
- sharing addresses, phone numbers, private images, or identifying details about students or staff;
- posting screenshots or recordings intended to shame or expose another person.
9.5 Illegal, dangerous, or harmful content
- content involving illegal activity;
- weapons promotion or instructions to harm;
- drug sales, solicitation, or promotion of illegal drug use;
- content that encourages or instructs self-harm or suicide.
9.6 Academic misconduct
- cheating, collusion, selling or buying assessment answers, impersonation in assessment, or facilitating academic dishonesty.
9.7 Technical misuse
- malware, phishing, spam, scraping, reverse engineering, attempts to access unauthorised accounts, or interference with Platform operation.
9.8 Commercial misuse
advertising, spamming, or promoting non-education-related products/services without Education Provider approval.
10. STUDENT CONTENT – OWNERSHIP, RESPONSIBILITY, AND LICENCE
10.1 You retain ownership of your Student Content as between you and us, subject to any rights your Education Provider may have under its policies (which may include claiming ownership of content created in connection with your studies) and applicable law.
10.2 You are solely responsible for your Student Content and the consequences of posting it.
10.3 You grant StudyPass a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, communicate, and otherwise use your Student Content to:
- operate and provide the Platform;
- enforce these Terms and maintain safety;
- comply with legal obligations; and
- provide administrative access and controls to the Education Provider, and to allow the Education Provider to access, use, and retain Student Content for educational, disciplinary, or compliance purposes.
10.4 You represent and warrant that:
- you have all rights and permissions needed to upload your Student Content; and
- your Student Content does not breach any law or third-party rights (including intellectual property, privacy, or confidentiality).
11. RESOURCES UPLOADED BY EDUCATION PROVIDERS
11.1 Resources are provided by the Education Provider. StudyPass does not warrant that Resources are accurate, complete, current, or suitable for your purposes.
11.2 You must use Resources in accordance with your Education Provider's directions and any applicable intellectual property restrictions.
12. MODERATION, ENFORCEMENT, AND REMOVAL (SOLE DISCRETION FOR SAFETY)
12.1 You acknowledge and agree that:
- Administrators may remove, hide, restrict, or manage Content and users within their Education Provider environment or in response to reports under the Online Safety Act; and
- StudyPass may remove Content, restrict features, or suspend/terminate accounts at our sole discretion where we consider it necessary or desirable for safety, compliance, operational integrity, or risk management.
12.2 We are not obliged to monitor all Content. The existence of moderation features does not create a duty for StudyPass to supervise students or guarantee that inappropriate behaviour will not occur.
13. REPORTING
13.1 If you see unsafe, illegal, or inappropriate behaviour or Content, you must report it using in-app reporting tools (where available) and/or notify your Education Provider promptly.
13.2 We and/or the Education Provider may investigate reports and take action without notice.
14. ESCALATION AND DISCLOSURE
14.1 You acknowledge and agree that StudyPass and/or the Education Provider may:
- preserve records relevant to safety incidents or investigations; and
- disclose relevant information (including Content and account data) to the Education Provider, guardians (via the Education Provider where appropriate), regulators, or law enforcement where reasonably necessary or required by law, including mandatory reporting to authorities for child safety issues under Australian law.
15. PRIVACY AND PERSONAL INFORMATION
15.1 We handle Personal Information in accordance with our Privacy Policy and applicable Australian privacy laws.
15.2 You acknowledge that:
- your Education Provider supplied your Personal Information to us to provision and administer your account and Groups;
- your Education Provider may access information about your use of the Platform, including your posts and messages, for student management, safety, or welfare; and
- we may collect technical and usage information to operate, secure, and improve the Platform. This includes device information, IP address, and (where applicable) phone area code. We may use IP address and area code to estimate your general geographic location (such as city or region) for the purpose of platform operation and compliance, even when you have not enabled any location features. No precise GPS location is collected without your explicit consent. You may contact us at [email protected] if you have questions about how location inference is applied to your account.
15.3 We retain your Personal Information and Content for the following periods:
- Account and profile data (name, email, student ID): retained for the duration of your account and deleted or anonymised within 30 days of account termination, except where retention is required by law.
- Messages and posts: retained for the duration of your enrolment with the Education Provider and for 12 months after account termination, or as required by applicable record-keeping laws, whichever is longer.
- Technical and usage logs (including crash reports, device information, and performance data): retained for a maximum of 12 months from collection.
- Safety and incident records: retained for as long as reasonably necessary to resolve the relevant matter or as required by law (including mandatory reporting obligations).
Upon account termination or a valid erasure request, we will delete or anonymise applicable data within 30 days, except where retention is required by law (e.g., for audit, safety, or legal proceedings) or where the Education Provider has a lawful basis to retain records relating to your enrolment. Where you request erasure, you may do so by contacting us at [email protected]. Where the data was supplied by the Education Provider, we may need to coordinate that request with the Education Provider; however, this does not constitute a blanket veto on your right to request deletion under applicable law.
15.4 We use the following third-party service providers who may receive or process your Personal Information as part of delivering the Platform:
- Linode (Akamai Cloud) — cloud hosting and data storage, servers located in Australia.
- Sentry - application monitoring and crash reporting. Sentry is operated by Functional Software, Inc. Sentry may receive device identifiers, usage data, technical diagnostics, and limited account identifiers to enable error reporting and platform stability. Data is processed via Sentry's EU infrastructure, located in Germany.
Where Personal Information is transferred to Sentry and processed via their EU infrastructure in Germany, we take reasonable steps to ensure that transfer complies with the Australian Privacy Principles, including by relying on Sentry's binding data processing agreements and standard contractual protections, and by limiting the data transmitted to what is reasonably necessary for crash reporting and platform monitoring purposes.
In the event of a merger, acquisition, or transfer of ownership of StudyPass, we will ensure that any successor entity agrees to be bound by obligations equivalent to these Terms and our Privacy Policy before your Personal Information is transferred, and we will notify you of any such transfer in accordance with clause 22.
16. INTELLECTUAL PROPERTY
16.1 The Platform, including its software, branding, design, and underlying technology, is owned by or licensed to StudyPass and is protected by intellectual property laws.
16.2 You must not copy, modify, reverse engineer, scrape, bypass security controls, or otherwise misuse the Platform except as expressly permitted by law.
17. SUSPENSION AND TERMINATION
17.1 We may suspend, restrict, or terminate your access immediately (without notice) if we reasonably believe you have breached these Terms, created a safety risk, or engaged in misconduct.
17.2 Your Education Provider may also suspend or remove your access at any time.
17.3 Upon termination, your right to access the Platform ends immediately. Content may be retained as required for compliance, safety, record-keeping, or legal purposes.
18. AVAILABILITY; NO EMERGENCY USE
18.1 We may modify, suspend, or discontinue any part of the Platform at any time.
18.2 We do not guarantee uninterrupted availability. Maintenance, outages, and technical issues may occur.
18.3 The Platform is not an emergency communications service. Do not use StudyPass to report emergencies. Use emergency services (000 in Australia) or your Education Provider's emergency procedures.
19. DISCLAIMERS
19.1 To the maximum extent permitted by law:
- the Platform is provided "as is" and "as available"; and
- we do not warrant that the Platform will meet your requirements or be error-free.
19.2 Resources, posts, and messages are created by users and/or the Education Provider. StudyPass does not endorse and is not responsible for user opinions or third-party content.
20. LIMITATION OF LIABILITY
20.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.
20.2 To the maximum extent permitted by law, StudyPass is not liable for any loss, damage, liability, cost, or expense arising from:
- interactions between students, trainers, and staff;
- Student Content or third-party content;
- Education Provider acts, omissions, decisions, or policies;
- academic outcomes or course progression; or
- unauthorised access not caused by our failure to take reasonable security measures.
20.3 To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Platform or these Terms is limited to AUD $100. This limitation does not apply to liability for death, personal injury, or fraud (or, if a court determines you are entitled to a higher amount under a non-excludable consumer guarantee, then to the minimum amount required by law).
21. INDEMNITY
You agree to indemnify StudyPass for any loss, damage, liability, cost, or expense (including reasonable legal costs) arising from or connected with:
- your breach of these Terms;
- your Student Content; or
- your unlawful, harmful, or negligent acts or omissions in connection with the Platform.
This indemnity is reduced to the extent the loss is caused by StudyPass's breach of these Terms or negligence.
22. CHANGES TO THESE TERMS
22.1 We may update these Terms to reflect changes in the Platform, safety requirements, or legal/regulatory obligations.
22.2 Updated Terms will be made available in-app. For non-material updates (such as typographical corrections, formatting changes, or clarifications that do not affect your rights or obligations), continued use of the Platform after the update constitutes acceptance.
22.3 For material changes - including changes that affect your privacy rights, data handling, liability, acceptable use obligations, or content licence - we will:
- notify you via in-app notice and email at least 7 days before the change takes effect; and
- require you to affirmatively acknowledge the updated Terms (by tapping "I Agree" or equivalent) before you can continue using the Platform.
22.4 We will not rely on continued use alone as acceptance of a material change. If we are required by law or to address an urgent safety or security matter to implement a change immediately, we will notify you as soon as reasonably practicable and provide an opportunity to review the updated Terms.
23. GOVERNING LAW
These Terms are governed by the laws of the Commonwealth of Australia.
To the extent permitted by law, you agree that courts located in Australia will have non-exclusive jurisdiction over disputes arising in connection with these Terms or the Platform.
24. CONTACT
StudyPass – Support Email: [email protected]
Address: Level 7, 5 Lawson Street, Southport, 4215
FIRST-LOGIN CONFIRMATION
By tapping "I Agree", in the app prior to login, you confirm that you:
- have read and agree to the StudyPass Student Terms of Use and Privacy Policy;
- understand StudyPass is a supervised education environment with no private messaging (DMs);
- understand communications are limited to group chats, a posting feed for sharing study-related content, and access to Education Provider resources;
- understand your Education Provider can access and moderate your activity; and
- will comply with the strict conduct and content rules above.