Terms of Service

About these terms

These Terms of Service ("Terms") govern your access to and use of the websites, products and applications provided by First Aboard Pty Ltd (ACN 699 291 122, ABN 23 699 291 122) ("FirstAboard", "we", "us", "our"), including the broker client-onboarding platform and the FirstAboard PDF desktop app (together, the "Services").

By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. If you use the Services on behalf of a business, you confirm you are authorised to bind that business to these Terms.

Definitions

• "Broker" means a customer who uses the onboarding platform to collect information from their own clients.
• "Client" means an individual a Broker invites to complete an onboarding flow.
• "Your Data" means the information and documents you or your Clients put into the Services.
• "ACL" means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

The Services

FirstAboard provides software. We provide a client-onboarding platform for mortgage and finance brokers, and the FirstAboard PDF desktop app. Features and availability may change over time as we improve the Services.

We are not a mortgage broker, credit provider, credit assistance provider, or financial, legal or tax adviser, and we do not provide any such advice. A Broker is solely responsible for the advice and services they provide to their Clients, and for their own legal and licensing obligations.

Who can use FirstAboard

• You must be at least 18 and able to enter a binding contract.
• Broker accounts are currently invite-only.
• Brokers must hold any licences or authorisations required by law for their business, and are responsible for their own compliance with the laws that apply to them, including credit and privacy laws.

Accounts and security

You are responsible for keeping your login and authentication details secure, and for all activity that occurs under your account. Tell us promptly if you believe your account has been compromised. You must give us accurate account information and keep it up to date.

Subscriptions, billing and payment

Some Services are paid. FirstAboard PDF is AUD $4.99 per month (including GST). Broker platform pricing is as shown at sign-up or on our pricing page. All prices are in Australian dollars.

Paid plans are billed in advance through our payment provider, Stripe, and renew automatically each billing period until cancelled. We may change prices, and will give you reasonable notice of a change before it applies to you.

You authorise us and Stripe to charge your payment method for the fees and applicable taxes for each billing period.

Free trials

Where a free trial is offered, it converts into a paid subscription at the end of the trial period unless you cancel before it ends. We will tell you the trial length at sign-up. You can cancel during the trial to avoid being charged.

Cancellation and refunds

You can cancel at any time. Cancelling stops future billing and takes effect at the end of your current billing period. Except where required by law (including under the ACL), payments already made are not refunded for the remainder of a period.

Your Australian Consumer Law rights

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the ACL or other law that cannot lawfully be excluded.

Where the ACL allows us to limit our liability for a failure to meet a consumer guarantee (and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.

Your data and your Clients’ data

You retain ownership of Your Data. You grant us a limited, non-exclusive licence to host, store and process Your Data solely to provide, secure and support the Services for you, and as described in our Privacy Policy.

Where you collect your Clients’ information through the Services, you do so as the party responsible for that information, and we handle it on your behalf. You confirm that you have the necessary consent and authority to collect and upload your Clients’ personal information (including identity and financial documents), and that you maintain your own compliant privacy practices. We will keep Your Data secure, use it only to provide the Services, and notify you promptly if we become aware of a data breach affecting Your Data.

Acceptable use

You agree not to:

• use the Services unlawfully, or to store or transmit unlawful, harmful or infringing material;
• upload data you do not have the right or consent to upload;
• attempt to breach or test the security of the Services, access other users’ data, or interfere with or disrupt the Services;
• reverse-engineer, decompile, scrape, or copy the Services except as permitted by law;
• resell or provide the Services to third parties except as expressly permitted by us.

FirstAboard PDF licence

If you subscribe to FirstAboard PDF, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on the permitted number of devices while your subscription is active.

FirstAboard PDF runs locally on your device and processes your files on your own computer. You are responsible for keeping your own backups of your files. We are not responsible for any loss of files that occurs on your device.

Third-party services

The Services rely on third parties, including Stripe (payments), Supabase and Vercel (hosting and storage), Amazon Web Services (document processing), Resend (email), Twilio (SMS), and any open-banking or Consumer Data Right provider a Broker chooses to link (such as Frollo). Your use of those services may be subject to their own terms. We are not responsible for the acts, omissions or availability of third-party services.

Our intellectual property

The Services, including all software, design, text, and the FirstAboard name and logo, are owned by First Aboard Pty Ltd and protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services while these Terms apply. Nothing in these Terms transfers our intellectual property to you.

Service availability and changes

We work to keep the Services available, but we do not guarantee they will be uninterrupted or error-free. We may carry out maintenance, update or change features, or discontinue parts of the Services. We are not liable for downtime or issues outside our reasonable control. Any feature labelled beta or preview is provided without warranty.

Disclaimers

To the extent permitted by law, and subject to your rights under the ACL, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the Services will meet your requirements or be free of errors.

Limitation of liability

Nothing in this section limits your rights under the ACL or any other liability that cannot be excluded by law.

Subject to that, and to the maximum extent permitted by law:

• we are not liable for indirect, incidental, special or consequential loss, loss of profits, loss of business, or loss or corruption of data; and
• our total liability for all claims arising out of or in connection with the Services is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the claim.

We are not responsible for the advice, services or conduct of Brokers or their Clients, or for decisions made using the Services.

Indemnity

You agree to indemnify us against claims, losses and costs arising from your breach of these Terms, your unlawful use of the Services, your handling of your Clients’ data, or Your Data, except to the extent we caused the loss.

Confidentiality

Each party will protect the other’s confidential information and use it only as needed to exercise its rights or meet its obligations under these Terms, except where disclosure is required by law.

Suspension and termination

We may suspend or end your access to the Services if you breach these Terms, if required by law, or to protect the Services or other users. You can stop using the Services at any time.

On termination, your right to use the Services ends. On request and within a reasonable period, we will make Your Data available for export before deleting it in line with our retention practices and the Privacy Policy.

Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of third-party providers, network failures, natural events, or government action.

Changes to these terms

We may update these Terms. The current version is always available at firstaboard.com/terms, with the "last updated" date shown at the top. Significant changes will be shown on this page. Continued use of the Services after a change means you accept the updated Terms.

Notices

We may give you notices by email to the address on your account or by posting in the Services. You can contact us using the details below.

General

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision is found to be unenforceable, it is severed and the rest continues to apply. These Terms, together with our Privacy Policy, are the entire agreement between us about the Services. We may assign these Terms (for example, on a sale of our business); you may not assign them without our consent. A failure to enforce a provision is not a waiver of it.

Contact

Questions about these Terms? Contact First Aboard Pty Ltd (ABN 23 699 291 122) at support@firstaboard.com.