MONASH STUDY APP - TERMS OF USE

TERMS OF USE

IMPORTANT: PLEASE READ CAREFULLY. This is a legal agreement between you and Monash University (ABN 12 377 614 012) of Wellington Road, Clayton, Victoria, 3800, Australia regarding use of the Monash Study mobile application (the “Application”), (“Agreement”).

In this Agreement, “you” and “your” means any person who downloads or uses the Application. If you are under 18 years of age, or the age of majority in your jurisdiction, whichever is older:
(a) you must make sure that your parent or legal guardian reads and agrees to this Agreement, and

(b) references to “you” or “your” in this Agreement include your parent or legal guardian.

In this Agreement, the following definitions apply:

“Adversarial prompting” means any technique or input designed to manipulate, override, or circumvent the intended behaviour, safety mechanisms, or content boundaries of MoVA AI (beta), including but not limited to attempts to cause MoVA AI (beta) to produce responses that are harmful, misleading, or contrary to its intended purpose;

“Conversation data” means any data generated through your interactions with MoVA AI (beta), including your queries, the responses provided, and associated metadata;

“Jailbreaking” means any attempt to bypass or disable restrictions, guidelines, or safety features built into MoVA AI (beta) in order to elicit responses or behaviours that are outside its intended scope of operation;

“MoVA AI (beta)” means the AI-powered virtual assistant feature within the Application that uses large language models to generate responses grounded in approved University information sources. MoVA AI (beta) is an early release product and its features, availability, and functionality may change.

BY DOWNLOADING OR USING THE APPLICATION, YOU WILL BE ASSUMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU MUST NOT DOWNLOAD OR USE THE APPLICATION.

1. Your student account

To use the Application, you must have a current and valid Monash University account. You need to download the Application from the App Store on iOS or Google Play store on Android and proceed to log in with your Monash account to activate the Application and use its features. Your Monash University account credentials provide access to MoVA AI (beta) within the Application; no separate registration is required.

You warrant that the account details you provide to us through the Application are your own account details. You acknowledge that Monash University may take such steps as it is able to take to verify the information provided. If Monash University considers (in its sole discretion) that any of that information cannot be verified, Monash University reserves the right to terminate your access to the Application. You indemnify Monash University against any liability arising from its use of, or reliance on, the information supplied by you.

2. Licence

Subject to your compliance with the terms of this agreement, Monash University grants you a royalty free, non-exclusive, non-transferrable, limited licence to use the Application on a device that you own or control for your personal, non-commercial use.

You must not use the Application for any other purpose or do any of the following:

use the Application in a manner contrary to any documentation or instructions published by Monash University from time to time (including Monash University’s Information Technology Acceptable Use Procedure);
copy, distribute, sell, rent or modify the Application;
reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of the Application (except to the extent permitted by non-excludable applicable law), or tamper with the Application in a way that disables, circumvents, or otherwise defeats any protection mechanisms within the Application;
operate the Application for the benefit of, or sublicense the Application to, any other person, whether as an online service, outsourced service, comparison service or otherwise;
remove, alter or add to any trade mark or copyright notice or similar marking within the Application;
extract any data from any of the Application’s screens, tables or databases for use outside the Application, except to the extent expressly authorised by Monash University;
attempt to manipulate or circumvent the behaviour of MoVA AI (beta) including through adversarial prompting or jailbreaking techniques;
attempt to use MoVA AI (beta) to generate content that is in breach of the Student Code of Conduct, Artificial Intelligence Operations Policy, Artificial Intelligence Operations Procedure, or any other applicable University policy or procedure;
use MoVA AI (beta) for any purpose other than obtaining information about University services, administrative processes, and student support matters.

3. Content

THE INFORMATION AND MATERIAL DISPLAYED THROUGH THE APPLICATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. WHILE CARE HAS BEEN TAKEN IN CREATING THE APPLICATION, MONASH UNIVERSITY DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION OR MATERIAL DISPLAYED THROUGH THE APPLICATION IS ACCURATE, COMPLETE, UP TO DATE OR SUITABLE FOR ANY PURPOSE OR THAT ALL FEATURES OF THE APPLICATION WILL BE AVAILABLE IN ALL JURISDICTIONS.

Where content is generated by MoVA AI (beta), the additional terms set out in Section 4 apply.

4. AI virtual assistant – MoVA AI (beta)

MoVA AI (beta) uses approved University information sources, including selected Monash websites, to respond to your queries. MoVA AI (beta) is powered by large language models (LLMs) provided by Anthropic and hosted on the Monash instance Amazon Web Service (AWS) platform. The following terms apply to your use of MoVA AI (beta):

(a) Use of conversation data

Any data generated through your interactions with MoVA AI (beta), including your queries and the responses provided (“conversation data”), may be collected, stored, and used for:

the purposes of generating answers in MoVA;
improving the accuracy and safety of MoVA;
improving the student experience and enquiry resolution;
training and improving MoVA AI (beta) and successor products;
internal University reporting and analytics relating to student enquiry patterns and service improvements;

Information and data you provide, or that is retrieved from your student record in connection with your use of MoVA AI (beta), is not disclosed to, or used by, third parties for AI model training purposes.

(b) Student record data

To provide responses relevant to your circumstances, MoVA AI (beta) may retrieve information from your student record held in Monash University’s student management system. This may include information such as your enrolment status, student type, campus, and course and unit enrolment. This information is used solely within the University’s controlled processing environment to personalise responses and is not disclosed to any third parties, transmitted to the third-party LLM provider, or used for any other purpose.

(c) Processing within Monash’s own infrastructure

Student record data retrieved to personalise your MoVA AI (beta) experience is processed within Monash University’s own infrastructure on AWS. No personally identifiable information from your student record is included in prompts sent to the third-party LLM provider. The third-party LLM provider is not provided with any student record data that could uniquely identify you.

(d) No third-party training

(e) Your responsibilities

You agree that the University will handle all personal information processed through the Application in accordance with the Student Data Protection and Privacy Collection Statement for students in Australia, and for students in Malaysia, the Personal Data Protection Notice. Where you provide the personal information of others to the University (for example, emergency contact details), you warrant that you have obtained the consent of those individuals.

(f) Accuracy of AI responses

Although MoVA AI (beta) uses only approved University information sources, AI-generated responses may be inaccurate, incomplete, or unsuitable for your specific circumstances. Before making important decisions (for example, relating to enrolments, fees, or deadlines), you should always verify the information provided by MoVA AI (beta) against official University sources.

(g) Liability

MoVA AI (beta) does not speak on behalf of Monash University. The views, opinions, and information presented through MoVA AI (beta) do not constitute an official position of the University. Monash University accepts no liability for any views, opinions or content presented through the virtual assistant.

(h) Beta status and future development

MoVA AI (beta) is an early release product. Monash University reserves the right to modify, restrict, expand, or discontinue any feature or functionality of MoVA AI (beta) at any time during the beta period without notice to you. MoVA AI (beta) operates alongside the existing MoVA messaging services within the Application. These services may be consolidated into a single integrated experience in future releases, at which time updated terms may apply.

(i) Availability and scope

MoVA AI (beta) is currently available to Australian-based students only. The information sources available to MoVA AI (beta) are limited to selected Monash University websites and approved information sources. Monash University may expand the scope of available information sources, features, and eligible user cohorts in subsequent releases.

(j) Request to remove conversation data

If you’d like your conversation history removed from our records, contact the eSolutions Service Desk.

5. Your privacy

Monash University values the privacy of every individual’s personal information (PI) and is committed to the protection of that information from unauthorised use and disclosure except where permitted by law.

You agree that the University will handle all personal information processed through the Application in accordance with the Student Data Protection and Privacy Collection Statement for students in Australia and for students in Malaysia, the Personal Data Protection Notice. The use of student data for the purpose of personalising MoVA AI (beta) responses is covered by these policies.

For information about the handling of your PI, please see the Student Data Protection and Privacy Collection Statement, the Employee Data Protection and Privacy Collection Statement, or the Alumni, Friends and Supporters Data Protection and Privacy Collection Statement (as applicable).

For more information about Data Protection and Privacy at Monash University, see our Data Protection and Privacy Procedure. Where you provide the personal information of others to the University (e.g. emergency contact details), you warrant that you have obtained the consent of those individuals. If you have any questions about how Monash University is collecting and handling your PI, contact the DPPO at dataprotectionofficer@monash.edu.

6. Security

You must keep your student account details, including your username, password or any other codes or other information that you use to log into Monash University’s computer systems as part of your use of the Application (“Login Details”) secure and confidential. If you believe that your Login Details have been compromised, you must notify Monash University in writing immediately through the eSolutions Service Desk, or change them using the account management functions Monash University makes available to you for that purpose. Monash University is entitled to assume that any person gaining access to the Application or Monash University’s computer systems using your Login Details is you, and you will be responsible for what that person does while using your Login Details, unless you have given Monash University reasonable prior notice that your Login Details have been compromised and new details have not yet been allocated to or selected by you. You must make sure that your computer systems are protected by up to date anti-virus software and take all reasonable steps to prevent any malicious software (such as “viruses”, “worms”, “cancelbots”, “trojan horses”, “phishers”, “bombs”, “trapdoors”, “spyware” or other software, data or routines designed to disrupt or provide unauthorised access to systems or data) from being uploaded to Monash University’s systems.

7. Limits on service

This agreement does not require Monash University to implement or install the Application for you or to provide any maintenance or other services in respect of the Application. Monash University reserves the right at any time to change, remove or discontinue any feature or function of the Application, or all or any part of the Application, either temporarily or permanently, with or without notice to you.

From time to time, Monash University may issue updates which add, modify or remove features from the Application. These updates may be applied automatically with or without notice to you. The terms of this agreement will govern any updates provided by Monash University, unless the update is accompanied by separate terms and conditions, in which case those terms and conditions will apply.

8. Responsibility for telecommunications

You acknowledge that, to operate fully, the Application requires an active connection to the internet or a mobile telecommunications network, which will cause the device through which you gain access to the Application to transmit and receive data.

You agree that:

while Monash will make the Eduroam service available to you on campus, Monash University is not responsible for providing you with any telecommunications service or wifi network, and the relevant telecommunications service provider or wifi network operator is responsible for any issues associated with that service; and
you must comply with the terms of any agreement with the relevant telecommunications provider or wifi network operator when using the Application, and you are responsible for all data and other charges payable to any telecommunications service provider in connection with the use of the Application.

9. Intellectual Property

The names, icons, words, titles, phrases, logos, trade marks or service marks, graphics or designs and other content (together, the “Intellectual Property”) displayed on or through the Application are Monash University’s property or the property of other parties and may be registered or unregistered trade marks and protected by intellectual property laws. Nothing contained in this agreement or the Application should be taken as a right to use any Intellectual Property without Monash University’s written permission or the permission of the relevant third party. Monash University reserves the right to enforce its intellectual property rights through civil proceedings.

10. Third-party websites and third-party terms of use

The Application may cause the device through which you gain access to the Application to display URLs or links to websites not controlled by Monash University. Those URLs or links are provided for convenience only and may not be current. Providing a URL or link should not be construed as an endorsement or approval of the third-party website by Monash University, and Monash University is not responsible for the content of third-party websites. You should review the applicable third-party’s terms and policies, including privacy and data collection practices of any website to which they navigate.

The Application may also link to certain services that are provided by third parties in accordance with their own terms of use (e.g. payment services are provided by Braintree). You will be presented with these terms of use at the point where you may choose to engage with those services. The Application also integrates the LivePerson Mobile Messaging SDK, which provides in-app messaging functionality for the MoVA messaging service. By using this feature, you agree to LivePerson’s terms, including their privacy and data handling practices. MoVA AI (beta) is a separate feature from the MoVA messaging service; both are governed by these terms of use.

MoVA AI (beta) uses third-party AI providers engaged by Monash University, including Anthropic as the large language model provider and AWS as the hosting platform. By using MoVA AI (beta), you acknowledge that the information you input may be transmitted to and processed by those providers in accordance with their terms and privacy policies. Student record data used to personalise responses is processed within Monash University’s AWS environment in Australia and is not transmitted to the LLM provider.

11. Disclaimers and liability of Monash University

TO THE EXTENT PERMITTED BY LAW, MONASH UNIVERSITY DOES NOT WARRANT NOR REPRESENT THAT USE OR POSSESSION OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE APPLICATION WILL BE COMPATIBLE OR INTEGRATE WITH YOUR COMPUTER SYSTEMS. ALL WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED INTO THIS AGREEMENT ARE EXCLUDED AS FAR AS PERMITTED BY LAW. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION, IMPLIED OR IMPOSED BY ANY LAWS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONASH UNIVERSITY’S LIABILITY FOR ANY FAILURE TO COMPLY WITH ANY SUCH RIGHT OR REMEDY, GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION IS LIMITED (AT MONASH UNIVERSITY’S OPTION, AND AS DETERMINED BY IT) TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

EXCEPT AS SPECIFIED IN THIS CLAUSE, TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL MONASH UNIVERSITY BE LIABLE TO YOU OR ANY PERSON FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHERWISE) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE OF THE APPLICATION, REGARDLESS OF HOW THEY ARISE (WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ON ANY OTHER BASIS).

12. Termination

If you fail to comply with any term of this agreement, Monash University may terminate this agreement and your right to use the Application, by notice to you. Termination of this agreement will not affect any rights or liabilities you or Monash University have accrued up to that time. On termination of this agreement, you must stop using, uninstall, and destroy all copies of the Application in your possession or control.

13. Changes to Terms of Use

Monash University may amend this agreement by displaying an amended version of the Terms of Use within or when opening the Application, and you may be required to accept the amended version of the Terms of Use before you continue using the Application. Subsequent or continuing access to, or use of, the Application will constitute your acceptance of any amendments.

14. General

You may not assign, transfer or otherwise deal with the rights under this agreement without the prior written consent of Monash University. This agreement will be governed by and construed in accordance with the laws in force in the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State. If any term of this agreement is held unenforceable or illegal for any reason, the agreement will remain otherwise in full force apart from that provision.

15. Terms required by Apple

This section applies where the Application is suitable to be installed on Apple branded products (Licensed Application). In this section, “Apple” means Apple Inc., a California corporation with its principal place of business at One Apple Park Way, Cupertino, California 95014, USA, and “App Store” means an electronic store and its storefronts branded, owned and/or controlled by Apple or an affiliate of Apple through which licensed applications may be acquired.

Acknowledgement: This agreement is concluded between you and Monash University, and not with Apple, and Apple is not responsible for the Licensed Application or the content thereof.
Scope of licence: The licence granted to you for the Licensed Application is limited to a non-transferable licence to use the Licensed Application on any Apple branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing or Legacy Contacts.
Maintenance and support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty: In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
Project claims: Apple is not responsible for addressing any claims you have relating to the Licensed Application or your possession and/or use of the Licensed Application, including product liability claims, any claim that the Licensed Application fails to confirm to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
Intellectual property rights: Apple will have no responsibility for the investigation, defence, settlement and discharge of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights.
Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party terms of agreement: You must comply with applicable third-party terms of agreement when using the Licensed Application.
Third-party beneficiary: Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement and, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.

16 Terms required by Google Play

This section applies where the Application is downloaded from Google Play (Licensed Application). In this section, “Google” means Google LLC, a Delaware limited liability company with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA, and “Google Play” means the electronic software distribution platform operated by Google through which the Licensed Application may be acquired.

Acknowledgement: This agreement is concluded between you and Monash University, and not with Google. Monash University, and not Google, is solely responsible for the Licensed Application and the content thereof. Google is not obligated to provide any maintenance, support, or update services with respect to the Licensed Application.
Scope of licence: The licence granted to you for the Licensed Application is limited to a non-exclusive, worldwide, royalty-free, non-transferable, non-sublicensable licence to use the Licensed Application on any Android-powered device that you own or control, subject to the Google Play Terms of Service. You may reinstall the Licensed Application on any compatible device without limitation, provided you remain logged in to your Google account and continue to comply with this agreement.
Developer program policies: The Licensed Application distributed through Google Play must comply with all applicable Google Play Developer Program Policies (available at https://play.google.com/about/developer-content-policy/) as amended by Google from time to time. Monash University is responsible for ensuring the Licensed Application complies with these policies.
User data and privacy: Monash University will handle all personal information collected through the Licensed Application in accordance with the privacy policies referenced in the “Your privacy” section of this agreement and in compliance with Google’s User Data policy. You acknowledge that Google may collect certain data in connection with your use of Google Play and the Licensed Application, and such collection is governed by Google's Privacy Policy (available at https://policies.google.com/privacy).
Account deletion: If you wish to delete your account and associated data collected through the Licensed Application, you may do so by contacting Monash University at https://feedback.mobile.monash/. Monash University will process your request in accordance with applicable privacy laws and the privacy policies referenced in this agreement.
Product claims: Google is not responsible for addressing any claims you may have relating to the Licensed Application or your possession and use of the Licensed Application, including but not limited to
- (a) product liability claims;
- (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- (c) claims arising under consumer protection, privacy, or similar legislation.
Intellectual property rights: Google will have no responsibility for the investigation, defence, settlement, or discharge of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights.
Export compliance: You represent and warrant that:
- (a) you are not located in a country that is subject to a United Nations, United States, European Union, or Australian Government embargo, or that has been designated by any such authority as a “terrorist supporting” country;
- (b) you are not listed on any government list of prohibited or restricted parties, including the United Nations Security Council Consolidated List, the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department’s Denied Persons List, or the Australian Department of Foreign Affairs and Trade’s Consolidated List; and
- (c) you will not use the Licensed Application in violation of any applicable export or import laws of any jurisdiction.
Third-party terms of agreement: You must comply with all applicable third-party terms of agreement when using the Licensed Application, including the Google Play Terms of Service (available at https://play.google.com/intl/en_au/about/play-terms/index.html) and any terms applicable to third-party services accessed through the Licensed Application.
Disclaimer of warranties: To the maximum extent permitted by applicable law, Google expressly disclaims all warranties and conditions with respect to the Licensed Application, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Google does not warrant that the operation of the Licensed Application will be uninterrupted or error-free.
Limitation of liability: To the maximum extent permitted by applicable law, Google shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to, use of, or inability to access or use the Licensed Application.

Questions, complaints or feedback about the Application should be directed to Monash University at:

Contact: https://www.monash.edu/esolutions/contact

Telephone:

+61 3 9903 2777 (Australia)
+60 3 551 46200 (Malaysia)

(Version number: 0.0.3)

Monash Study App