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Terms of Service

Last updated: 4/19/2026

1. Introduction

These Terms of Service ("Terms") govern your use of the Derive website at derivenotes.com and related services ("Service") operated by Derive Notes Pty Ltd ("Derive", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use the Service.

2. Service Description

Derive is a study and note-taking application designed for university students. The Service is currently in a pre-launch phase, and access is managed through a waitlist. Features and functionality may change as we develop the product.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

3. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent that you meet this age requirement. If you are under 18, you confirm that you have the consent of a parent or legal guardian.

4. Accounts

To access certain features of the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account.

5. Founding Member Subscription

During the pre-launch waitlist period, we offer a Founding Member subscription at a rate of $5 USD per month. By subscribing as a Founding Member, you agree to the following:

  • Initial Payment: Your first payment of $5 USD is charged upfront at the time of subscription. This covers your first month of access - it is not a deposit or separate fee.
  • Paused Billing: After your initial payment, your subscription billing is paused until the product officially launches. You will not be charged again until the launch date.
  • Recurring Billing: Once the product launches, your subscription will resume and you will be billed $5 USD per month on a recurring basis.
  • Founding Member Rate: The $5 USD per month rate is a special price available only to users who subscribe during the waitlist period. This rate is locked in for as long as you maintain an active subscription. If you cancel, the founding member rate may no longer be available if you choose to re-subscribe later.

All payments are processed securely through Stripe. By providing your payment information, you authorise us to charge the applicable subscription fees to your chosen payment method.

6. Cancellation

You may cancel your subscription at any time. Upon cancellation:

  • You will retain access to the Service until the end of your current billing period.
  • No further charges will be made to your payment method after cancellation takes effect.
  • The founding member rate of $5 USD per month is only guaranteed while you maintain an active subscription from the waitlist period. If you cancel and later wish to re-subscribe, the then-current pricing will apply.

For details on refunds, please see our Refund Policy.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Service in any way that violates any applicable local, state, national, or international law or regulation.
  • Use the Service to transmit or distribute any harmful, offensive, or illegal content.
  • Attempt to gain unauthorised access to any part of the Service, other users' accounts, or any systems or networks connected to the Service.
  • Use automated tools, bots, or scripts to access or interact with the Service without our prior written consent.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Use the Service to infringe upon the intellectual property or other rights of any third party.
  • Reverse engineer, decompile, or disassemble any part of the Service.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you have violated these Terms.

8. Intellectual Property

Your Content

You retain full ownership of any notes, documents, and other content you create using the Service ("Your Content"). We do not claim any ownership rights over Your Content. By using the Service, you grant us a limited licence to store, process, and display Your Content solely for the purpose of providing the Service to you.

Our Intellectual Property

The Service, including its design, code, features, branding, and all related intellectual property, is owned by Derive Notes Pty Ltd and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. As the Service is in a pre-launch phase, features and availability are subject to change.

Nothing in these Terms is intended to exclude or limit any consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any equivalent US consumer protection laws that cannot be excluded by agreement.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Derive Notes Pty Ltd, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

Where liability cannot be fully excluded under applicable law (including the Australian Consumer Law), our total aggregate liability to you for all claims arising out of or relating to the Service is limited to the total amount you have paid us in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Derive Notes Pty Ltd, its directors, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

For users in the United States, these Terms are intended to comply with applicable US consumer protection standards. Nothing in these Terms limits any rights you may have under mandatory US federal or state consumer protection laws.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us at: