FreshVibe terms and conditions

About these terms

FreshVibe is a platform operated by Freshwater Futures Pty Ltd (ACN 674 518 784) (“we”, “us”, or “our”) for hackathons, workshops, and discovery sessions. It has two parts:

• Shaping ideas, at vibe.freshhub.ai
• Building prototypes, at build.freshhub.ai

These terms govern your use of both as a participant. By ticking the consent box during onboarding, or by using either part, you agree to them. If you do not agree, do not use FreshVibe.

They sit alongside our general Terms of Service. Where the two differ on something specific to FreshVibe, these terms apply. If your organisation has a separate written agreement with us covering an event or a private-cloud deployment, that agreement prevails over these terms to the extent of any inconsistency.

Early access

FreshVibe is still in early access, meaning it is running with the people it is being built for while we finish building it. Taking part involves full capture of how you use it, including session recordings and your prompts to the AI, so we can support you through the programme and improve the product. That capture is a condition of taking part rather than a choice you make, there is currently no way to use FreshVibe with it switched off, and we intend to make it optional as the product matures. We do not share that material outside Freshwater Futures, other than with the service providers that run the platform for us, and we do not use it for marketing. Doing either more widely would need the organisation hosting your event to agree. How much we capture is tied to what we still need for that work, and it narrows as that need falls away. What is captured is set out in the FreshVibe Privacy Policy. Where your organisation has a written agreement with us, that agreement prevails.

Who can use FreshVibe

FreshVibe is for invited participants at an event or session we run. You may use it if you are at least 18 years old and have been given access through your organisation or by us.

Your account is yours alone. Keep your sign-in credentials secure and do not let anyone else use your account. Tell us promptly if you think someone else has accessed it.

Your organisation's role

If you are taking part through your employer or another organisation, that organisation controls its own workspace. Its administrators can see participant email addresses, the activity log, and everything published in the workspace, and they can change settings, moderate content, and remove access. Your organisation's own policies on acceptable use, confidentiality, and intellectual property apply to you in addition to these terms.

What you may and may not put in

You agree not to enter into FreshVibe, or into a workspace you run through it:

• Confidential information you are not authorised to share, whether it belongs to your organisation, a client, or a third party
• Real customer or production data, in any prototype or preview
• Personal information about other people, beyond what the app asks for
• Sensitive information, including health, financial, biometric, or government identifier details
• Live credentials, API keys, or secrets belonging to production systems
• Anything unlawful, defamatory, harassing, discriminatory, or obscene
• Content or code that infringes someone else's intellectual property or other rights
• Malicious code, or anything intended to disrupt or gain unauthorised access to any system

Remember that what you type into the assistant, and the files a coding agent reads, are sent to a third-party AI provider for processing. Treat them accordingly. You must not use FreshVibe to scrape, reverse engineer, resell, or build a competing product, or to test the security of our systems without our written permission.

Your ideas stay yours

As between you and us, you keep ownership of the ideas, drafts, briefs, and comments you create in FreshVibe, and of the code and other material you build in a workspace. We claim no ownership of any of it. Other than the aggregated and de-identified usage information described below, we do not use your ideas, briefs, or code to develop our own products or another client's.

You grant us a non-exclusive, royalty-free licence to host, store, copy, display, and process your content for the purpose of operating FreshVibe, running your event, and providing support. We may also use aggregated and de-identified information about how the platform is used to improve our products.

You also grant the organisation hosting your workspace, and the other participants in it, the right to view, discuss, build on, and take forward the ideas you publish there and the prototypes your team builds. That is the point of the exercise, so publish accordingly.

If you take part as an employee or contractor, your employment or engagement terms may give your organisation ownership of ideas and code you develop in the course of your work, including in FreshVibe. That is a matter between you and your organisation, and nothing here changes it.

Starter projects and our platform

The starter projects we provide, and FreshVibe itself, remain ours. We licence the starter projects to you for use in your event and in what you build from them, and that licence continues after the event so you can keep running what you made. The platform itself, including the software, interface, prompts, branding, and documentation, is owned by Freshwater Futures Pty Ltd and protected by intellectual property laws. Nothing in these terms transfers it to you.

AI-generated content and code

FreshVibe uses AI models to help you shape ideas and write code. AI output can be wrong, incomplete, insecure, biased, or fabricated, even when it reads confidently. It is a drafting aid, not advice.

Review anything the assistant or the coding agent produces before you rely on it, publish it, or run it. You are responsible for what you submit and deploy under your name. We do not warrant that AI output is accurate, original, secure, or fit for any particular purpose, and outputs generated for different people may be similar or identical.

Generated code may resemble or reproduce existing code, and may pull in open-source dependencies with their own licences. Before you take a prototype further, check the licences of what it depends on and satisfy yourself about its provenance. We give no warranty that AI-generated code is free of third-party rights.

Coding agents and third-party accounts

To build, you connect a coding agent using your own or your organisation's account with that provider. Your use of that agent is governed by that provider's terms, and you are responsible for complying with them and for any charges or usage limits on your account. We are not a party to that relationship, and we are not responsible for a provider changing, suspending, or withdrawing its service.

Workspaces and previews

Cloud workspaces are temporary. The running workspace is shut down after your event, its contents are archived as described in the FreshVibe Privacy Policy, and that archive is removed when your organisation's engagement with us ends. Export or push anything you want to keep before then. We are not a backup service for your prototypes.

Preview links serve your running prototype at a public web address. Anyone with the link can open it, and it is not protected by your sign-in. You are responsible for what you expose through one.

Workspaces are for building prototypes during your programme. Do not use them to run production workloads, host services for third parties, mine cryptocurrency, send bulk email, or generate load against systems you do not own. We may apply resource limits and shut down a workspace that breaches this.

Availability

FreshVibe is event software. We provide it on an “as is” and “as available” basis, with no uptime commitment. We may change, suspend, or withdraw features at any time, and we may need to take it offline for maintenance.

Privacy

Our handling of your personal information is set out in the FreshVibe Privacy Policy. Please read it, because it explains what other participants and your organisation's administrators can see, where your data is stored, and which AI providers process your content.

Suspension and removal

We may suspend or remove your access, shut down a workspace, or remove content, if you breach these terms, if we are asked to by the organisation hosting your workspace, or if we reasonably believe it is necessary to protect participants or the service. Where practical we will tell you why.

Liability

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Subject to that, and to the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, data, or opportunity, arising from your use of FreshVibe. This includes loss arising from AI output or generated code you relied on, from content another participant contributed, from something you exposed through a preview link, or from a workspace being unavailable or deleted.

Where our liability can be limited but not excluded, it is limited, at our option, to resupplying the service or paying the cost of having it resupplied. FreshVibe is provided to participants at no charge. Where resupply is not available or is not an adequate remedy, our total liability to you for all claims connected with FreshVibe is limited to A$100.

If you breach the restrictions in What you may and may not put in and a third party brings a claim against us because of it, you agree to reimburse us for the reasonable costs and losses we incur in dealing with that claim, to the extent it was caused by your breach. This does not apply to the extent the claim arises from something we did, and it does not limit any right or remedy you have under the Australian Consumer Law.

General

What survives. If your access ends, whether because the event finished, you asked us to close your account, or we removed it, the following continue to apply: the ownership and licence positions under Your ideas stay yours and Starter projects and our platform, the reimbursement obligation and the limits under Liability, and this section and Governing law.

If part of these terms cannot apply. If a court or regulator finds any part of these terms unenforceable, that part is read down as far as needed to make it enforceable, or severed if it cannot be, and the rest continues in force.

The whole agreement. These terms, the FreshVibe Privacy Policy, and our general Terms of Service are the whole of what is agreed between you and us about FreshVibe, and they replace anything said beforehand about it. This does not exclude liability for anything we have told you fraudulently, and it does not affect a written agreement between us and your organisation.

Transfer. You may not transfer your rights under these terms or let anyone else use your account. We may transfer ours to a related company, or to someone acquiring our business, provided your rights under these terms are not reduced.

How we contact each other. We will send notices to the email address on your account or show them in the app. Send notices to us at legal@freshwaterfutures.com. A notice takes effect when it is sent, unless it bounces. Keep your email address current, because we rely on it.

Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

Changes to these terms

We may update these terms, and we will change the “Last updated” date above when we do. Where a change is material, we will tell participants in the app before it takes effect, and we will do the same during an active event. Continuing to use FreshVibe after a material change has been notified means you accept it. If you do not accept a change, stop using FreshVibe and tell us, and we will close your account.

Contact us

Freshwater Futures Pty Ltd
ACN 674 518 784, ABN 75 674 518 784
legal@freshwaterfutures.com