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Terms of Use Policy

Effective Date: 26/6/2026

These Terms govern the Analytics360 product and services. If you are merely browsing this website and are not an Analytics360 customer, only Sections 2 (Use of the Website), 5 (Intellectual Property), 9 (Privacy), 13 (Changes to these Terms) and 14 (Governing Law) apply to your use of this website.

 

1. Introduction

These Terms of Service (“Terms”) govern the use of the Analytics360 platform and related products and services supplied by 9X5 Consulting Pty Ltd (“9X5 Consulting”, “we”, “our” or “us”).

These Terms apply to all customers, users, authorised representatives and visitors who access or use the Analytics360 website, Analytics360 platform or any related services.

These Terms should be read together with:

  • the 9X5 Consulting General Terms & Conditions;
  • the applicable Customer Agreement, Proposal, Statement of Work or Subscription Agreement;
  • our Privacy Policy.

Where there is any inconsistency between these Terms and the General Terms & Conditions, these Terms prevail in relation to the Analytics360 platform.

 

2. Use of the Website

The content published on this website is provided for general information purposes only.

Subject to these Terms, you may view, download and print content from this website solely for your own internal business purposes.

You must not:

  • modify website content;
  • reproduce content for commercial purposes;
  • copy software or source code;
  • reverse engineer any part of the platform;
  • attempt to gain unauthorised access to any systems;
  • interfere with the operation or security of the platform.

 

3. Subscription Services

Analytics360 is provided as a subscription-based Software-as-a-Service (SaaS) platform by 9X5 Consulting. Access to the Analytics360 platform and related services is governed by the applicable Customer Agreement, Proposal, Statement of Work, Subscription Agreement, Purchase Order or other written agreement between the Customer and 9X5 Consulting.

Unless otherwise expressly agreed in writing:

  • subscriptions are granted to the Customer as a limited, non-exclusive, non-transferable and non-sublicensable right to access and use Analytics360 during the applicable subscription term;
  • subscriptions are provided solely for the Customer’s internal business and educational purposes;
  • the Customer must not permit unauthorised persons to access or use the Analytics360 platform;
  • subscription fees provide the Customer with the right to use the Analytics360 platform and do not transfer ownership of any software or intellectual property;
  • access to Analytics360 may be subject to user licensing, subscription tiers, storage limits, functionality, modules or other usage entitlements specified in the applicable Customer Agreement;
  • optional modules, integrations, consulting services, implementation services, training, support services and custom development may be subject to additional fees and separate commercial agreements.

9X5 Consulting may periodically release updates, enhancements, patches, security improvements and new functionality as part of the ongoing development of the Analytics360 platform. Unless otherwise agreed in writing, such updates form part of the Analytics360 Services and are governed by these Terms.

The Customer acknowledges that access to Analytics360 is conditional upon the Customer complying with these Terms, the applicable Customer Agreement and its payment obligations.

Where the Customer’s subscription expires or is terminated, the Customer’s right to access and use Analytics360 will cease, subject to any data retention or data export rights expressly set out in the applicable Customer Agreement or these Terms.

 

4. Customer Responsibilities

The Customer is responsible for the secure administration and use of Analytics360 by its authorised users. The Customer agrees to:

  • maintain appropriate administrative oversight of all user accounts and access permissions;
  • ensure that user accounts are only provided to authorised personnel and are promptly disabled or removed when access is no longer required;
  • maintain the confidentiality of usernames, passwords, authentication credentials and any other security information;
  • implement and maintain appropriate identity and access management controls, including Single Sign-On (SSO) where available;
  • enable and enforce Multi-Factor Authentication (MFA) for all administrative users and, where supported, for all users accessing the Analytics360 platform;
  • promptly notify 9X5 Consulting of any suspected or actual unauthorised access, security incident or compromise of user credentials;
  • ensure that all devices used to access Analytics360 are appropriately secured, maintained and protected against malware and unauthorised access;
  • comply with all reasonable security policies, procedures and technical requirements notified by 9X5 Consulting from time to time; and
  • use Analytics360 only in accordance with applicable laws and these Terms of Service.

The Customer acknowledges that 9X5 Consulting’s ability to maintain the security of the Analytics360 platform depends in part upon the Customer implementing appropriate security controls within its own environment. To the maximum extent permitted by law, 9X5 Consulting shall not be liable for any security incident, unauthorised access or loss arising from the Customer’s failure to maintain appropriate identity, authentication or access controls, including where Single Sign-On (SSO) or Multi-Factor Authentication (MFA) has not been implemented or enforced by the Customer.

 

5. Intellectual Property

All rights, title and interest in and to the Analytics360 platform, including all software, source code, object code, databases, data models, dashboards, reports, workflows, user interfaces, documentation, templates, methodologies, business processes, application programming interfaces (APIs), artificial intelligence capabilities, machine learning models, algorithms, designs, know-how, trade secrets, branding, trademarks and all associated intellectual property rights, whether registered or unregistered, remain the exclusive property of 9X5 Consulting or its licensors.

Nothing in these Terms of Service or any Customer Agreement transfers ownership of any intellectual property rights in Analytics360 to the Customer. The Customer is granted a limited, non-exclusive, non-transferable and revocable right to access and use Analytics360 solely for its internal business purposes during the applicable subscription term and in accordance with these Terms.

The Customer must not, and must not permit any third party to:

  • copy, reproduce, modify or create derivative works from Analytics360 except as expressly authorised in writing by 9X5 Consulting;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying architecture, algorithms, data models or methodologies used within Analytics360;
  • remove, alter or obscure any copyright, trademark or proprietary notices;
  • sell, sublicense, lease, assign, distribute or otherwise commercially exploit any part of Analytics360;
  • use Analytics360 or any part of its functionality to develop, train or assist in developing a competing product or service; or
  • access or use Analytics360 for any purpose other than that expressly permitted under these Terms.
  • The Customer retains ownership of all data, documents and other information uploaded into Analytics360 (“Customer Data”). The Customer grants 9X5 Consulting a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, back up and otherwise use Customer Data solely for the purpose of providing, maintaining, securing, supporting and improving the Analytics360 Services, and as otherwise authorised by the Customer or required by law.

Nothing in these Terms prevents 9X5 Consulting from developing, acquiring or using ideas, concepts, methodologies, know-how, techniques, skills or general knowledge gained during the provision of the Services, provided that no Customer Confidential Information or Customer Data is disclosed or used in breach of these Terms.

The Customer may provide suggestions, enhancement requests, recommendations, feature requests or other feedback relating to Analytics360 from time to time. The Customer acknowledges and agrees that all enhancements, upgrades, modifications, new features, integrations, workflows, reports, dashboards, artificial intelligence capabilities and other improvements to Analytics360, whether developed independently by 9X5 Consulting or arising from Customer feedback, feature requests or collaborative discussions, shall remain the exclusive intellectual property of 9X5 Consulting.

The Customer grants 9X5 Consulting a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, modify, commercialise and otherwise exploit any suggestions, enhancement requests or feedback provided by the Customer without restriction and without any obligation to provide compensation, attribution or ownership rights to the Customer.

For the avoidance of doubt, no payment made by the Customer for implementation services, configuration services, consulting services, custom development, feature development or professional services shall confer upon the Customer any ownership of the underlying Analytics360 platform or any enhancements, modifications, integrations, workflows, dashboards, reports or improvements incorporated into the platform unless expressly agreed in writing by 9X5 Consulting.

 

6. Customer Data

The Customer retains all rights, title and interest in and to all data, documents, records, files, content and other information uploaded to, stored within or otherwise processed through the Analytics360 platform (“Customer Data”).

The Customer grants 9X5 Consulting a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, reproduce, back up, access and otherwise use Customer Data solely for the purposes of:

providing the Analytics360 Services;

maintaining, supporting and securing the platform;

performing backups, disaster recovery and business continuity activities;

  • investigating and resolving technical issues;
  • implementing Customer-requested configuration, integration or support services;
  • complying with applicable laws, court orders or regulatory requirements; and
  • any other purpose expressly authorised by the Customer.

 

The Customer represents and warrants that:

  • it owns or has all necessary rights, permissions and legal authority to upload, store and process Customer Data within Analytics360;
  • its collection, use and disclosure of Customer Data complies with all applicable laws, regulations and privacy obligations; and
  • Customer Data does not infringe the intellectual property rights, privacy rights or other legal rights of any third party.

The Customer is solely responsible for the accuracy, completeness, quality and legality of all Customer Data entered into or imported into Analytics360.

Except as required by law or expressly authorised by the Customer, 9X5 Consulting will not disclose Customer Data to any third party other than trusted subcontractors, cloud service providers or technology partners engaged for the purpose of delivering, hosting, supporting or securing the Analytics360 Services, and only to the extent reasonably necessary to provide those Services.

9X5 Consulting may create and use aggregated, anonymised and de-identified data derived from Customer Data for the purposes of improving the Analytics360 platform, developing new products or services, benchmarking, analytics, research, reporting and service optimisation, provided that such information cannot reasonably be used to identify the Customer, its users or any individual.

Nothing in this clause transfers ownership of Customer Data to 9X5 Consulting.

 

7. Third-Party Platform Dependency

Analytics360 is delivered using and is dependent upon third-party software, cloud infrastructure, hosting services, communications services, APIs, identity providers and technology platforms, including but not limited to the Domo analytics platform (“Third-Party Platforms”).

The Customer acknowledges that 9X5 Consulting does not own, control or operate any Third-Party Platform and is not responsible for the availability, security, performance, functionality, ongoing operation or commercial decisions of any Third-Party Platform provider.

To the maximum extent permitted by law, 9X5 Consulting shall not be liable for any loss, damage, cost, expense, interruption, delay, corruption of data, loss of business, loss of revenue, loss of profits or any indirect or consequential loss arising directly or indirectly from:

(a) any outage, degradation, interruption or unavailability of a Third-Party Platform;

(b) the insolvency, administration, liquidation, receivership, acquisition or cessation of business of a Third-Party Platform provider;

(c) the withdrawal, discontinuation, suspension or material modification of any Third-Party Platform or any API, integration, feature or service upon which Analytics360 relies;

(d) any security incident, cyber event or technical failure affecting a Third-Party Platform;

(e) any act or omission of a Third-Party Platform provider; or

(f) any event beyond the reasonable control of 9X5 Consulting affecting the operation of a Third-Party Platform.

Where commercially practicable, 9X5 Consulting will use reasonable commercial efforts to restore the Services, implement an interim solution or migrate Analytics360 to a suitable replacement platform.

The Customer acknowledges that any such migration may require additional software licences, implementation services, development work, data conversion, testing or professional services, which may be subject to a separate commercial agreement.

Nothing in this clause excludes, restricts or modifies any rights that cannot lawfully be excluded under applicable law.

 

8. Service Availability

9X5 Consulting will use reasonable commercial efforts to make the Analytics360 platform available to Customers in accordance with industry good practice. However, the Customer acknowledges that Analytics360 is a cloud-based software service and that uninterrupted, continuous or error-free operation cannot be guaranteed.

The availability of Analytics360 may be affected by, without limitation:

  • planned maintenance or scheduled upgrades;
  • emergency maintenance required to protect the security, integrity or stability of the platform;
  • software updates, patches or enhancements;
  • failures or outages affecting Third-Party Platforms, cloud infrastructure, telecommunications providers, internet service providers or utility services;
  • cyber security incidents, including denial-of-service attacks, ransomware or other malicious activity;
  • failures within the Customer’s own network, internet connection, identity provider, authentication services or information technology environment;
  • events of Force Majeure; or
  • any other circumstances beyond the reasonable control of 9X5 Consulting.

Where reasonably practicable, 9X5 Consulting will provide advance notice of planned maintenance that is expected to materially affect the availability of the Analytics360 platform.

Where an unplanned interruption occurs, 9X5 Consulting will use reasonable commercial efforts to investigate the issue, restore the Services as soon as reasonably practicable and keep affected Customers appropriately informed of significant service disruptions.

Unless expressly agreed in a separate written Service Level Agreement (SLA), 9X5 Consulting does not warrant or guarantee any minimum level of service availability, uptime, response time or recovery time.

The Customer acknowledges that temporary interruptions to the Analytics360 platform do not constitute a breach of these Terms where such interruptions arise from circumstances contemplated by this clause.

The Customer is responsible for maintaining appropriate business continuity and contingency procedures to address temporary interruptions to the availability of Analytics360 and should not rely upon uninterrupted access to the platform for critical operational activities.

 

9. Privacy, Security and Data Protection

9X5 Consulting is committed to protecting the privacy, confidentiality and security of Customer Data and Personal Information processed through the Analytics360 platform.

9X5 Consulting will handle Personal Information in accordance with its Privacy Policy, the applicable Customer Agreement and all applicable Australian privacy legislation.

The Customer acknowledges and agrees that:

  • the Customer remains the owner and controller of all Customer Data uploaded into Analytics360;
  • 9X5 Consulting acts solely as the provider of the Analytics360 Services and processes Customer Data only for the purposes of providing, maintaining, securing, supporting and improving the Services, or as otherwise authorised by the Customer or required by law;
  • the Customer is responsible for ensuring that it has obtained all necessary consents, authorities and lawful bases for collecting, using, storing and disclosing Personal Information through Analytics360;
  • the Customer remains responsible for complying with all applicable privacy, education, records management and regulatory obligations relating to its use of Analytics360.

9X5 Consulting will implement and maintain reasonable administrative, physical and technical safeguards designed to protect Customer Data against unauthorised access, disclosure, alteration, loss or destruction.

The Customer acknowledges that information security is a shared responsibility. The Customer remains responsible for implementing and maintaining appropriate security measures within its own environment, including but not limited to:

  • appropriate identity and access management controls;
  • Single Sign-On (SSO) where available;
  • Multi-Factor Authentication (MFA);
  • endpoint protection;
  • network security;
  • user awareness training; and
  • appropriate management of user accounts and permissions.

Where 9X5 Consulting becomes aware of a confirmed security incident affecting the Analytics360 platform that is reasonably likely to impact Customer Data, 9X5 Consulting will notify affected Customers within a reasonable period after confirming the incident and will take reasonable commercial steps to investigate, contain and remediate the incident.

Nothing in these Terms shall prevent 9X5 Consulting from complying with any lawful request, court order or statutory obligation requiring the disclosure of information.

Except as expressly provided in these Terms or required by law, 9X5 Consulting does not warrant that the Analytics360 platform is immune from cyber attacks, unauthorised access or other security incidents, and the Customer acknowledges that no internet-connected system can be guaranteed to be completely secure.

 

10. Warranties and Disclaimers

9X5 Consulting warrants that the Analytics360 Services will be provided with due care, skill and diligence and in accordance with generally accepted industry practices.

Subject to the Australian Consumer Law and any other rights that cannot lawfully be excluded, 9X5 Consulting does not warrant or guarantee that:

the Analytics360 platform will operate uninterrupted, continuously or without error;

  • all defects, bugs or errors will be identified, corrected or resolved immediately;
  • the Analytics360 platform will be available at all times or will be free from temporary interruptions;
  • the Services will be compatible with every third-party system, application, browser, operating system or technology environment;
  • the Services will be free from interruptions, delays or degradation caused by Third-Party Platforms, cloud infrastructure providers, internet service providers, telecommunications providers or other external services;
  • the Services will meet every operational, educational, financial, governance, compliance or business requirement of the Customer without appropriate configuration, implementation and ongoing administration by the Customer;
  • the Services will be completely free from cyber security threats, malicious activity, unauthorised access attempts or vulnerabilities; or
  • all data, reports, dashboards, workflows, notifications, analytics or automated outputs generated by Analytics360 will always be complete, accurate or suitable for the Customer’s intended purpose without appropriate review and validation by the Customer.

The Customer acknowledges that Analytics360 is a software platform designed to provide educational institutions with advanced analytics, business intelligence, reporting, dashboards, data visualisation and decision-support capabilities. Analytics360 is intended to support, but not replace, the professional judgement and decision-making of the Customer and its authorised users.

The Customer remains solely responsible for:

  • the accuracy, completeness and quality of all data entered into or imported into Analytics360;
  • reviewing, validating and approving all reports, dashboards, analytics, workflows, notifications and other outputs generated by the platform;
  • ensuring that any decisions relating to educational programs, student support, governance, funding, financial management, compliance, staffing or operational matters are made by appropriately authorised personnel; and
  • complying with all applicable legislative, regulatory and accreditation requirements.

Where Analytics360 includes artificial intelligence (AI), machine learning or other automated capabilities, the Customer acknowledges that any recommendations, classifications, summaries, predictive analytics or other AI-generated outputs are provided solely as decision-support tools and do not constitute professional, educational, legal, financial or compliance advice. The Customer remains solely responsible for reviewing, validating and approving all AI-generated outputs before relying upon or implementing them.

Except as expressly provided in these Terms, and to the maximum extent permitted by law, all warranties, representations, guarantees and conditions, whether express, implied, statutory or otherwise, are excluded.

 

11. Limitation of Liability

To the maximum extent permitted by law, and subject to any rights or remedies that cannot lawfully be excluded or limited under the Australian Consumer Law or any other applicable legislation:

  • (a) 9X5 Consulting’s total aggregate liability arising out of or in connection with the Analytics360 Services, whether arising in contract, tort (including negligence), equity, statute or otherwise, shall not exceed the total subscription fees paid by the Customer to 9X5 Consulting for the Analytics360 Services during the twelve (12) months immediately preceding the event giving rise to the claim.

(b) 9X5 Consulting shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage, including but not limited to:

  • loss of profits;
  • loss of revenue;
  • loss of anticipated savings;
  • loss of business opportunity;
  • loss of goodwill or reputation;
  • business interruption;
  • loss of productivity;
  • loss or corruption of data;
  • loss arising from delays in service delivery;
  • costs of procuring substitute products or services; or
  • any consequential financial loss,

whether such loss arises directly or indirectly and whether or not 9X5 Consulting was advised that such loss was possible.

Without limiting the foregoing, 9X5 Consulting shall not be liable for any loss, damage or liability arising from:

the failure, outage, degradation or discontinuation of any Third-Party Platform;

the insolvency, administration, liquidation, acquisition or cessation of business of any Third-Party Platform provider;

  • any failure by the Customer to implement appropriate security controls, including Single Sign-On (SSO), Multi-Factor Authentication (MFA) or appropriate user access management;
  • incorrect, incomplete or inaccurate Customer Data;
  • decisions made by the Customer in reliance upon reports, dashboards, analytics, workflows or artificial intelligence outputs generated by Analytics360;
  • misuse of the Analytics360 platform by the Customer or its authorised users;
  • unauthorised access resulting from compromised Customer credentials or systems; or
  • any event beyond the reasonable control of 9X5 Consulting.

The Customer acknowledges that the fees payable for Analytics360 have been determined on the basis of the allocation of risk contained in these Terms and that the limitations and exclusions of liability contained in this clause are fair and reasonable in the circumstances.

Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded or limited under applicable law.

 

12. Changes to the Platform

9X5 Consulting continually develops and improves Analytics360 and may, from time to time, enhance, modify, replace, add to, suspend or discontinue features, functionality, user interfaces, workflows, reports, dashboards, integrations, application programming interfaces (APIs), artificial intelligence capabilities, security controls or other components of the Analytics360 platform.

Such changes may be made for reasons including, but not limited to:

  • improving functionality, usability or performance;
  • enhancing security or privacy;
  • correcting defects or vulnerabilities;
  • complying with applicable laws, regulations or industry standards;
  • responding to changes in technology or Third-Party Platforms;
  • introducing new features or services; or
  • retiring obsolete, unsupported or underutilised functionality.

Where reasonably practicable, 9X5 Consulting will provide advance notice of material changes that are likely to have a significant impact on the Customer’s use of the Analytics360 platform. However, 9X5 Consulting may implement changes immediately where reasonably necessary to address security risks, legal or regulatory requirements, operational issues or circumstances beyond its reasonable control.

The Customer acknowledges that the continued development and evolution of Analytics360 may result in changes to functionality, user interfaces, workflows, reports, dashboards, integrations and supported technologies, provided that such changes do not materially diminish the overall functionality of the Analytics360 Services during the applicable subscription term.

Where a Third-Party Platform modifies, withdraws or discontinues functionality, APIs or services upon which Analytics360 relies, 9X5 Consulting may make such changes to the Analytics360 platform as are reasonably necessary to maintain, adapt or replace the affected functionality.

Unless expressly agreed in writing, 9X5 Consulting is under no obligation to develop, implement or maintain any particular feature, enhancement or functionality requested by the Customer.

 

13. Changes to these Terms

9X5 Consulting may amend these Terms of Service from time to time to reflect changes in applicable laws, regulations, industry standards, security requirements, technology, the Analytics360 platform or our business operations.

Where a material change is made to these Terms that may affect the rights or obligations of existing Customers, 9X5 Consulting will use reasonable efforts to notify affected Customers by email, through the Analytics360 platform or by publishing an updated version of these Terms on the Analytics360 website.

Unless otherwise stated, amended Terms will take effect from the date they are published on the Analytics360 website. Continued access to or use of the Analytics360 Services after the effective date constitutes acceptance of the amended Terms.

Where a Customer has entered into a separate written Customer Agreement, Master Services Agreement or Subscription Agreement with 9X5 Consulting, the terms of that agreement will prevail to the extent of any inconsistency until that agreement is renewed, varied or replaced, unless otherwise agreed in writing.

 

14. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the State of Victoria, Australia.

The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from those courts in respect of any dispute arising out of or in connection with these Terms or the Analytics360 Services.

Before commencing legal proceedings (other than proceedings seeking urgent interlocutory or injunctive relief), the parties agree to use reasonable commercial efforts to resolve any dispute through good faith discussions between appropriately authorised representatives.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

Any failure or delay by 9X5 Consulting in exercising any right, power or remedy under these Terms shall not operate as a waiver of that right, power or remedy.

 

15. Contact

9X5 Consulting Pty Ltd

Email: info@9×5.com.au

Website: www.analytics360.com.au