Terms of Service

• ·Platform — The First Flutter mobile application and provider web portal, collectively.
• ·Parent user — Any individual using the First Flutter mobile app to access pregnancy, newborn, or parenting tools and find professionals.
• ·Provider / Service provider — Any business or individual who has created a provider account on the First Flutter portal to list their professional services.
• ·Listing — A provider's profile page on First Flutter, as visible to parent users.
• ·Enquiry — A message submitted by a parent user to a provider through the First Flutter platform.
• ·Featured listing — A paid subscription tier offering enhanced visibility and features for providers.
• ·Content — Any text, images, data, or other material submitted to the platform by users.

To use First Flutter you must:

• ·Be at least 18 years of age
• ·Have the legal capacity to enter into a binding agreement
• ·Be located in Australia (the platform is designed for the Australian market)

For providers, you additionally must:

• ·Be a legitimate business or sole trader operating in the pregnancy, birth, or newborn professional space
• ·Hold any qualifications, certifications, or registrations required by Australian law to offer your stated services
• ·Have the authority to represent the business you are listing

Account creation

When you create a provider account, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Listing approval

All new provider listings are reviewed by First Flutter before going live. We reserve the right to approve, reject, or remove any listing at our discretion. Approval does not constitute an endorsement of the provider's services.

We may reject or remove listings that:

• ·Contain false or misleading information
• ·Relate to services that are unlicensed or illegal
• ·Violate these Terms or our community standards
• ·Are duplicates of existing listings
• ·Relate to services outside the pregnancy, birth, and newborn professional space

Provider responsibilities

As a provider, you agree to:

• ·Ensure all information in your listing is accurate, current, and not misleading
• ·Hold all required qualifications, certifications, and registrations for your stated services
• ·Respond to enquiries from parents in a professional and timely manner
• ·Maintain appropriate professional indemnity insurance
• ·Not use First Flutter to spam, harass, or contact parents who have not enquired about your services
• ·Update your listing promptly if your services, availability, or qualifications change
• ·Not list services you are not qualified or legally permitted to provide

Health tools disclaimer

The tools and calculators available on First Flutter — including but not limited to the due date calculator, kick counter, contraction timer, blood pressure log, growth percentile calculator, postnatal mood check-in, and immunisation schedule — are provided for general informational and personal tracking purposes only.

These tools are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your qualified healthcare provider with any questions you may have regarding a medical condition or your pregnancy.

In particular:

• ·The contraction timer and kick counter are tracking tools only. If you have concerns about labour progress or fetal movement, contact your midwife, obstetrician, or hospital immediately.
• ·The postnatal mood check-in (EPDS) is a self-screening tool and does not constitute a clinical diagnosis. If you are experiencing mental health difficulties, please speak with your GP, midwife, or call PANDA on 1300 726 306.
• ·Blood pressure readings should be discussed with your healthcare provider. If you record a reading of 160/110 or above, seek urgent medical care immediately.

Household sharing

The household sharing feature allows you to share certain baby tracking data with invited household members. You are responsible for ensuring that any person you invite to your household has consented to their data being visible to other household members.

When a parent submits an enquiry to a provider through First Flutter:

• ·The enquiry is delivered to the provider containing the parent's name, suburb, due date or baby age, contact details, and message
• ·First Flutter is not a party to any resulting booking, agreement, or transaction between the parent and provider
• ·First Flutter does not guarantee that providers will respond to enquiries, or that any service will be provided
• ·Pricing, availability, and service terms are agreed directly between the parent and provider

First Flutter is not responsible for:

• ·The quality, safety, or outcome of any service provided by a listed provider
• ·Any dispute between a parent and a provider
• ·Any loss or damage arising from contact made through the platform
• ·The accuracy of provider qualifications or credentials (though we make reasonable efforts to review listings)

Billing

Featured listing subscriptions are billed monthly in Australian dollars (AUD) via Stripe. Your subscription renews automatically on the same date each month until cancelled.

By subscribing, you authorise First Flutter to charge your payment method on a recurring monthly basis.

Cancellation

You may cancel your Featured subscription at any time from your dashboard under Settings → Billing. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused days in a billing period, except as covered by our 30-day guarantee.

30-day money back guarantee

If you upgrade to a Featured listing and receive fewer than 5 enquiries in your first 30 days, you may request a full refund of your first month's payment by emailing hello@firstflutter.com.au within 35 days of your upgrade date. This guarantee applies to your first Featured subscription period only.

Price changes

We may change subscription pricing with 30 days written notice by email. Continued use of the Featured listing after the notice period constitutes acceptance of the new pricing.

You must not use First Flutter to:

• ·Post false, misleading, or deceptive information
• ·Impersonate another person or entity
• ·Scrape, harvest, or collect data from the platform
• ·Attempt to gain unauthorised access to any account or system
• ·Interfere with or disrupt the platform's operation
• ·Transmit malware, viruses, or harmful code
• ·Use the platform for any unlawful purpose
• ·Harass, threaten, or abuse other users
• ·Post content that is defamatory, discriminatory, or offensive
• ·List services you are not qualified or legally permitted to provide
• ·Use provider enquiry data to contact parents for purposes other than responding to their stated enquiry
• ·Attempt to circumvent the platform by directing parents off-platform before an enquiry is made (once an enquiry has been received, you may communicate through any channel)

First Flutter and its associated branding, design, software, and content are owned by First Flutter Pty Ltd and protected by Australian and international intellectual property laws.

By submitting content to First Flutter (including your profile text, photos, and services information), you grant First Flutter a non-exclusive, royalty-free licence to display, reproduce, and distribute that content on the platform for the purpose of operating the service.

You retain ownership of all content you submit. You represent that you have the right to grant this licence and that your content does not infringe any third party's intellectual property rights.

To the maximum extent permitted by Australian law, First Flutter's total liability to you for any claim arising from your use of the platform is limited to the amount you paid to First Flutter in the 12 months preceding the claim.

First Flutter is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited by contract.

You agree to indemnify and hold harmless First Flutter, its directors, employees, and agents from any claims, losses, damages, costs, and expenses (including legal fees) arising from:

• ·Your use of the platform
• ·Your breach of these Terms
• ·Your listing content (for providers)
• ·Any service you provide to a parent through the platform (for providers)
• ·Any dispute between you and another user

You may delete your account at any time through the platform settings.

First Flutter may suspend or terminate your account if you:

• ·Breach these Terms
• ·Provide false or misleading information
• ·Engage in prohibited conduct
• ·Fail to pay subscription fees when due
• ·Receive multiple substantiated complaints from other users

On termination, your access to the platform ceases and your data is handled in accordance with our Privacy Policy.

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 14 days before the changes take effect. Continued use of First Flutter after that date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

For any questions about these Terms: