1.1 Applicability: These Terms take effect when you register for an Account and remain in force until your Account is terminated as outlined in these Terms. Your right to use our Services is limited to this period.
1.2 Eligibility: If you are under 18, you must have the consent of a parent or guardian or use the platform under the supervision of a responsible adult.
1.3 Amendments: We reserve the right to modify these Terms at any time by providing you with written notice. By clicking “I accept” or by continuing to use our Platform after receiving the notice or 30 days after notification (whichever comes first), you agree to the updated Terms. If you do not agree with the changes, you may close your Account and cancel your access to our Services, effective from the date the amended Terms take effect, by providing written notice to us. If you choose to cancel:
2.1 Service Provision: We offer the following services:
These are collectively referred to as our Services.
2.2 Support Requests: If you require Support Services, you may request assistance through our Platform.
2.3 Access Requirements: If we need access to your premises or computer systems to provide our Services, you agree to grant us such access in a manner that is safe for our employees and contractors.
2.4 Service Limitation: We are only responsible for services explicitly outlined in these Terms or on our Platform.
2.5 Additional Services: If you require additional services, we may offer them at our discretion under a separate contract, which will detail the scope and cost.
2.6 Third-Party Services: If you use third-party products or services alongside ours (such as third-party software integrated with our Platform), those third parties operate independently from us. We are not responsible for their goods or services unless explicitly agreed otherwise under clause 2.5.
3.1 Account Creation: To access and use our Services and Platform, you must create an Account.
3.2 Teams Plan: Under a Teams Plan, you can invite Authorized Users to access and use our Services under your Account. Each Authorized User will require a login linked to your Account. You are responsible for ensuring your Authorized Users comply with these Terms. You may change Authorized Users or adjust their access rights through your Account. Any limitations on the number of Authorized Users will be specified in your Account or on our Platform.
3.3 Account Maintenance: While your Account is active, you agree (and ensure your Authorized Users agree) to:
3.4 Inactive Accounts: If your Account remains inactive for 12 months or more, we may close and permanently delete it. You acknowledge that this will result in the loss of any Content you have generated. We will notify you via the email address associated with your Account before deleting it.
4.1 One-Time Payment: After creating your Account, you can make a one-time payment to access our Services. The details of the payment amount and what it covers will be provided on our Platform.
4.2 Payment Methods: Payment methods will be detailed on our Platform. If you pay through a third-party processor, you may need to accept their terms and conditions.
4.3 Fraudulent Payments: You must not pay or attempt to pay for our Services through fraudulent or unlawful means. If you pay by debit or credit card, you must be the authorized cardholder. If payment is made by direct debit, you authorize our nominated processor to debit your bank account according to the payment terms, confirming you are either the account holder or an authorized signatory.
4.4 Taxes: You are responsible for any taxes or levies associated with your use of our Services, such as sales tax or value-added tax, unless we are legally required to collect these on your behalf.
5.1 License Grant: While your Account is active, we grant you and your Authorized Users a non-transferable, non-sublicensable right to use our Platform, which may be suspended or revoked in line with these Terms. This license cannot be passed on to others.
5.2 Prohibited Uses: You must ensure that neither you nor your Authorized Users:
6.1 Service Availability: We aim to make our Services available at all times, but we do not guarantee 100% uptime. Our Services may be disrupted, for example, due to scheduled or emergency maintenance.
6.2 Third-Party Dependencies: Our Services may rely on third-party products or services, such as cloud hosting. To the extent allowed by law, we are not responsible for disruptions caused by these third parties.
6.3 Notice of Disruptions: We will attempt to notify you in advance of any planned disruptions to our Services where possible.
7.1 AI Content Warning: Our Platform uses generative AI and large language model technologies, which can produce highly realistic or convincing content, including text, images, audio, and video (Generated Content). You acknowledge that such content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating the accuracy, reliability, and legality of any Generated Content before relying on or using it.
7.2 No Warranties: Subject to your Consumer Law Rights, the Generated Content is provided “as is,” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We disclaim all liability for errors, omissions, inaccuracies, infringement of third-party rights (including Intellectual Property Rights), and any damages or losses arising from your use or reliance on Generated Content.
8.1 Content Definition: You may submit text, documents, images, videos, or other inputs to our Service (Inputs) and receive outputs generated by the Services based on these Inputs (Outputs). Collectively, Inputs and Outputs are referred to as Content.
8.2 Responsibility for Inputs: You are responsible for all Inputs you submit to our Services. By submitting Inputs, you represent and warrant that you have all necessary rights, licenses, and permissions for us to use and process the Inputs and generate Outputs. You retain ownership of your Inputs.
8.3 Private Content License: You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (except to our related bodies corporate) and non-transferable license to use any Private Content solely for performing our obligations or exercising our rights under these Terms. We will not use, retain, analyze, or process your Inputs for any other purpose without your express written consent.
8.4 Public Content License: You grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable license to use, reproduce, modify, adapt, publish, create derivative works of, publicly display, and distribute any Public Content for providing, maintaining, promoting, and improving the Services, including training AI models and for commercial purposes.
8.5 Moral Rights: If you or your personnel have any Moral Rights in any material provided or created in connection with these Terms, you agree (and procure that your personnel agree) to consent to our use or infringement of those Moral Rights.
9.1 Intellectual Property Ownership: We own all intellectual property rights in our Services (including our Platform), including its design, functionality, copyrighted works, trademarks, inventions, designs, and other intellectual property, referred to as Our Materials. You agree not to misuse our intellectual property without our written permission and must not alter or remove any confidentiality, copyright, or ownership notices on our Platform. Nothing in these Terms transfers or assigns any Intellectual Property Rights in Our Materials to you.
9.2 Platform Developments: We own all Intellectual Property Rights in any developments, modifications, enhancements, or improvements to the Platform or Our Materials (Platform Developments). If these rights do not automatically vest in us by law, you assign all such rights to us and agree to do all necessary acts to assure our title.
9.3 Limited License: We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable, and non-transferable license, for the amount of tokens that you bought, to use Our Materials solely for your use of our Services, as permitted under these Terms.
9.4 Feedback and Suggestions: We may use any feedback or suggestions you provide in any manner we see fit, including developing new features, without owing you any compensation.
9.5 Anonymized Data: We may create anonymized statistical data from your use of our Services (e.g., through aggregation). Once anonymized, we own that data and may use it for any purpose, including improving our Services, developing new offerings, and identifying business trends. This may include making anonymized data publicly available, provided it cannot be used to identify you.
10.1 Confidentiality: When using our Services, you may share confidential information with us, and you may also encounter confidential information about us. Both parties agree not to misuse or disclose the other's confidential information and to take reasonable measures to protect it from unauthorized disclosure. This includes ensuring that any Authorized Users, employees, contractors, advisors, or agents access confidential information only on a 'need-to-know' basis and adhere to similar confidentiality obligations.
10.2 Legal Disclosure: Either party may disclose confidential information to legal or regulatory authorities if required by law.
10.3 Personal Information Collection: We collect, hold, and use Personal Information in accordance with our privacy policy available on our website and applicable privacy laws.
10.4 Disclosure Rights: You must only disclose Personal Information to us if you have the right to do so, such as obtaining the individual’s express consent.
10.5 Third-Party Disclosure: We may disclose Personal Information to third parties, including related companies or service providers (e.g., IT and administrative service providers, professional advisors).
10.6 Legal Reporting Requirements: If required by law, we may request certain information from you to meet reporting requirements, and you agree to provide such information within reasonable timeframes.
11.1 Legal Rights: You may have rights or remedies provided by law (Consumer Law Rights) that these Terms do not restrict. We are bound only by your Consumer Law Rights and the explicit wording of these Terms.
11.2 Australian Consumer Law: If you accept these Terms in Australia, nothing in these Terms excludes, restricts, or modifies any rights or remedies under Australian Consumer Law. If our Platform is not used for personal, household, or domestic purposes, our liability for breaching your Consumer Law Rights is limited to resupplying our Services or paying the cost of resupplying the Services.
12.1 Limitations: To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any issues caused or contributed to by:
12.2 General Exclusions: Regardless of other statements in these Terms, to the maximum extent permitted by law:
13.1 iOS Devices: If you use our Platform on an iOS device via a mobile app from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple Inc. Apple is not responsible for our Platform or any content on it.
13.2 Maintenance and Support: Apple has no obligation to provide maintenance or support services for our Platform.
13.3 Warranty: If our app fails to conform to any warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligations, and any issues are our responsibility.
13.4 Claims: Apple is not responsible for addressing any claims related to our app or your use of it, including product liability, legal compliance, or consumer protection claims.
13.5 Intellectual Property Claims: Apple is not responsible for investigating or defending any third-party claims that our app infringes their intellectual property rights.
13.6 Compliance: You agree to comply with applicable third-party terms when using our mobile app.
13.7 Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
13.8 U.S. Government Compliance: You represent and warrant that you are not in a country subject to a U.S. Government embargo or designated as supporting terrorism, and are not listed on any U.S. Government restricted parties list.
14.1 Suspension: We may suspend your access to our Services if:
14.2 Resolution: If we suspend your access, we will notify you and work to resolve the issue within 14 days. If unresolved, we may terminate your Account and access to Services.
14.3 Termination by Us: We may terminate these Terms if:
14.4 Termination by You: You may terminate these Terms if:
14.5 Termination Notice: You may terminate these Terms at any time by notifying us through your Account or our email for notices. If you have an on-time payment, termination will be effective at the end of your current service period.
14.6 Effect of Termination: Upon termination, you will lose access to the Services and the Account. Termination will not affect any other rights or liabilities that may have accrued.
15.1 Assignment: You cannot transfer or assign these Terms to any third party without our prior written consent. We may transfer these Terms to a third party or assign any debt owed by you to us.
15.2 Dispute Resolution: Neither party can start court proceedings over any dispute arising from these Terms without first attempting to resolve it through good faith discussions. If unresolved:
15.3 Events Outside Our Control: We are not liable for delays or failures caused by events beyond our reasonable control.
15.4 Governing Law: These Terms are governed by New South Wales law. Any legal matters will be resolved exclusively by the courts in New South Wales.
15.5 Illegal Requests: We reserve the right to refuse any requests that we consider inappropriate, unethical, or illegal.
15.6 Marketing: You agree that we may send you electronic communications about our products and services. You can opt out at any time using the unsubscribe function.
15.7 Nature of Legal Relationship: These Terms do not create a partnership, joint venture, employment, or agency relationship between us.
15.8 Notices: Send any notice to the email provided at the start of these Terms. We will send notices to the email address registered with your Account.
15.9 Survival: Clauses 7 to 14 will survive termination or expiration of these Terms.
15.10 Third-Party Sites: Our Platform may link to third-party websites. We are not responsible for their content. If you purchase from these sites, they are provided by the third party. We may receive a benefit from linking to these sites or featuring certain goods or services, which will be disclosed.
16.1 Account: Refers to the account created by the individual or entity who registered for our Services, which allows for access by Authorized Users.
16.2 Authorized User: A person you have granted access to the Platform through your Account.
16.3 Consequential Loss: Means any special, indirect, or consequential loss, including but not limited to anticipated or actual loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation, use, and/or data corruption, regardless of whether it arises under statute, contract, equity, tort (including negligence), indemnity, or otherwise. This does not include your obligation to pay us amounts for accessing or using our Services.
16.4 Intellectual Property Rights: Encompasses all current and future rights globally, granted by statute, common law, equity, or equivalent laws, relating to copyrights, designs, patents, trademarks, domain names, know-how, inventions, processes, trade secrets, confidential information, circuit layouts, software, computer programs, databases, source codes, including rights to apply for registration and any improvements or modifications thereof, whether registered or not.
16.5 Liability: Includes any expense, cost, responsibility, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment arising from any legal or other basis, whether direct or indirect, present or future, and whether involving a third party, us, or you.
16.6 Moral Rights: Refers to rights under the Copyright Act 1968 (Cth) and similar rights in other jurisdictions.
16.7 Our Materials: Includes all Intellectual Property owned by or licensed to us, including any enhancements, modifications, or improvements to such Intellectual Property.
16.8 Personal Information: Means any information or opinion about an identified or reasonably identifiable individual, regardless of whether the information is true or recorded in a tangible form.