Terms & Conditions

1. About these Terms

These Terms & Conditions ("Terms") are a binding agreement between you and Enkisonics Pty Ltd (ABN 48 688 943 106) ("Enkisonics", "we", "our", "us"). They govern your use of the Enki.AI platform (enki.ai), the Enki web, desktop and mobile applications, Enki's communication channels and phone agents, the business apps, websites and automations we build for you, our websites, and every related service we supply (together, the "Services").

You accept these Terms by submitting an access request, completing onboarding, creating or using an account, paying for a package, or otherwise using the Services. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" and "your company" refer to that organisation and the people it authorises to use the Services.

1.1 Documents that form the agreement

Your agreement with us is made up of the following, and if they conflict, the earlier item in this list prevails:

• Any written proposal, order or onboarding document we issue for your company and you accept, including the package, price and any bespoke scope
• The Affiliate Sales Agreement, if you are an affiliate, for matters it covers
• These Terms, including the Fair Use Policy in section 7 and the Acceptable Use Policy in section 11
• Our Refund Policy and Privacy Policy
• The current package inclusions published at enki.ai/pricing at the time you subscribe

1.2 Some definitions

• Workspace: your company's isolated environment on the platform, including its apps, data, memory, channels and connected tools.
• Customer Data: everything your company and its users put into, or that Enki creates or collects for, your Workspace, including your customers' personal information.
• Outputs: text, documents, images, video, code, apps, websites and other material generated by Enki at your direction.
• Package: the monthly subscription tier your company has chosen (Signal, Flow, Elevate, Signature or Custom Flagship) and its inclusions.
• Minimum Term: the first three months of a Package, as set out in section 6.
• Wallet: the prepaid balance from which AI usage, calls, SMS, phone numbers, domains and similar usage-based charges are paid.
• Authorised Users: the people your company allows to use its Workspace.
• Connected Services: third-party tools and channels you link to Enki, such as Google Workspace, Microsoft 365, Xero, Square, WhatsApp, Telegram and the tools available through our connection layer.

2. Eligibility and access

The Services are supplied to businesses for business purposes. To use them you must be at least 18 years old and able to enter a binding contract under Australian law, and you must not be prohibited from using the Services under any applicable law.

Access to Enki is by application. We review every access request and every affiliate application personally, and we may accept or decline any application, or place it on a waitlist, at our discretion and without giving reasons. We limit the number of businesses we onboard each month so that every client receives a proper setup.

3. Accounts, team members and security

Accounts are created for your company and its Authorised Users during onboarding. Your company's administrators can add and remove Authorised Users up to the number included in its Package, set what each person can do, choose which AI models each person can use, and set each person's spending limits.

You and each Authorised User agree to:

• Provide accurate, current and complete information and keep it up to date
• Keep passwords confidential, keep two-factor authentication enabled, and never share an account
• Tell us immediately if you suspect an account has been accessed without authority
• Use the Services only through the interfaces we provide

Your company is responsible for everything done in its Workspace by its Authorised Users and by anyone using their credentials, and for the instructions and automations it gives Enki. We are not liable for loss caused by a failure to keep credentials secure.

4. The Services

Your Package includes, as described in its inclusions:

• The Enki AI assistant, accessible through the web, desktop and mobile apps and through your business channels
• The business apps included in your Package (for example CRM, invoicing, scheduling, pipelines, documents, point of sale) and the ability to have custom apps built
• Hosting, security, monitoring, backups and updates of your Workspace
• Onboarding, training and ongoing support from the Enkisonics team
• Custom project work within the Fair Use Policy in section 7

4.1 Changes and improvements

We improve the Services continuously and may add, change or retire features, models, integrations and apps. We will give you at least 30 days' notice before retiring a feature your company relies on, unless the change is required for security, legal or a third-party reason outside our control. Where a change materially reduces what your Package includes, you may end your Package at the end of the current billing period without early termination charges.

4.2 Beta and preview features

Features labelled beta, preview, early access or similar are provided for evaluation, may change or be withdrawn without notice, and may not work as intended. Use them at your discretion.

4.3 Availability and support

We aim to keep the Services available at all times and to fix faults quickly, but we do not promise uninterrupted or error-free operation. Planned maintenance is scheduled outside Australian business hours where practicable and notified in advance. Support is available through Enki itself, the in-app help and the contact form; response times are targets, not guarantees, and urgent issues affecting your ability to trade are prioritised.

5. Onboarding and custom work

After your application is accepted we shape Enki to your business: configuring your Workspace, connecting your tools, importing your data where agreed, building the apps and automations in your scope and training your team. You agree to give us timely access, information and decisions so the work can proceed; delays on your side may extend the timeline but do not pause billing once your Package has started.

Custom apps, websites and automations are built to the scope agreed in writing (including in chat with Enki or with our team). We will ask you to confirm that delivered work meets the agreed scope; if you do not raise a problem within 14 days of delivery, the work is taken to be accepted. Work outside the agreed scope, or beyond the Fair Use Policy, is quoted separately and proceeds only with your approval.

6. Packages, fees, minimum term and billing

6.1 Packages and prices

Package prices and inclusions are published at enki.ai/pricing. Custom Flagship is quoted individually. Prices are in Australian dollars. Whether a displayed price includes GST is stated where the price is shown, and GST is itemised on every tax invoice as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.2 Minimum term, then month to month

Every Package has a Minimum Term of three months from the date your Package starts. After the Minimum Term it continues month to month until cancelled under section 8. There are no exit fees after the Minimum Term.

6.3 Billing

• Package fees are billed monthly in advance on the same day each month, to the payment card your company has registered
• Payments are processed by Commonwealth Bank PowerBoard. Your card details are tokenised and held by PowerBoard; we keep only the card brand, last four digits and expiry
• By registering a card you authorise us to charge it for Package fees, Wallet top-ups you request or have set to recharge automatically, and any other amounts you agree to under these Terms
• Tax invoices are issued for every charge and are available in your Workspace
• Upgrades take effect immediately and are charged pro rata for the rest of the current period; downgrades take effect from the next billing period

6.4 Failed payments

If a payment fails we will let you know and retry over the following days. If it remains unpaid 14 days after the due date we may suspend the Workspace until it is paid; if it remains unpaid 30 days after the due date we may terminate under section 19. You are responsible for reasonable costs we incur recovering overdue amounts. Fees for a suspension caused by non-payment continue to accrue.

6.5 Price changes

We may change Package prices or Wallet usage rates. We will give at least 30 days' notice of any Package price increase by email and in the app, and the increase will not apply during your Minimum Term. If you do not accept a price increase you may cancel your Package with effect from the date the increase would apply, without early termination charges. Wallet usage rates track the prices charged by AI, telephony and other providers and may change with them; the current rate is always shown in the model picker and on each reply.

7. Fair Use Policy

Every Package includes up to two project requests per calendar month. A project request is a build that needs dedicated design and development time: a new custom app, a major integration, a significant new feature or a new website. Day-to-day support, small changes, fixes, maintenance, content updates and settings changes are unlimited and do not count.

• Unused project requests do not roll over; the allocation resets each billing cycle
• Additional projects beyond the allocation are available at agreed rates, scoped and priced before work starts
• Genuinely urgent problems (a broken integration, a time-critical business need) are prioritised regardless of the allocation
• We may decline or reschedule requests that are outside the platform's purpose, that would compromise security or other clients, or that are unreasonable in scale

8. The AI usage Wallet

AI usage, Mixture of Agents runs, voice and phone-agent minutes, SMS, phone number rental, domain purchases and similar usage-based services are paid from a prepaid Wallet, separately from Package fees. The Wallet works as follows:

• You load credit by card, in Australian dollars, and can set an automatic recharge when the balance drops below an amount you choose
• Usage is deducted as it happens. Every AI reply shows the model used, tokens, time and cost; your balance and history are visible at all times
• Administrators can set which models each person may use and a spending cap per person
• Usage rates include the provider's price plus our margin, and may change as provider prices change (section 6.5)
• If the Wallet is empty, a lifeline keeps essential replies working at reduced capability while you top up; automations, calls and premium models pause until then
• Wallet credit is not a deposit, does not earn interest, cannot be transferred between companies and has no cash value except as set out in the Refund Policy
• Refunds of Wallet balances are governed by the Refund Policy and the Australian Consumer Law

9. Cancellation and refunds

You may cancel your Package at any time by telling us through the contact form, by email to the address on your invoice, or by asking your Enki to arrange it. Cancellation takes effect at the end of the current monthly billing period, or at the end of the Minimum Term if that is later, and you keep full access until then.

If you cancel during the Minimum Term (other than within the 14-day cooling-off period, for our breach, or where a right under the Australian Consumer Law applies), the Package fees for the remainder of the Minimum Term remain payable.

Refunds, the cooling-off period and the treatment of Wallet balances are set out in our Refund Policy. Nothing in these Terms limits the refund rights you have under the Australian Consumer Law.

10. Your data, your Outputs and your responsibilities

10.1 Ownership

Your company owns its Customer Data and, as between you and us, owns the Outputs Enki generates for it. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, back up and otherwise use Customer Data and Outputs only as needed to provide, secure and support the Services, to comply with law, and as you otherwise instruct. We never sell Customer Data, never use it for advertising, and never use it to train AI models.

10.2 What we may access

Our staff access your Workspace only to provide support you have asked for, to investigate a security, fraud or abuse concern, to fix a fault, or where the law requires, and access is logged. We do not review your conversations or data for any other purpose.

10.3 Your responsibilities

Your company is responsible for:

• Having the rights, consents and notices needed to put Customer Data into Enki and to have Enki act on it, including the personal information of your customers, staff, suppliers and callers
• Complying with the Privacy Act 1988 (Cth) (or any other privacy law that applies to it) in respect of the personal information it holds in Enki, including its own privacy policy, collection notices, access and correction requests, and data breach obligations
• Obtaining consent before sending marketing by email, SMS or messaging apps through Enki, honouring unsubscribes, and identifying itself as the sender, as the Spam Act 2003 (Cth) requires
• Not using phone agents to make marketing calls to numbers on the Do Not Call Register, and complying with the Do Not Call Register Act 2006 (Cth) and the Telemarketing and Research Calls Industry Standard for any outbound calling
• The accuracy of the information it gives Enki and the instructions, goals and automations it sets
• Keeping its own copies of anything it cannot afford to lose; the export tools are available at all times
• Sensitive information (such as health records) it chooses to store, including having the consent required to collect it and any additional obligations that apply to its industry

10.4 Export and deletion

Administrators can export the company's data at any time. After termination, Customer Data remains available for export for 30 days and is then deleted within 90 days, except records we must keep by law and backups that roll off in the ordinary course, as described in the Privacy Policy.

11. Acceptable Use Policy

You must use the Services lawfully and responsibly. You must not, and must not let anyone else, use the Services to:

• Break any law or regulation, or infringe anyone's rights, including intellectual property, privacy and confidentiality rights
• Send spam or unsolicited commercial messages, or make unsolicited marketing calls, on any channel
• Harass, threaten, defame, discriminate against or abuse anyone, or generate material that is sexually explicit involving minors, incites violence or hatred, or promotes self-harm
• Impersonate a person or organisation, or create deceptive material such as fake reviews, fabricated records or realistic imitations of a real person's voice or likeness without their consent
• Deceive callers, customers or recipients about whether they are dealing with an AI, or configure a phone agent or channel so that it hides that it is automated
• Make decisions that significantly affect a person's legal rights, employment, credit, insurance, housing, health or safety solely on the basis of Enki's output, without a qualified person reviewing it
• Provide medical, legal, financial or other regulated advice to third parties through Enki where a licence or qualification is required, without that licence and human oversight
• Attempt to gain unauthorised access to any part of the Services, another company's Workspace, or any system or network; probe, scan or test the security of the Services without our written consent
• Interfere with the Services, their infrastructure or other users, introduce malicious code, or circumvent usage limits, spending caps or security controls
• Extract Outputs or data in bulk to build, train or improve a competing AI model or service, or use automated tools to scrape the Services
• Resell, sublicense, time-share or provide the Services to anyone outside your company, except as we agree in writing
• Reverse engineer, decompile or copy any part of the Services, except to the extent the law allows despite this restriction
• Use the Services in a way that breaches the usage policies of the AI, telephony, messaging or other providers the Services rely on, including Meta's WhatsApp Business policies

We may investigate suspected breaches of this policy, remove or block content, suspend or limit features, and cooperate with law enforcement. We will tell you what we have done unless doing so would prejudice an investigation or is prohibited by law.

12. AI Outputs: what to expect

• AI models generate Outputs from patterns in data. Outputs can be wrong, incomplete, out of date, biased or inappropriate, and may state things confidently that are not true. You must check Outputs before relying on them, especially numbers, dates, legal, financial, medical and safety-related content
• Outputs are not professional advice. Nothing Enki produces is legal, accounting, tax, financial, medical or other professional advice, and you should obtain that advice from a qualified person where it matters
• Enki acts on your instructions. Actions it takes for your business (sending messages, booking, invoicing, chasing payments, changing your website, running your automations) are taken on your company's behalf and are your company's responsibility. Enki asks before doing anything irreversible unless you have automated that action; review your automations and use the approval settings
• Similar Outputs may be generated for other customers who ask for similar things; we do not warrant that Outputs are unique or that you will be able to obtain intellectual property protection for them
• Outputs may contain material that is similar to existing works. You are responsible for checking that your use of an Output does not infringe anyone's rights, particularly for published, marketing and commercial material
• Different models have different capabilities, prices and providers. The model picker describes each one; choosing a model is your choice and its provider's terms apply as described in the Privacy Policy

13. Connected Services and third parties

When you connect a third-party tool or channel, you authorise Enki to access and act in it on your behalf with the permissions you grant, and you confirm you are entitled to do so under that provider's terms. Your use of each Connected Service is governed by its own terms and privacy policy. We are not responsible for a Connected Service's availability, changes to its interfaces or policies, its data handling, or loss caused by it, and a provider may restrict or withdraw access at any time. You can disconnect any tool at any moment, after which Enki loses access to it.

Some connections are made through our connection layer, which securely stores the credential for each tool; others are made directly with the provider. Either way, credentials are encrypted and scoped to the person who connected them.

The Services also rely on providers we choose, including AI model providers, telephony and messaging carriers, email delivery, payment processing and network infrastructure, as listed in the Privacy Policy. We select reputable providers and hold them to protective terms, but we cannot guarantee their performance, and they may change what they offer.

14. Communication channels

Enki can send and receive messages for your business on web chat, WhatsApp, Telegram, SMS and email. When using these channels:

• You must comply with each channel provider's policies, including Meta's WhatsApp Business Messaging Policy and Telegram's terms, and with the Spam Act 2003 (Cth)
• Marketing messages require the recipient's consent, must identify your business, and must include a working unsubscribe; Enki provides these tools and you must not remove them
• Message delivery depends on carriers and platforms we do not control; delivery is not guaranteed and delays can occur
• Email sent from your own domain requires you to set up the sender authentication records we give you; until then deliverability may suffer
• We may suspend a channel for your company if we receive spam complaints, a provider restricts it, or we detect abuse, and we will tell you when we do

15. Phone agents and telephony

Phone agents are available on the Packages that include them. Phone numbers are rented on your company's behalf from our carriers and the rental and call charges are paid from your Wallet.

• Numbers remain with the carrier or us; on request, we will assist with porting a number your company has used to another provider, at the carrier's cost, subject to your account being paid up
• Calls handled by phone agents are transcribed and may be recorded, and recordings and transcripts are stored in your Workspace. You must configure the agent's greeting so that callers are told they are speaking with an AI assistant and that the call is recorded, and you must comply with the Telecommunications (Interception and Access) Act 1979 (Cth) and the surveillance-device and listening-device laws of every state and territory in which your callers may be located, some of which require the consent of all parties
• Outbound calls must comply with the Do Not Call Register Act 2006 (Cth), the Telemarketing and Research Calls Industry Standard and any industry-specific rules, and must not be made at hours the law prohibits
• Phone agents must not be used to make automated calls that are deceptive, harassing, or that hide their automated nature
• Call quality depends on carriers and networks we do not control; we do not guarantee that every call connects or stays connected
• We may suspend telephony immediately if we detect fraud, toll abuse or unusual call patterns that expose you or us to loss, and will contact you when we do

16. Custom apps, websites and intellectual property

16.1 What we own

The platform, the Enki assistant, our apps, app frameworks, templates, designs, models, documentation, trade marks and all improvements to them are owned by Enkisonics or our licensors. You receive a licence to use them, not ownership. "Enki", "Enki.AI", "Enkisonics" and our logos are our trade marks and may not be used without our written permission.

16.2 Custom apps, websites and automations

Custom apps, automations and websites we build for you are built on our platform and frameworks. For the duration of your Package you have an exclusive licence to use them for your business. Your Customer Data and the content, branding and Outputs within them remain yours. On termination we will provide an export of your data and, for a website, the site files so you can host it elsewhere; reasonable assistance beyond the export may be charged. Assignment of intellectual property in bespoke work happens only where a written agreement with us says so.

16.3 Your licence to use the Services

Subject to these Terms and payment of fees, we grant your company a non-exclusive, non-transferable licence for its Authorised Users to access and use the Services for its internal business purposes during the term of its Package.

16.4 Feedback and case studies

If you give us feedback or suggestions we may use them without restriction or payment. We may name your company as a customer and describe work we have done for you in case studies or marketing only with your prior consent, which you can withdraw at any time.

16.5 Open source

The Services include open-source components licensed under their own terms, which apply to those components. Nothing in these Terms limits your rights under those licences.

17. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it with at least the care we use for our own. Your confidential information includes your Customer Data; ours includes non-public information about the platform, our pricing and our methods. Confidential information does not include information that is public through no fault of the recipient, already known to the recipient, independently developed, or required to be disclosed by law (in which case the recipient will give notice where lawful). This obligation continues for five years after the agreement ends, and indefinitely for Customer Data and trade secrets.

18. Privacy and security

Our Privacy Policy explains what personal information we collect, how we use it, who we share it with (including AI providers and where they are located), how long we keep it, and your rights. By using the Services you agree to the handling it describes.

We protect the Services with the measures described on the security page, including encryption in transit and at rest, per-company isolation, two-factor authentication, vaulted credentials, audit trails and version control with rollback. If we become aware of a data breach affecting your Customer Data we will tell your administrators promptly, give you what you need to meet your own notification obligations, and notify the Office of the Australian Information Commissioner and affected individuals where the Notifiable Data Breaches scheme requires. We maintain professional indemnity and cyber liability insurance; certificates of currency are available on request.

19. Suspension and termination

19.1 By you

You may cancel under section 9. Your company's administrator may also close the company account, which ends every Authorised User's access.

19.2 By us

We may suspend or terminate your access, or a particular feature, channel or number:

• Immediately, if you seriously breach these Terms (including the Acceptable Use Policy or the client conduct requirements in section 20), if we reasonably believe your use creates a security, legal or reputational risk to us or other customers, if a provider or authority requires it, or if fees remain unpaid 30 days after the due date
• On 14 days' written notice for any other breach that you have not remedied within that period
• On 60 days' written notice if we discontinue the Services or can no longer supply them, in which case we will refund any Package fees paid for the period after termination and any unused Wallet balance

19.3 Effect of termination

• Access ends on the termination date; data export is available for 30 days after that, then deletion follows as described in section 10.4
• Amounts owing become payable immediately; where termination is for your breach, fees for the remainder of the Minimum Term remain payable
• Phone numbers are released unless ported under section 15 within the export period
• Sections that by their nature should survive (including ownership, confidentiality, liability, indemnity, disputes and this section) continue

20. Client conduct and mutual respect

We treat every client as a partner, with honesty, transparency and professionalism, and we expect the same in return. If communication from your company or its users becomes abusive, threatening, harassing or consistently unreasonable towards our team despite our attempts to resolve the situation, we may terminate the agreement on 14 days' notice. Your data will be made available for export as usual and fees for the remainder of the Minimum Term will not be charged in that case.

21. Warranties and consumer guarantees

We warrant that we will supply the Services with due care and skill, that they will be materially as described in your Package inclusions, and that we have the right to grant the licences in these Terms. Except for those warranties and the guarantees implied by law that cannot be excluded, the Services are supplied on an "as is" and "as available" basis and we exclude all other warranties, conditions and representations, express or implied, including that the Services will be uninterrupted, error-free, secure, or that Outputs will be accurate, complete or fit for any particular purpose.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value, and to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. Where the law permits us to limit our liability for breach of a guarantee that cannot be excluded, our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.

22. Limitation of liability

To the extent permitted by law:

• Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data (other than loss of data caused by our failure to keep the backups we promise), however arising
• We are not liable for loss arising from Outputs you have relied on without reasonable checking, from actions Enki takes under automations or instructions your company has set, from Connected Services or other third-party services, from your breach of these Terms, or from events outside our reasonable control
• Our total liability to your company for all claims arising out of or in connection with the Services in any 12-month period is limited to the Package fees paid by your company in the 12 months before the event giving rise to the claim, or AUD $1,000 if greater

These limits do not apply to liability that cannot be limited by law, including under the Australian Consumer Law, or to either party's liability for fraud, wilful misconduct, or breach of the confidentiality section. Each party must take reasonable steps to mitigate its loss.

23. Indemnities

Your company indemnifies us, our directors, staff and providers against loss, damage, liability, costs and expenses (including reasonable legal costs) arising from a third-party claim caused by: Customer Data or Outputs your company has used or published; your company's breach of the Acceptable Use Policy, of the Spam Act, the Do Not Call Register Act, call-recording or privacy laws; messages, calls or actions Enki performed under your company's instructions or automations; or your company's breach of a Connected Service's terms. This does not apply to the extent the loss is caused by our breach or negligence.

We will defend your company against a third-party claim that the platform itself (excluding Customer Data, Outputs, Connected Services and open-source components) infringes an Australian intellectual property right, and pay damages finally awarded or agreed, provided you tell us promptly, let us control the defence, and give reasonable assistance. If such a claim arises we may modify or replace the affected part or, if that is not practicable, terminate the affected Services and refund prepaid fees for the unused period.

24. Affiliate program

Enkisonics operates an affiliate program under which approved sales partners ("Affiliates") introduce prospective clients to Enki. Participation is by application and approval and is governed exclusively by a separate written Affiliate Sales Agreement. Nothing in these Terms creates an affiliate relationship, an entitlement to commission or a right to represent Enkisonics.

Affiliates are independent contractors, not our employees, agents or partners, and cannot bind us, vary pricing or make promises on our behalf beyond materials we have approved. If an Affiliate introduced you:

• Your agreement is directly with Enkisonics; onboarding, billing, support and delivery are performed by us
• The Affiliate has no access to your account, Workspace or Customer Data; we tell them only the status of the deal they registered
• Any commitment not made in writing by Enkisonics does not bind us

The program is single-tier: commissions are tied to genuine sales to end clients, not to recruitment, and there are no downstream or multi-level structures. Affiliates must comply with the Australian Consumer Law, the Privacy Act and the Spam Act. If you have any concern about the conduct of a person promoting Enki, contact us directly; we investigate every report.

25. Mobile and desktop apps

The Enki.AI mobile apps are distributed through the Apple App Store and Google Play, and the Enki desktop app is downloaded from us. We grant you a non-transferable licence to install and use the apps on devices you own or control, for use with your account. The apps update themselves; you should keep them current for security.

For apps obtained from the Apple App Store: these Terms are between you and Enkisonics only, not Apple; Apple has no obligation to provide maintenance or support, no warranty obligation beyond refunding the purchase price (if any), and no responsibility for any claim relating to the app or your use of it, including product liability, legal or regulatory compliance and intellectual property claims; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you confirm that you are not located in a country subject to a US Government embargo and are not on any US Government list of prohibited or restricted parties. Google Play's terms apply to apps obtained there.

26. Electronic agreements and notices

Agreements, quotes, proposals and contracts presented and accepted electronically through the Services, including by clicking to accept, typing a name, or signing through our signing flow, are binding under the Electronic Transactions Act 1999 (Cth) and equivalent state laws, and we keep a record of the acceptance (time, IP address and document version) as evidence.

We give you notices by email to your account or billing address, or in the app, and they are taken to be received when sent. You give us notices through the contact form or to the address on your invoice. Notices of termination must be in writing.

27. General

27.1 Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. Before starting court proceedings, each of us agrees to first raise the dispute with the other in writing and try in good faith to resolve it within 30 days; if that fails, either of us may propose mediation in Queensland with costs shared equally. Failing resolution, the courts of Queensland and the Federal Court of Australia have jurisdiction. Nothing prevents either of us seeking urgent injunctive relief, or you from making a complaint to a regulator such as the ACCC, the OAIC or your state Office of Fair Trading.

27.2 Changes to these Terms

We may update these Terms as the Services, the law or our providers change. We will give at least 30 days' notice of material changes by email and in the app, and the change takes effect at the start of your next billing period after the notice. If a change materially reduces your rights or increases your obligations and you do not accept it, you may cancel your Package with effect from the date the change would apply, without early termination charges. Continued use after a change takes effect is acceptance of it.

27.3 Unfair contract terms

These Terms are intended to be fair. If any term would be an unfair contract term under the Australian Consumer Law in relation to your company, we will not rely on it to the extent it is unfair, and the rest of these Terms continue to apply.

27.4 Other matters

• Events beyond reasonable control: neither of us is liable for a failure caused by events outside its reasonable control (including outages of third-party providers, carriers or networks, natural events, or government action), provided it takes reasonable steps to mitigate; if such an event stops the Services for more than 30 days either of us may terminate on notice
• Assignment: you may not transfer this agreement without our consent, which we will not unreasonably withhold for a sale of your business; we may transfer it to a successor of our business on notice, and may use subcontractors while remaining responsible for them
• Relationship: we are independent contractors; nothing creates a partnership, joint venture, employment or agency
• Severability: if a provision is invalid or unenforceable it is read down or severed to the minimum extent necessary and the rest continues
• Entire agreement: the documents in section 1.1 are the whole agreement between us about the Services and replace all earlier proposals and discussions
• Waiver: a failure or delay in exercising a right is not a waiver of it

28. Contact

Questions about these Terms: use the contact form and mark your message "Legal". We aim to respond within 5 business days. For urgent legal matters, mark the message "Urgent: legal".