These Terms of Service ("Terms") form a binding agreement between you and Cloud AI
governing your access to and use of the Cloud AI website, workspace and related
services (together, the "Service"). By creating an account, subscribing to a plan
or otherwise using the Service you agree to be bound by these Terms. If you do not
agree, please do not use the Service.
This document is provided as a general template and is not a substitute for advice
from a qualified lawyer. Cloud AI should have this page reviewed by legal counsel
before relying on it, particularly the sections addressing consumer guarantees,
liability and governing law for the jurisdictions in which the Service is offered.
1. Acceptance of these Terms
By accessing or using the Service you confirm that you have read, understood and
agree to be bound by these Terms and by our Privacy
Policy, which is incorporated into these Terms by reference. If you are using
the Service on behalf of a company or other legal entity, you represent that you
have the authority to bind that entity, in which case "you" refers to that entity.
2. Eligibility and account registration
You must be at least 16 years old, or the minimum age of digital consent in your
jurisdiction if higher, to create an account. You agree to provide accurate and
complete registration information, to keep your login credentials confidential and
to notify us promptly of any unauthorised use of your account. You are responsible
for all activity that occurs under your account.
3. Description of the Service
Cloud AI provides an artificial intelligence workspace that allows users to chat,
draft documents, generate images, use voice features and organise work within
projects. Features available to you depend on the plan you hold and are described
on the pricing page. We may add, change or remove
features from time to time as the Service evolves.
4. Subscription plans, pricing and billing
Paid plans are billed monthly in advance in Australian dollars (AUD). Displayed
prices include GST where GST applies under Australian law. Payment is processed by
our payment processor, Stripe, and by subscribing you also agree to Stripe's
applicable terms.
Subscriptions renew automatically at the start of each billing period unless you
cancel before the renewal date. You can cancel at any time from the billing portal
accessible through your account settings. When you cancel, your plan remains active
until the end of the current billing period and will not renew afterward. We do not
provide prorated refunds for partial billing periods except where required by law
or expressly stated at the time of purchase.
If you upgrade to a higher tier plan during a billing period, the new plan and its
limits apply immediately and the difference in price may be charged on a prorated
basis for the remainder of that period. If you downgrade, the change takes effect
at the start of your next billing period so that you keep the benefit of what you
already paid for.
We may change subscription pricing from time to time. If a price change affects
your plan, we will give you reasonable notice before it takes effect, and continued
use of the Service after that date constitutes acceptance of the new price.
5. Free plan and usage limits
Cloud AI offers a Free plan with limited monthly usage. Usage limits for every
plan, including the Free plan, are stated on the pricing page and in the plan
limits shown on your account. We may adjust these limits from time to time, and
where a change would materially reduce what a paid plan already includes, we will
provide reasonable notice.
6. Acceptable use policy
You agree not to use the Service to:
Violate any applicable law or regulation, including intellectual property, privacy or export control laws;
Generate or distribute content that is unlawful, defamatory, harassing, or infringes the rights of others;
Attempt to gain unauthorised access to the Service, other accounts, or the systems or networks connected to the Service;
Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or excessive automated requests;
Reverse engineer, decompile or attempt to extract the underlying models or source code of the Service except to the extent such restriction is prohibited by applicable law;
Resell or provide the Service to third parties as a standalone service without our prior written consent.
We may suspend or terminate access for conduct that we reasonably believe violates
this policy or exposes us or other users to risk or liability.
7. Your content and our content
You retain ownership of the documents, files, prompts and other content you submit
to the Service ("your content"). You grant us a limited licence to host, process
and transmit your content solely for the purpose of operating and improving the
Service for you. Cloud AI does not use your conversations, documents or files to
train models unless you explicitly opt in to that use.
The Service, including its software, design, trademarks and documentation, is
owned by Cloud AI or its licensors and is protected by intellectual property laws.
Nothing in these Terms transfers ownership of the Service to you.
8. Artificial intelligence outputs and limitations
The Service uses artificial intelligence models to generate text, images, voice
and other content ("AI outputs"). AI outputs are produced algorithmically and may
be inaccurate, incomplete or unsuitable for a particular purpose. You are
responsible for reviewing AI outputs before relying on them, and Cloud AI does not
warrant that AI outputs will be accurate, complete or fit for any specific purpose,
including professional, medical, legal or financial advice.
9. Third party services and payment processing
The Service integrates with third party providers, including Stripe for payment
processing and optional identity providers for social sign in. Your use of those
providers is subject to their own terms and privacy policies, and Cloud AI is not
responsible for their acts or omissions.
10. Suspension, termination and data handling
You may stop using the Service and delete your account at any time. We may suspend
or terminate your access if you breach these Terms, if required by law, or if we
discontinue the Service, with notice where reasonably practicable.
When your account is cancelled or terminated, we retain your content for a limited
period, currently up to 30 days, to allow for accidental cancellation or account
recovery, after which it is deleted from our active systems in accordance with our
data retention practices described in the Privacy
Policy. Some information may be retained for longer where required for legal,
accounting, tax or fraud prevention purposes.
11. Disclaimers and warranties
Except for the guarantees that cannot be excluded under the Australian Consumer Law
or other applicable law, the Service is provided "as is" and "as available" without
warranties of any kind, whether express or implied, including implied warranties of
merchantability, fitness for a particular purpose and non infringement. We do not
warrant that the Service will be uninterrupted, error free or completely secure.
12. Limitation of liability
To the maximum extent permitted by law, Cloud AI and its officers, employees and
agents will not be liable for any indirect, incidental, special, consequential or
punitive damages, or for any loss of profits, revenue, data or goodwill, arising
from or related to your use of the Service. Our total aggregate liability arising
out of or relating to these Terms or the Service will not exceed the amount you
paid to Cloud AI in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded
or limited, including liability for consumer guarantees under the Australian
Consumer Law.
13. Indemnification
You agree to indemnify and hold Cloud AI harmless from any claims, losses,
liabilities and expenses, including reasonable legal fees, arising from your
breach of these Terms, your content, or your misuse of the Service, except to the
extent caused by our own negligence or wilful misconduct.
14. Australian Consumer Law
If you are a consumer within the meaning of the Australian Consumer Law, our
services come with guarantees that cannot be excluded under that law. Nothing in
these Terms is intended to limit or exclude any right or remedy you have under the
Australian Consumer Law or any other law that cannot lawfully be excluded. Where
permitted, our liability for a failure to comply with a consumer guarantee is
limited, at our option, to resupplying the service or paying the cost of having the
service resupplied.
15. International use
The Service is operated from Australia and is made available to users in other
countries. If you access the Service from outside Australia, you do so on your own
initiative and are responsible for complying with local laws that may apply to your
use of the Service, including laws relating to the export or import of software
and data.
16. Governing law and dispute resolution
These Terms are governed by the laws of Australia, without regard to conflict of
laws principles. Subject to any non excludable rights you have as a consumer in
your own jurisdiction, you and Cloud AI agree to submit to the exclusive
jurisdiction of the courts of Australia to resolve any dispute arising out of or
relating to these Terms or the Service. Before commencing formal proceedings, both
parties agree to first attempt to resolve any dispute informally by contacting us
as described below.
17. Changes to these Terms
We may update these Terms from time to time to reflect changes to the Service or
for legal or operational reasons. We will post the updated Terms on this page with
a revised "last updated" date, and where a change is material we will provide
additional notice, such as an email or an in product notification. Continued use of
the Service after the updated Terms take effect constitutes acceptance of the
changes.
