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Terms of Service

1. AGREEMENT TO OUR LEGAL TERMS & OUR SERVICES

  1. Hexaport Pty Ltd (ACN 663 475 607) ("We," "Us," "Our"), a body corporate organised under the laws of Australia.
  2. We operate the website https://cyter.ai/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
  3. You can contact us by email at hello@cyter.ai, we do not provide support by physical mail.
  4. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
  5. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
  6. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to using the Services.
  7. We recommend that you print a copy of these Legal Terms for your records.
  8. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  9. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Definitions

  1. Account or User Account means the profile you create on the Services that can identify you to the Services and has login details.
  2. Additional Thinking Credit Package means a product available for purchase that increases your Thinking Credit balance for 30 days from the date of purchase. The price of which and quantity of Thinking Credits within which is determined by your Subscription Tier.
  3. Nominated Payment Method means the payment information and details such as a credit card number provided by you when you purchase your subscription or other form of access to our Services and any payment information and details provided by you at a later point.
  4. Subscription Tier means a level of access to the Services displayed on our website and/or chosen by you when purchasing your subscription to the Services.
  5. Thinking Credit means the currency unit used by the Services that are deducted from following user actions within the Service.

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

  1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
  2. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Australia and around the world.
  3. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

  1. Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
    1. access the Services; and
    2. download or print a copy of any portion of the Content to which you have properly gained access.
    solely for your personal, non-commercial use or internal business purpose.
  2. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@cyter.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  4. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
  5. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

  1. Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
  2. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  3. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
    1. confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
    2. to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
    3. warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
    4. warrant and represent that your Submissions do not constitute confidential information.
  4. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

4. USER REPRESENTATIONS

  1. By using the Services, you represent and warrant that:
    1. all registration information you submit will be true, accurate, current, and complete;
    2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
    3. you have the legal capacity and you agree to comply with these Legal Terms;
    4. you are not under the age of 13;
    5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental (or the otherwise required) permission to use the Services;
    6. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
    7. you will not use the Services for any illegal or unauthorized purpose; and
    8. your use of the Services will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. USER REGISTRATION

  1. You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. PURCHASES AND PAYMENT

  1. We accept the following forms of payment:
    1. Visa
    2. Mastercard
    3. American Express
  2. We apply a flat 2% credit card fee to all transactions. This may not be displayed on the page where you made the purchase, however, we endeavour to notify you of this. Regardless of notice of these charges at the time of charge, you accept any credit card fees we charge you in addition to the stated price for any Service.
  3. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, Nominated Payment Method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Australian Dollars or the equivalent exchange rate, determined by us or our payments provider.
  4. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping, transaction or foreign exchange fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  5. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

Billing and Renewal

  1. Your subscription will continue and automatically renew unless cancelled. You consent to us charging your Nominated Payment Method on a recurring basis without requiring your prior approval for each recurring charge. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

  1. All purchases are non-refundable, refer to Clause 15 for termination details.

Fee Changes

  1. We may, from time to time, make changes to the fees we charge for services including recurring subscription charges.

8. OTHER SERVICES

Additional Thinking Credit Packages

  1. Additional Thinking Credit Packages are offered to all users with a Subscription Tier.
  2. When a user purchases an Additional Thinking Credit Package, a number of Thinking Credits are added to their user account in the Service as outlined in the offer made within the Service.
  3. The Thinking Credits from an Additional Thinking Credit Package will expire and will no longer be available to the user after 30 days from the date of purchase.
  4. Thinking Credits within an Additional Thinking Credit Package will be used and deducted from before the Thinking Credits applicable to a user account from its subscription.

9. PROHIBITED ACTIVITIES

  1. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  2. As a user of the Services, you agree not to:
    1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
    4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    5. Use any information obtained from the Services in order to harass, abuse, or harm another person.
    6. Make improper use of our support services or submit false reports of abuse or misconduct.
    7. Use the Services in a manner inconsistent with any applicable laws or regulations.
    8. Engage in unauthorised framing of or linking to the Services.
    9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
    10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    11. Delete the copyright or other proprietary rights notice from any Content.
    12. Attempt to impersonate another user or person or use the username of another user.
    13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
    14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
    15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
    16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    17. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
    20. Use a buying agent or purchasing agent to make purchases on the Services.
    21. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    22. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
    23. Sell or otherwise transfer your profile.
    24. Use the Services to advertise or offer to sell goods and services.

10. USER GENERATED CONTRIBUTIONS

  1. The Services does not offer users to submit or post content.

11. CONTRIBUTION LICENSE

  1. You and Us agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
  2. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

12. THIRD-PARTY WEBSITES AND CONTENT

  1. The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
  2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
  3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
  4. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
  5. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
  6. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
  7. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.
  8. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. SERVICES MANAGEMENT

  1. We reserve the right, but not the obligation, to:
    1. monitor the Services for violations of these Legal Terms;
    2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
    3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
    4. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
    5. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

  1. We care about data privacy and security. By accepting these Legal Terms or using the Services, you agree to be bound by our Privacy Policy. Please be advised the Services are hosted in the United States and may be hosted in other jurisdictions.
  2. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
  3. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

15. TERM AND TERMINATION

  1. Our subscriptions are generally offered monthly and renew automatically on a month-to-month basis until terminated at least 7 calendar days prior to the Monthly Renewal Date. If you have a monthly subscription:
    1. The Monthly Renewal Date is the date of the month on which you first purchased the Services.
    2. For the avoidance of doubt, if you purchased the Services on 17 March, your Monthly Renewal Date would be the 17th of each month.
    3. If you terminate the services within 7 calendar days of the closest upcoming Monthly Renewal Date, you will be charged for and retain access to the Services until the Monthly Renewal Date after the closest upcoming Monthly Renewal Date (the Termination Date).
    4. If, on the Termination Date, the balance of Thinking Credits in your account is negative, you authorise us to charge your Nominated Payment Method for as many Additional Thinking Credit Packages as is required to bring your account into surplus.
  2. We may, from time-to-time, offer an annual subscription. These subscriptions renew automatically on a year-to-year basis until terminated at least 30 calendar days prior to the Annual Renewal Date. If you have an annual subscription:
    1. The Annual Renewal Date is the date of the month on which you first purchased the Services.
    2. For the avoidance of doubt, if you purchased the Services on 17 March 2025, your Annual Renewal Date would be 17 March.
    3. If you terminate the services within 30 calendar days of the Annual Renewal Date, you will be charged for and retain access to the Services until the Annual Renewal Date after the closest upcoming Annual Renewal Date.
  3. These Legal Terms shall remain in full force and effect while you use the Services.
  4. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
  5. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We will also retain any payment or prepayment you have made for the Services.

16. MODIFICATIONS AND INTERRUPTIONS

  1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any change, modification, price change, suspension, or discontinuance of the Services.
  2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
  3. You expressly acknowledge that our Services are reliant on third-party service providers who may experience interruptions or downtime in providing the services to us that we use to provide the Services to you. You agree that we are not liable for any interruptions, delays or errors resulting from this and it does not constitute a breach, lapse or anything of the like of this or any other agreement between you and us.
  4. If any interruption to our Services as aforementioned results in a credit (or alike) deduction or designation of usage applicable to your user account, we may or may not, at our sole discretion and convenience, make adjustments in respect of this.

17. GOVERNING LAW & DISPUTE RESOLUTION

  1. These Legal Terms and your use of the Services are generally governed by and construed in accordance with the laws of New South Wales, Australia applicable to agreements made and to be entirely performed within New South Wales, without regard to its conflict of law principles.
  2. If you and we become in dispute, arrive at a dispute, are in disagreement, arrive at a controversy or any of the terms and conditions of these Legal Terms (or any other agreement between you and us) are in question or something relating to them should be otherwise decided on ("Dispute"):
    1. We will choose the governing law applicable to these legal terms for the purpose of the Dispute, this agreement and/or any other agreement between you and us that will be used to finally end and decide upon the Dispute
    2. You and us agree to first attempt to negotiate any Dispute for at least thirty (30) days before initiating the procedure below.
    3. If you and us fail to reach an agreement on the Dispute after 30 days, we will choose the forum, venue and method of dispute resolution that will be used to finally resolve the dispute which may include (but is not limited to):
      1. Arbitration
      2. Mediation
      3. Court action
      4. Referring the question or dispute to a decision maker decided by us, which may include one of our employees or us
    4. We agree to provide you notice of our election of governing law, forum, venue and or dispute resolution within 14 calendar days of the initial 30 day information negotiation period.
  3. You and us agree that any procedure or dispute resolution method outlined in Clause 17 used to determine or bring to an end a Dispute is FINAL and BINDING on YOU and US and MAY NOT BE REFERRED TO ANOTHER DECISION MAKER OR METHOD OF RESOLUTION.
  4. YOU AGREE THAT IF YOU TAKE OR REFER ANY DISPUTE TO A PARTY IN A MANNER THAT IS NOT CONSISTENT WITH THIS CLAUSE 17, WE MAY SEEK INJUNCTIVE RELIEF AGAINST SUCH AN ACTION IN ANY JURISDICTION AND YOU AGREE NOT TO OPPOSE SUCH RELIEF TO US.
  5. IF WE FILE A MOTION TO DISMISS OR SOMETHING OF THE LIKE TO A DISPUTE RAISED BY YOU AND WE HAVE ALREADY CHOSEN A FORUM, VENUE OR METHOD UNDER CLAUSE 17(b)(ii) YOU AGREE TO NOT OPPOSE SUCH A MOTION AND TO AGREE WITH IT IF ASKED TO BY US.
  6. You and us agree that:
    1. no proceeding or alike shall be joined by another claim and all proceedings shall proceed alone and as the sole question, unless expressly agreed by you and us in writing.
    2. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and
    3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  7. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the method listed for determining jurisdiction above, and you and us agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

  1. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information ("Errors"). We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. We are not liable for any Errors, especially those that may give rise to a claim in equity. You and us agree that any Errors have not been used as inducement or been detrimentally relied upon and that you would have taken the Services and paid for them regardless of any Errors.

19. DISCLAIMER

  1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
  2. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

  1. IN NO EVENT WILL WE OR OUR DIRECTORS, TRUSTEES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 200 AUSTRALIAN DOLLARS.
  2. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH AN EVENT, YOU AND WE AGREE THAT OUR LIABILITY IS LIMITED TO THE STATUTORY MINIMUM.

21. INDEMNIFICATION

  1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, trustees and employees, from and against any loss, damage, liability, claim, or demand, including attorneys' fees and expenses, made by any third party due to or arising out of:
    1. use of the Services;
    2. breach of these Legal Terms;
    3. any breach of your representations and warranties set forth in these Legal Terms;
    4. your violation of the rights of a third party, including but not limited to intellectual property rights; or
    5. any overt harmful act toward any other user of the Services with whom you connected via the Services.
  2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

  1. We will maintain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  1. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
  2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
  3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

  1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

  1. These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
  2. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
  3. These Legal Terms operate to the fullest extent permissible by law.
  4. We may assign any or all of our rights and obligations to others at any time.
  5. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  6. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions, unless we determine otherwise in writing to you within 5 calendar days of such a decision being made.
  7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
  8. You agree that these Legal Terms must not be construed against us by virtue of having drafted them.
  9. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. CONTACT US

  1. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: hello@cyter.ai