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Terms & Conditions

Terms and Conditions of Use

Effective Date: 4 March 2026

Search Rank Results Pty Ltd (ABN 46 151 290 514) trading as EnvokeAI

1. Definitions & Interpretation

Service Provider: EnvokeAI Pty Ltd (ABN 46 151 290 514)

Customer: Any individual, business entity, or financial institution accessing the Services.

Services: AI agents, integrations, reporting tools, data processing, and related technology solutions as described in the Statement of Work (SOW) or subscription agreement.

Confidential Information: All non-public information exchanged between parties, including financial data, customer records, and proprietary processes.

Regulatory Compliance: Adherence to Australian Banking Regulations, including the Banking Act 1959 (Cth), Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and applicable prudential standards.

2. Scope of Services

The Services are provided as described in the executed SOW or subscription plan. Service levels, uptime guarantees, response times, and support arrangements are outlined in the applicable Service Level Agreement (SLA).

Service Modifications: EnvokeAI may update or enhance Services with 30 days’ written notice, provided such changes do not materially reduce functionality or increase security risk.

Regulatory Alignment: All Services comply with Australian financial services laws and banking industry standards.

3. Customer Obligations & Representations

3.1 Accurate Information:

Customer shall provide accurate, complete, and current information during account setup and throughout the service term. Customer is responsible for maintaining information accuracy.

3.2 Data Ownership & Licensing:
  • Customer retains full ownership of all data, documents, FAQs, scripts, and API keys uploaded to the platform.
  • Customer warrants that it possesses all necessary rights, licences, and authorizations to use such content.
  • Customer grants EnvokeAI a limited, non-exclusive licence to process data solely for service delivery purposes.

3.3 Regulatory Compliance Customer shall:

  • Comply with all applicable laws, including privacy, anti-money laundering (AML), and consumer protection regulations.
  • Ensure all end-user interactions comply with Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).
  • Maintain audit trails and documentation of data processing activities.
  • Notify EnvokeAI immediately of any suspected security breaches or regulatory violations.

3.4 Prohibited Uses Customer shall not:

  • Use Services for illegal activities, fraud, or money laundering.
  • Process data in violation of privacy or financial services laws.
  • Attempt to reverse-engineer, decompile, or access unauthorized system components.
  • Permit unauthorized third-party access to Services.

4. Fees, Billing & Payment Terms

4.1 Pricing Structure

  • Fees are charged monthly or annually as specified in the subscription plan or invoice.
  • All amounts are quoted in Australian Dollars (AUD) and exclude Goods and Services Tax (GST).
  • GST will be added to invoices where applicable.

4.2 Payment Terms

  • Payment is due within 14 days of invoice date unless otherwise agreed in writing.
  • Late payments incur interest at 10% per annum or the maximum rate permitted under law, whichever is lower.
  • Continued non-payment beyond 30 days may result in service suspension.

4.3 Subscription Terms

  • Subscription fees are non-refundable except as required by the Australian Consumer Law or applicable banking regulations.
  • Early termination requests are subject to applicable exit fees as outlined in the SOW.

4.4 Price Adjustments

  • EnvokeAI reserves the right to adjust pricing with 90 days’ written notice.
  • Customers may terminate without penalty within 30 days of price increase notification.

5. Intellectual Property Rights

5.1 EnvokeAI IP EnvokeAI retains all intellectual property rights in:

  • Platform architecture and software Documentation, training materials, and methodologies Algorithms, models, and proprietary processes Derivative works and improvements.

5.2 Customer Data

  • Customer retains ownership of all data, content, and information provided.
  • EnvokeAI may not use Customer data for any purpose beyond service delivery without prior written consent..

5.3 Feedback & Suggestions

  • Any feedback, suggestions, or ideas provided by Customer may be used by EnvokeAI without obligation or
    compensation.

6. Data Protection & Privacy

6.1 Data Controller & Processor

  • Customer acts as the Data Controller under privacy laws.
  • EnvokeAI acts as the Data Processor, handling data solely on Customer’s instructions.

6.2 Security Standards EnvokeAI shall:

  • Implement industry-standard encryption (AES-256 minimum).
  • Maintain ISO 27001 certification or equivalent security controls.
  • Conduct annual security audits and penetration testing.
  • Maintain business continuity and disaster recovery protocols with 99.5% uptime SLA.

6.3 Data Retention & Deletion

  • Upon contract termination, EnvokeAI shall assist with data export within 10 business days.
  • Customer data shall be securely deleted within 30 days unless retention is required by law.
  • EnvokeAI shall provide written confirmation of data deletion.

6.4 Privacy Compliance Customer is responsible for:

  • Obtaining necessary customer consent for data processing.
  • Complying with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
  • Maintaining Privacy Impact Assessments (PIAs) for sensitive data.
  • Implementing Data Breach Response Procedures.on.

7. Liability & Indemnification

7.1 Limitation of Liability To the maximum extent permitted by Australian law:

  • EnvokeAI’s total liability shall not exceed the total fees paid in the 12 months preceding the claim.
  • This limitation applies to all claims, whether in contract, tort, or statute.

7.2 Excluded Damages EnvokeAI is not liable for:

  • Indirect, incidental, or consequential losses.
  • Lost profits, lost revenue, or lost business opportunity.
  • Lost or corrupted data.
  • Business interruption or reputational harm.
  • Third-party claims arising from Customer’s misuse of Services.

7.3 Indemnification Customer shall indemnify and hold harmless EnvokeAI from:

  • Claims arising from Customer’s use of Services in violation of law.
  • Breach of Customer’s representations or warranties.
  • Infringement claims related to Customer-provided content.
  • Third-party claims related to Customer data or end-user actions.

7.4 Carve-Outs Nothing in these Terms limits liability for:

  • Death or personal injury.
  • Fraud or willful misconduct.
  • Breaches of confidentiality.
  • Data protection violations.
  • Liabilities that cannot be excluded under Australian Consumer Law.

8. Term, Termination & Renewal

8.1 Initial Term

  • These Terms commence on the date of first access and continue until terminated.

8.2 Termination by Customer

  • Customer may terminate with 30 days’ written notice after any initial minimum term.
  • Termination requests must be submitted in writing to the designated contact.

8.3 Termination by EnvokeAI EnvokeAI may suspend or terminate access immediately (without notice) if:

  • Customer breaches these Terms and fails to remedy within 10 days of written notice.
  • Customer fails to pay fees for more than 30 days.
  • Customer misuses Services or violates applicable laws.
  • Required by law or regulatory authority.

8.4 Effects of Termination

  • Customer’s access to Services ceases immediately.
  • Customer remains liable for all accrued fees and charges.
  • EnvokeAI shall assist with data export and deletion as outlined in Section 6.3.
  • Surviving provisions include Intellectual Property, Confidentiality, Liability, and Governing Law.

9. Confidentiality

9.1 Confidential Information

  • Each party agrees to maintain the confidentiality of the other party’s non-public information and use it solely for performing obligations under these Terms.

9.2 Permitted Disclosures Confidential information may be disclosed to:

  • Employees, contractors, and advisors with a need to know.
  • Legal counsel and auditors.
  • Regulatory authorities as required by law.

9.3 Duration

  • Confidentiality obligations survive termination for 5 years.

10. Audit & Compliance

10.1 Right to Audit

  • EnvokeAI grants Customer the right to audit compliance with these Terms upon 30 days’ written notice, no more than once annually.

10.2 Regulatory Audits 

  • Customer and EnvokeAI shall cooperate with regulatory audits, inspections, and inquiries by ASIC, APRA, or other authorities.

10.3 Documentation EnvokeAI shall maintain records of:

  • Data processing activities and security measures.
  • Incident logs and breach notifications.
  • Audit trails and access controls.
  • Compliance certifications and assessments.

11. Dispute Resolution & Governing Law

11.1 Governing Law

  • These Terms are governed by the laws of Australia (Commonwealth) and do not conflict with state-based banking regulations.

11.2 Jurisdiction

  • Both parties submit to the exclusive jurisdiction of the Federal Court of Australia and relevant state courts.

11.3 Dispute Resolution Process

  • Good Faith Negotiation (14 days)
  • Escalation to Senior Management (14 days)
  • Mediation (if mutually agreed)
  • Litigation (as last resort)

11.4 Notices 

  • All legal notices shall be sent to the addresses specified in the SOW via registered mail or email.

12. General Provisions

12.1 Entire Agreement 

  • These Terms, together with the SOW and subscription plan, constitute the entire agreement and supersede all
    prior negotiations and agreements.

12.2 Amendments

  • EnvokeAI may amend these Terms with 30 days’ written notice. Continued use of Services constitutes acceptance of amendments.

12.3 Severability

  • If any provision is held invalid, the remainder shall continue in full force and effect.

12.4 Waiver

  • Failure to enforce any right does not constitute a waiver of that right.

12.5 Assignment

  • Neither party may assign these Terms without prior written consent, except EnvokeAI may assign to affiliates or
    successors.

12.6 Force Majeure

  • Neither party is liable for delays or failures due to events beyond reasonable control (natural disasters, pandemics, government actions).

13. Contact & Support

For inquiries regarding these Terms, please contact:

 Email: privacy@envokeai.com.au
 Phone: [Contact number]
 Address: [EnvokeAI registered office address]

Support Hours: Monday–Friday, 9:00 AM – 5:00 PM AEDT

14. Regulatory Certifications

  • Compliant with Banking Act 1959 (Cth)
  • Compliant with Privacy Act 1988 (Cth)
  • Compliant with Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
  •  ISO 27001 Information Security Management
  • Australian Consumer Law Compliant