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Terms

Terms of service

These terms set out the conditions under which EnvokeAI provides services.

1. Definations

Term Definition: Agreement These Terms of Service, the Statement of Work (SOW), and
subscription plan

Customer: The entity or individual using our Services, Services AI agents, integrations, reporting, data processing, and related solutions.

Confidential Information: Non-public data and proprietary information Data. All information, documents, and content you provide 

2. Services Description & Scope

2.1 Services Provided

EnvokeAI provides:

  •  Artificial Intelligence agent technology
  • System integrations and API connectivity
  • Real-time reporting and analytics dashboards
  • Customer support and onboarding assistance
  • Data processing and automation services

2.2 Service Availability

We aim to maintain reliable service availability. Details regarding specific uptime commitments are outlined in your Service Level Agreement (SLA) if applicable to your subscription plan.

2.3 Service Updates

We may update, modify, or enhance Services with 30 days’ prior written notice. We will notify you of significant changes via email.

2.4 Beta Features

Some features may be offered as “beta” or experimental. These are provided as-is without guarantees and may change or be discontinued.

3. Your Responsibilities & Commitments

3.1 Account Information

You agree to:

  • Provide accurate and complete information during registration
  • Keep your account information current
  • Notify us immediately of any account changes
  • Maintain the confidentiality of your login credentials
  • Accept responsibility for all activity under your account

3.2 Data You Upload

You represent that:

  • You own or have the right to use all data you upload
  • You have obtained all necessary permissions and consents
  • Your data does not violate any laws or third-party rights
  • You are responsible for the accuracy of your data

3.3 Acceptable Use

You agree NOT to:

  • Use our Services for illegal activities or fraud
  • Attempt to hack, breach, or gain unauthorized access
  • Reverse-engineer or attempt to discover our source code
  • Share your login credentials with unauthorized people
  • Use our Services to harm others or violate laws Interfere with or disrupt our systems

3.4 Compliance with Laws

You agree to comply with:

  • All applicable Australian laws and regulations
  • Privacy laws, including the Privacy Act 1988 (Cth)
  • Anti-money laundering and counter-terrorism financing laws
  • Any other relevant regulations in your jurisdiction

3.5 Your Content Responsibility

You are solely responsible for:

  • All content you upload or create
  • Ensuring your content is legal and does not infringe rights
  • Removing any prohibited or unlawful content

4. Fees, Payment & Billing

4.1 Pricing

  • Subscription fees are charged monthly or annually as specified in your plan
  • All prices are in Australian Dollars (AUD)
  • GST will be added where applicable

4.2 Payment Terms

  • Payment is due within 14 days of invoice
  • We accept bank transfer, credit card, and direct debit
  • Late payments will incur interest at 10% per annum (or the maximum rate permitted by law)
  • If payment is not received within 30 days, we may suspend your access

4.3 Non-Refundable Fees

Subscription fees are generally non-refundable. Refunds may only be provided:

  • As required by the Australian Consumer Law
  • If we are unable to provide the Services due to our fault
  • As otherwise specified in writing

4.4 Price Changes

We may adjust our pricing with 90 days’ written notice. If you do not accept the new price, you may cancel your subscription within 30 days without penalty.

4.5 Additional Fees

Extra charges may apply for:

  • Usage beyond your plan limits
  • Premium support services
  • Custom development or integrations
  • Data export or migration services

5. Intellectual Property

5.1 Our Intellectual Property

EnvokeAI owns all rights to:

  • Our platform, software, and code
  • Our documentation, design, and user interface
  • Our algorithms, methodologies, and processes
  • All improvements and updates we make

5.2 Your Data & Content

You retain full ownership of:

  • All data, documents, and content you upload
  • Your original creative works
  • Your intellectual property

5.3 How We Use Your Data

You grant us permission to:

  • Process your data to provide our Services
  • Store your data to deliver Services to you
  • Create backups for security purposes
  • Comply with legal obligations

We will NOT:

  • Use your data for marketing without your permission
  • Share your data with third parties (except as required by law)
  • Create products using your data
  • Sell or license your data

5.4 Feedback

Any feedback or suggestions you provide may be used by us without obligation.

6. Data Protection & Privacy

6.1 Data Protection

We take data security seriously and implement:

  • Encryption for data in transit and at rest
  • Access controls and authentication
  • Regular security reviews
  • Backup and disaster recovery procedures

6.2 Data Breach Notification

If we discover a security breach affecting your data:

  • We will notify you as soon as reasonably practicable
  • We will provide details about what happened and how it affects you
  • We will cooperate with any investigation or remediation

6.3 Data Retention & Deletion

You are responsible for:

  • Obtaining necessary consents from your data subjects
  • Complying with privacy laws in your jurisdiction
  • Managing data subject requests (access, deletion, etc.)
  • Implementing your own data protection measures

6.5 Third-Party Service Providers

  • We may use third-party service providers to help deliver Services.
  • We will only use providers who have agreed to protect your data.

7. Liability & Your Indemnification

7.1 Our Liability Limitations

To the maximum extent permitted by law:

  • Our total liability is limited to the amount you have paid us in the 12 months before your claim
  • We are not liable for indirect or consequential damages
  • We are not liable for lost data, lost profits, or business interruption

7.2 We Are NOT Liable For:

  • Indirect, incidental, or consequential damages
  • Lost profits, lost revenue, or lost business
  • Lost or corrupted data
  • Service interruptions or downtime
  • Third-party actions or claims
  • Your misuse of our Services

7.3 Important Exceptions

Nothing in these Terms limits our liability for:

  • Death or personal injury
  • Fraud or willful misconduct
  • Breach of confidentiality
  • Breaches of law that cannot be limited
  • Consumer protections under the Australian Consumer Law

7.4 You Agree to Indemnify Us

You agree to protect us from claims arising from:

  • Your use of our Services in violation of law
  • Your breach of these Terms
  • Your data or content infringing someone’s rights
  • Third-party claims related to your actions

8. Term, Termination & What Happens After

8.1 When These Terms Start

These Terms begin when you first access our Services.

8.2 Your Subscription Term

  • Your initial subscription is for the period specified in your plan
    (typically 12 months)
  • Unless you cancel, your subscription will automatically renew
  • You must give 30 days’ notice before renewal if you want to cancel

8.3 You Can Cancel

You may cancel your subscription:

  • After your initial term with 30 days’ written notice
  • Immediately if we seriously breach these Terms and don’t fix it within 10 days
  • Without penalty if we increase prices significantly (you have 30 days to decide)

8.4 We Can Suspend or Terminate

We may suspend or cancel your access immediately if:

  • You breach these Terms and don’t fix it within 10 business days
  • You don’t pay your invoice for more than 30 days
  • You use our Services illegally or harmfully
  • We are required to do so by law

8.5 What Happens When You Cancel

When your subscription ends:

  • You lose access to our Services immediately
  • You remain responsible for all fees owed
  • You can request your data export
  • We will delete your data within 30 days
  • Certain sections survive (see Section 8.6)

8.6 Sections That Continue After Cancellation

The following continue even after termination:

  • Intellectual Property Rights
  • Confidentiality
  • Liability & Indemnification
  • Governing Law

9. Confidentiality

9.1 Protecting Each Other's Information

Each of us agrees to:

  • Keep the other’s non-public information confidential
  • Use that information only to provide or receive Services
  • Protect that information with reasonable security
  • Not disclose it to others without permission

9.2 When We Can Share Information

We may share information with:

  • Our employees and contractors (only as needed)
  • Our advisors (lawyers, accountants, auditors)
  • Government authorities or courts (as legally required)
  • Our successors if we’re acquired

9.3 Information That's NOT Confidential

This doesn’t apply to information that:

  • Is already publicly available
  • Was known before we shared it
  • Is independently developed
  • Is rightfully received from someone elsee)

9.4 How Long This Lasts

These confidentiality obligations continue for 5 years after the agreement ends.

10. Compliance & Regulatory

10.1 Audits

You may audit our compliance with these Terms:

  • With 30 days’ written notice
  • No more than once per year (unless there’s cause)
  • During business hours
  • At your own expense

10.2 Working with Regulators

We will cooperate with:

  • Government audits and investigations
  • Court orders and legal process
  • Compliance inquiries
  • Any regulatory requests

10.3 Records We Keep

We maintain records of:

  • How we process and protect data
  • Security measures we use
  • Any security incidents
  • Access and usage logs

11. Dispute Resolution & Governing Law

11.1 Which Law Applies

These Terms are governed by Australian law (Commonwealth and applicable state/territory laws).

11.2 Where Disputes Are Resolved

Both parties agree to resolve disputes in the Australian courts.

11.3 How We Resolve Disputes

If there’s a dispute, we will try to resolve it as follows:

Step 1 – Direct Discussion (14 days)

We discuss the problem directly with you
Aim: Find a fair solution without lawyers

Step 2 – Management Escalation (14 days)

If not resolved, escalate to our management
More formal discussion of the issue

Step 3 – Mediation (optional)

If both parties agree, use an independent mediator
Aim: Reach a settlement

Step 4 – Court

If all else fails, either party may go to court

11.4 Legal Notices

Send any legal notices to:

Email: contact@envokeai.com.au
Mail: 308 Wattle Street, Ultimo NSW 2007, Australia

12. General Terms

12.1 This Is the Whole Agreement

These Terms (plus your SOW and subscription plan) are the complete agreement between us. They replace all prior discussions or agreements.

12.2 We Can Change These Terms

We may update these Terms with:

  • 30 days’ written notice to you
  • Your continued use means you accept the changes
  • You can cancel without penalty if you disagree

12.3 If Part of This Is Invalid

If any part of these Terms is found to be invalid:

  • That part is removed
  • The rest of the agreement continues

12.4 We Don't Give Up Our Rights

If we don’t enforce something, it doesn’t mean we’ve given up that right.

12.5 You Can't Transfer Your Rights

  • You cannot assign these Terms to someone else without our permission.
  • We may assign to affiliates or successors.

12.6 Force Majeure

We are not responsible for delays or failures caused by:

  • Natural disasters, pandemics, or acts of God
  • Government actions or wars
  • Internet outages or utility failures
  • Events beyond our reasonable control

(But this does NOT excuse payment obligations.)

12.7 We're Not Partners

Nothing in these Terms creates a partnership, joint venture, or employment relationship.

13. Contact & Support

For General Inquiries:

Email: contact@envokeai.com.au
Response Time: We aim to respond within 24–48 hours

For Privacy & Compliance Questions:

Email: privacy@envokeai.com.au

For Billing Questions:

Email: billing@envokeai.com.au

14. Regulatory Compliance

EnvokeAI operates in accordance with applicable Australian laws and
regulations, including:

  • Privacy Act 1988 (Cth)
  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
  • Competition and Consumer Act 2010 (Cth) – Australian Consumer Law
  • Telecommunications Act 1997 (Cth)

We are committed to:

  • Protecting your privacy and data
  • Complying with all applicable laws
  • Operating transparently with our customers
  • Resolving disputes fairly

15. Key Terms Glossary

Term What It Means

  • Business Day Monday–Friday, excluding Australian public holidays
  • Data All information and content you provide to us
  • Services Our AI technology, integrations, reporting tools, and support
  • Breach Serious violation of these Terms Confidential Information Non-public information either party shares
    Force Majeure Events beyond reasonable control