Terms of Services

Last update: 03/02/2025

  1. Introduction

These Terms of Use (Terms) govern the access and use of the AI solutions provided by InsurgenceAI Pty Ltd (Insurgence) to enterprises, their employees, contractors, and any authorised users (User). These Terms are in compliance with Australian law, including the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), and related legislation.

By accessing or using Insurgence AI solutions, the User agrees to comply with and be bound by these Terms.

  1. Definitions and Acronyms

  • ABN: Australian Business Number.

  • AI: Artificial intelligence.

  • AI Solutions: The AI systems, platforms, software, bots, or tools developed and provided by Insurgence to facilitate automation, data analysis, and other business operations of the Client.

  • API: Application programming interface.

  • APPs: Australian Privacy Principles.

  • BCRs: Binding Corporate Rules.

  • Client: A company or organisation that has entered into an agreement with Insurgence to access and use the AI Solutions.

  • Competition and Consumer Act: The Competition and Consumer Act 2010 (Cth).

  • Confidential Information: Any non-public information disclosed by Insurgence or the Client that is identified as confidential, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

  • Cth: Commonwealth.

  • DPA: Data Processing Agreement.

  • EEA: European Economic Area.

  • GDPR: General Data Protection Regulation, a European Union regulation on information privacy in the European Union and the European Economic Area.

  • Insurgence: InsurgenceAI Pty Ltd.

  • Personal Information: Any information that identifies or could reasonably identify an individual, as defined under the Privacy Act.

  • Privacy Act: Australian Privacy Act 1988.

  • SCCs: Standard Contractual Clauses.

  • SLA: Service Level Agreement.

  • Terms: The Terms of Use as provided in this Terms of Use document.

  • URL: Uniform Resource Locator, the address of a unique resource on the internet.

  • User: An individual authorised by the Client, such as an employee or contractor, who accesses and uses the AI Solutions.

  1. Interpretation

  • Defined terms have the meanings given to them in Clause 2.

  • Unless the context otherwise requires, words importing the singular include the plural and vice versa.

  • Words denoting any gender include all genders.

  • References to a person include an individual, company, body corporate, partnership, trust, or other legal entity.

  • Headings are for ease of reference and do not affect interpretation.

  • A reference to legislation or a provision of legislation includes any modification, re-enactment, or substitution of that legislation or provision.

  • A reference to a document or agreement includes any variation, novation, or replacement of it.

  • Words such as “including” or “for example” are not to be interpreted as limiting.

  • References to dollars are to Australian dollars (AUD).

  • Dates and times are to be interpreted based on the time zone in Melbourne, Victoria, Australia.

  • If any provision of the contract is invalid or unenforceable, the remaining provisions remain in effect.

  • No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement.

  • References to clauses, schedules, and annexures are references to those within the Agreement, and the schedules and annexures form part of the Agreement.

  • Defined terms are capitalised for ease of identification, and they have the meaning assigned to them wherever they appear in this Terms of Use document.

  1. Acceptance of Terms

4.1 Agreement to be Bound

By accessing or using the AI Solutions, the User acknowledges that they have read, understood, and agreed to be bound by these Terms. Users who do not agree with these Terms must not use the AI Solutions.

4.2 Supplements to Terms

These Terms are supplemented by any specific agreements, such as SLAs, SCCs, or DPAs, entered into between Insurgence and the Client.

5. Modifications to the Terms

5.1 Right to Modify Terms

Insurgence reserves the right to modify these Terms at any time.

5.2 Updates

Any updates to the Terms will be posted on the Insurgence website, and the updated Terms will become effective upon posting.

5.3 Continued Use

The User is responsible for reviewing the Terms periodically. Continued use of the AI Solutions after any modifications constitutes acceptance of the revised Terms.

6. User Obligations

6.1 Authorised Use
6.1.1 Lawful Purposes

The User must use the AI Solutions only for lawful purposes and in compliance with these Terms, applicable laws, and any policies or agreements between Insurgence and the Client.

6.1.2 Business Purposes

The User is authorised to use the AI Solutions solely for business purposes related to their roles, responsibilities, and agreements with the Client.

6.1.3 Non-Interference

The User must not use Insurgence AI Solutions in any manner that could interfere with, disrupt, or negatively affect the functionality of the AI Solutions or infringe upon the rights of Insurgence, other Users, or third parties.

6.2 Security and Account Responsibility
6.2.1 Protection from Unauthorised Access

The User must take all reasonable steps to protect their login credentials and account from unauthorised access. The User is responsible for any activity that occurs under their account.

6.2.2 Reporting Unauthorised Access

Any unauthorised access or suspicious activity must be reported to Insurgence and the Client (as applicable) immediately.

7. Prohibited Conduct

The User must not:

  • Use the AI Solutions for unlawful, harmful, or fraudulent activities.

  • Transmit, upload, or share any content that is offensive, inappropriate, or violates third-party intellectual property rights.

  • Reverse-engineer, decompile, or attempt to discover the source code of the AI Solutions unless permitted by law.

  • Circumvent any security measures or attempt to gain unauthorised access to systems, networks, or data.

8. Intellectual Property

8.1 Ownership

Insurgence owns all intellectual property rights related to the AI Solutions, including any software, algorithms, data models, and documentation, unless expressly stated otherwise in relevant and related specific agreements. The use of the AI Solutions does not grant the User any ownership rights.

8.2 License

Subject to compliance with these Terms, Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the AI Solutions. This license is strictly for the business purposes authorised by the Client and may be revoked at any time for breach of these Terms.

9. Data Protection and Privacy

9.1 Collection of Personal Information
9.1.1 Collection and Processing of Personal Information

Insurgence collects and processes Personal Information in accordance with the Insurgence Privacy Policy, the Privacy Act, and any applicable data protection laws.

9.1.2 Acknowledgement by User

The User acknowledges that their Personal Information, including names, email addresses, and work-related data, may be processed to enable the functionality of the AI Solutions.

9.2 Data Use

The AI Solutions may collect, store, and analyse data input by the User, including documents, messages, and other communications, to perform tasks such as document processing, data extraction, and automation.

9.3 Data Security

Insurgence implements industry-standard security measures to protect Personal Information and Confidential Information. The User must also take reasonable precautions to protect data that they input into the AI Solutions.

9.4 Data Retention

Personal and business-related data will be retained only for as long as necessary to fulfil the purposes for which it was collected unless a longer retention period is required by law or agreed with the Client.

9.5 Cross-Border Data Transfers

Where data is transferred outside Australia or the EEA, such as to third-party cloud service providers, Insurgence ensures that any such transfers comply with the Privacy Act and related international data protection regulations. Appropriate contractual safeguards, such as SCCs, are implemented where necessary.

10. Confidentiality

10.1 User Acknowledgement

The User acknowledges that the AI Solutions may involve access to Confidential Information belonging to Insurgence or the Client.

10.2 Protection of Confidential Information

The User must take all reasonable steps to protect such Confidential Information and may only use it as necessary to perform their authorised duties.

10.3 Prohibition to Disclose

Disclosure of Confidential Information to unauthorised third parties is strictly prohibited unless required by law.

11. Warranties and Disclaimers

11.1 No Warranty

The AI Solutions are provided “as is” and “as available,” without any warranties or guarantees, express or implied. To the fullest extent permitted by law, Insurgence disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation of Liability

To the extent permitted by law, Insurgence is not liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits or data, arising from the use of or inability to use the

AI Solutions, even if Insurgence has been advised of the possibility of such damages.

11.3 Consumer Guarantees

Nothing in these Terms limits or excludes any rights or remedies that the User or the Client may have under the Competition and Consumer Act 2010 (Cth) or other applicable Australian legislation. Users may be entitled to statutory guarantees under Australian Consumer Law, and nothing in these Terms intends to exclude, restrict, or modify such guarantees.

12. Indemnification

The User agrees to indemnify and hold Insurgence harmless from any claims, liabilities, damages, losses, or expenses arising out of their use of the AI Solutions, violation of these Terms, or infringement of any third-party rights.

13. Termination and Suspension

13.1 Termination by User

The User may cease using the AI Solutions at any time. However, termination by a User does not terminate any obligations of the Client under its agreement with Insurgence.

13.2 Termination or Suspension by Insurgence

Insurgence reserves the right to terminate or suspend access to the AI Solutions for any User who breaches these Terms, violates applicable laws, or otherwise engages in misconduct. Termination or suspension may occur without prior notice in cases of serious misconduct.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the state of Victoria, Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

15. Dispute Resolution

In the event of any disputes relating to these Terms or the AI Solutions, the User and Insurgence agree to first attempt to resolve the dispute amicably through negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue legal action or, if mutually agreed, mediation or arbitration.

16. Miscellaneous

16.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.2 Entire Agreement

These Terms, together with any specific agreements between Insurgence and the Client, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior agreements or understandings.

16.3 Waiver

The failure of Insurgence to enforce any provision of these Terms does not constitute a waiver of that provision or any other provisions.

16.4 Assignment

The User may not assign or transfer their rights or obligations under these Terms without prior written consent from Insurgence. Insurgence may assign or transfer the rights and obligations of Insurgence without consent.

17. Contact Information

If you have any questions or concerns regarding these Terms, please contact Insurgence through the contact form on https://insurgence.ai/.