Last updated: 03/02/2025
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.
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.
These Terms are supplemented by any specific agreements, such as SLAs, SCCs, or DPAs, entered into between Insurgence and the Client.
Insurgence reserves the right to modify these Terms at any time.
Any updates to the Terms will be posted on the Insurgence website, and the updated Terms will become effective upon posting.
The User is responsible for reviewing the Terms periodically. Continued use of the AI Solutions after any modifications constitutes acceptance of the revised Terms.
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.
The User is authorised to use the AI Solutions solely for business purposes related to their roles, responsibilities, and agreements with the Client.
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.
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.
Any unauthorised access or suspicious activity must be reported to Insurgence and the Client (as applicable) immediately.
The User must not:
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.
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.
Insurgence collects and processes Personal Information in accordance with the Insurgence Privacy Policy, the Privacy Act, and any applicable data protection laws.
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.
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.
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.
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.
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.
The User acknowledges that the AI Solutions may involve access to Confidential Information belonging to Insurgence or the Client.
The User must take all reasonable steps to protect such Confidential Information and may only use it as necessary to perform their authorised duties.
Disclosure of Confidential Information to unauthorised third parties is strictly prohibited unless required by law.
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.
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.
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.
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.
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.
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.
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.
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.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
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.
The failure of Insurgence to enforce any provision of these Terms does not constitute a waiver of that provision or any other provisions.
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.
If you have any questions or concerns regarding these Terms, please contact Insurgence through the contact form on https://insurgence.ai/.