Terms of Use

InsurgenceAI Pty Ltd
ABN: 14 675 398 133

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.

2. 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.

3. 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.

4. 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 ‘Get in Touch’ button at https://insurgence.ai/.

Privacy Policy

InsurgenceAI Pty Ltd
ABN: 14 675 398 133

1. Introduction

This Privacy Policy outlines how InsurgenceAI Pty Ltd (Insurgence) – a provider of AI solutions for enterprises – collects, uses, stores, and discloses your personal information in compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) and the General Data Protection Regulation (GDPR) for individuals in the European Economic Area (EEA). This policy applies to the personal data collected and processed through Insurgence AI solutions and services integrated into enterprise systems.

2. Collection of Personal Information

2.1 Purpose

Insurgence collects personal information to provide AI-driven solutions that automate document processing, workflows, and other enterprise client functions.

2.2 Types of Information Collected

Insurgence collects personal information including, but not limited to:

• Your name, email address, company name, and job title.
• Profile information such as preferred language.
• Data provided via team communication platforms (e.g., team or chat names, member details).
• Any other information required to fulfil the services provided by Insurgence.

2.3 Compliance with Regulations

Under both the APPs (APP 3) and the GDPR (Article 6), Insurgence ensures that:

• Collection is limited to necessary data for Insurgence business operations.
• Data is obtained either directly from you or through enterprise clients who have engaged Insurgence to deliver AI solutions.

3. Use of Personal Information

3.1 Personal Data

Insurgence uses your personal data to:

• Provide and improve Insurgence AI services.
• Automate processes, such as completing document templates or sending notifications.
• Analyse and optimise Insurgence services for better efficiency and user experience.

3.2 Legal Basis for Processing Personal Data

The legal basis for processing personal data under the GDPR (Article 6) includes:

• Performance of a contract.
• Compliance with legal obligations.
• Legitimate interests, such as improving the services provided by Insurgence.

4. Disclosure of Personal Information

4.1 Disclosure to Third Parties

Insurgence does not disclose personal data to third parties without your consent, except where required by law or to deliver services as outlined in this policy. In compliance with APP 6 and GDPR Articles 13 and 14, Insurgence ensures transparency regarding any disclosure to third-party service providers or other entities, ensuring data security and protection.

4.2 Sharing of Data

Data may be shared:

• With your enterprise organisation for the purposes of service delivery.
• With third-party service providers who assist in fulfilling the contractual obligations of Insurgence (e.g., hosting providers or analytics services).

5. Data Security and Retention

5.1 Security Measures

Insurgence takes reasonable steps to protect your personal information from misuse, loss, or unauthorised access, in compliance with APP 11 and GDPR Article 32 (Data Security). Security measures include:

• Encryption of data in transit and at rest.
• Access control mechanisms.
• Regular security audits and monitoring.

5.2 Data Retention

Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected, in line with APP 11 and GDPR Article 5(1)(e).

6. Access, Correction, and Accuracy

6.1 Right to Access

You have the right to access the personal information Insurgence holds about you, to correct any inaccuracies, and to ensure your data is complete and up-to-date under APP 12 and GDPR Article 15 (Right of Access) and Article 16 (Right to Rectification).

6.2 Access or Correct Information

You may request access or correction by contacting Insurgence. Insurgence aims to respond to requests within a reasonable time frame, ensuring compliance with both APP 12 and GDPR regulations.

7. The Right to Be Forgotten (Erasure)

7.1 Right to Request Deletion

Under GDPR Article 17 and consistent with APP 11, you have the right to request the deletion of your personal data where:

• The data is no longer necessary for the purposes it was collected.
• You withdraw your consent (where consent was the legal basis for processing).
• The data has been unlawfully processed.

7.2 Action on Valid Requests

Insurgence will action any valid requests for erasure – working with the enterprise client as appropriate – unless required by law to retain the information or for the establishment, exercise, or defence of legal claims.

8. Data Portability

8.1 Right to Data Portability

Under GDPR Article 20, you have the right to data portability, meaning you can request that Insurgence provides your personal data in a structured, commonly used, and machine-readable format.

8.2 Request to Send to Another Organisation

You can also request that Insurgence transmits your data directly to another organization, where technically feasible.

9. Restriction of Processing

9.1 Restrict Processing of Data

Under GDPR Article 18, you may request that Insurgence restricts the processing of your data where:

• You contest the accuracy of the data.
• The processing is unlawful, but you oppose the deletion of the data.
• Insurgence no longer needs the data, but you require it for legal claims.

9.2 Storage of Data

In such cases where you request that Insurgence restrict the processing of your data, Insurgence will store your data but cease any other processing until the restriction is lifted.

10. Automated Decision-Making and Profiling

10.1 Automated Decision-Making

Insurgence AI solutions may involve some level of automated decision-making. However, under GDPR Article 22, you have the right not to be subject to decisions based solely on automated processing (including profiling) that produce legal or similarly significant effects.

10.2 Human Intervention in Decision-Making

If applicable, you can request human intervention in decision-making, express your point of view, or contest the decision.

11. Cross-Border Data Transfers

11.1 Transfer of Data Outside Australia or the EEA

Where personal data is transferred outside Australia or the EEA (for example, to cloud service providers), Insurgence ensures that such transfers comply with APP 8 and GDPR Chapter V (Articles 44-50), using appropriate safeguards such as:

• Standard Contractual Clauses (SCCs).
• Binding Corporate Rules (BCRs).

11.2 Third-Party Recipients of Data

Insurgence ensures that any third-party recipients of data provide the same level of protection as required by these regulations.

12. Continuous Improvement and Updates

12.1 Commitment to Compliance

In line with APP 1.2 and GDPR Article 5(1)(d), Insurgence is committed to reviewing and updating Insurgence privacy practices regularly to ensure ongoing compliance and to respond to changes in data protection laws. This includes periodic updates to this Insurgence Privacy Policy and Insurgence internal procedures.

13. Complaints and Dispute Resolution

If you have any concerns about how Insurgence handles your personal data, you may lodge a complaint with Insurgence by contacting Insurgence through the ‘Get in Touch’ button at https://insurgence.ai/. Insurgence will take steps to resolve your concerns in accordance with APP 1.6 and GDPR Article 77, which entitles individuals to lodge a complaint with their relevant data protection authority if unsatisfied with the response from Insurgence.

14. Glossary

• ABN: Australian Business Number.
• Act: Australian Privacy Act 1988.
• APPs: Australian Privacy Principles.
• AI: Artificial Intelligence.
• API: Application Programming Interface.
• BCRs: Binding Corporate Rules.
• Cth: Commonwealth.
• 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.
• SCCs: Standard Contractual Clauses.
• URL: Uniform Resource Locator, the address of a unique resource on the internet.

Permissions

InsurgenceAI Pty Ltd
ABN: 14 675 398 133

1. Introduction

This Permissions Agreement outlines the specific access and data permissions required by InsurgenceAI Pty Ltd (Insurgence) to operate its AI services effectively.

While the Insurgence Terms of Use address your general legal responsibilities and obligations, this document focuses specifically on the permissions you grant for Insurgence AI Solutions to function optimally. By using the Insurgence AI Solutions developed for the Client, you consent to the permissions outlined below.

This Permissions Agreement is distinct from the Insurgence Terms of Use and the Insurgence Privacy Policy. This Permissions Agreement specifically highlights the types of data access and interactions necessary for the AI Solutions developed by Insurgence, while the Terms of Use address broader legal considerations, and the Privacy Policy outlines how Insurgence handles your personal data in compliance with the Australian Privacy Principles (APPs) and General Data Protection Regulation (GDPR).

By using Insurgence AI Solutions, you agree to the permissions outlined in this agreement. These permissions are necessary for the AI Solution to function effectively and are limited to the scope of AI Solution services provided by Insurgence.

2. Definitions and Acronyms

• ABN: Australian Business Number.
• AI: Artificial intelligence.
• AI Solution: 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.
• APPs: Australian Privacy Principles.
• Client: A company or organisation that has entered into an agreement with Insurgence to access and use the AI Solutions.
• Cth: Commonwealth.
• 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.
• Privacy Act: Australian Privacy Act 1988.
• Permissions: The permissions as provided in this Permissions Agreement 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.

3. 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.

4. Data Access Permissions

To provide Insurgence services, Insurgence AI Solutions will need access to various data sources and systems within the Client’s enterprise. These permissions are necessary to ensure that the AI Solution can function as intended:

4.1 User Profile Information

Insurgence requires access to basic user information such as your name, email address, company name, and preferred language. This data allows Insurgence to personalise your experience and manage communications between the AI Solution, you, and your team.

4.2 Document Processing

You grant permission for the Insurgence AI Solution to access, retrieve, and process data from documents provided via URLs or other specified data sources. For example, the Insurgence AI Solution may extract relevant information from documents and databases to populate a template Excel sheet or other database with the necessary details. This document processing is central to the AI’s operation and automation functionality.

4.3 Third-Party System Integration

Where applicable, the Insurgence AI Solution will integrate with third-party platforms, such as communication and collaboration tools (e.g., Slack, Microsoft Teams), to retrieve data or communicate within your team’s workspace. You agree to grant access to:

• Messages and Data: Receive and process messages and data from you or your team.
• Profile and Team Information: Access details such as chat or team member names, email addresses, and roster information to assist in task automation and communication.
• Messaging and Notifications: You authorise the AI Solution to send notifications and messages directly to your team, both individually and in team or chat channels. These messages will include project updates, task notifications, and alerts based on the AI’s processing results.

4.4 Team Interaction

If you are working within a team environment, the AI Solution will access and interact with team member data (e.g., names, email addresses, and roles) to facilitate communication and task management. The AI’s interaction is essential for task delegation, document sharing, and reporting.

5. Data Usage and Retention

5.1 Temporary Storage

The Insurgence AI Solution may temporarily store your data during active processing, such as while filling out templates or analysing documents. Once the task is completed, the data will be securely deleted unless otherwise specified in a contractual agreement.

5.2 Limited Use

The data accessed by the Insurgence AI Solution will only be used for the specific purposes outlined in the Client agreement with Insurgence, such as automating tasks, analysing documents, or providing data insights. No personal or corporate data will be used outside the agreed-upon scope.

5.3 Compliance with Data Regulations

Insurgence is committed to adhering to all relevant privacy laws, including the Australian Privacy Principles (APPs) and General Data Protection Regulation (GDPR). This means that all data collected, stored, or processed will be handled with strict compliance to these regulations.

• Data Minimisation (GDPR Article 5): Only the data necessary for the operation of the Insurgence AI Solution will be collected.
• Purpose Limitation (GDPR Article 6): Data will only be used for the purposes it was collected for, ensuring compliance with both Australian and European privacy standards.
• Data Security (APP 11, GDPR Article 32): Insurgence implements robust measures to protect your data from misuse, loss, or unauthorised access.

6. Revoking Permissions

6.1 Opt-Out and Revocation

At any time, you can revoke the Insurgence AI Solution’s access to specific data or systems by adjusting your permissions settings. Revocation of access may impact the AI Solution’s functionality and ability to perform certain tasks. Upon revocation, Insurgence will ensure that any data stored temporarily is promptly deleted, unless otherwise required for Insurgence compliance purposes.

6.2 Data Subject Rights

Insurgence adheres to the GDPR and the rights that are complementary to the protections provided by the APPs.

• Right of Access (GDPR Article 15): You may request access to your personal data held by the Insurgence AI Solution.
• Right to Rectification (GDPR Article 16): You have the right to request correction of inaccurate or incomplete data.
• Right to Erasure (GDPR Article 17): You can request that your personal data be erased, particularly where it is no longer necessary for the purposes it was collected.
• Right to Data Portability (GDPR Article 20): You have the right to receive your data in a structured, commonly used format and transfer it to another service provider if needed.

7. Ongoing Access and Support

7.1 IT and Security Support

Insurgence will provide ongoing IT and security support to ensure the Insurgence AI Solution functions correctly within the enterprise environment of the Client. This includes ensuring data access permissions are properly configured, monitored, and managed.

7.2 User Support

Insurgence offers dedicated customer success services, which include:

• Ongoing Mentorship: Providing guidance to the business units of the Client on how to effectively use the AI Solution.
• Continuous Improvement: Regular feedback loops and updates to ensure the AI Solution evolves alongside the Client’s business needs and remains compliant with the latest privacy and security standards.

7.3 Documentation and Knowledge Management

Insurgence will provide detailed documentation outlining the AI Solution’s use, permissions management, and data access processes. This includes maintaining a knowledge base for your team to reference when interacting with the AI Solution, ensuring transparency and operational efficiency.

8. Security Measures

8.1 Data Encryption

All data transmitted between Insurgence AI Solutions and the Client systems will be encrypted using industry-standard encryption protocols, ensuring data is secure both in transit and at rest.

8.2 Access Controls

Strict access controls will be in place to limit who within the Client’s organisation and the Insurgence team can view or manipulate data processed by the AI. This ensures compliance with both APPs and GDPR’s principles of confidentiality and data integrity (GDPR Article 32).

9. Contact Information

If you have any questions or concerns regarding this Permissions Agreement, please contact Insurgence through the ‘Get in Touch’ button at https://insurgence.ai/.