Terms of Service

1.1 Definitions

In these Terms of Service, unless the context otherwise requires:

"Account" means the account created by a User or Customer to access the Platform.

"Administrator" means a User designated by the Customer with administrative privileges to manage the Customer's Account, including adding or removing Users, configuring settings, and managing integrations.

"Alexia" means the AI-powered operating platform for business that provides business intelligence, communication intelligence, goal and task management, specialised AI assistants, document analysis, and voice/chat interfaces.

"AI Output" means any content, insights, reports, recommendations, analysis, or other materials generated by the artificial intelligence features of the Platform.

"ATS" means Applicant Tracking System - the Teamified recruitment and applicant tracking functionality that enables job posting, candidate management, interview scheduling, and hiring workflows.

"Customer" means the individual or Organisation that has agreed to these Terms and has an active Account to use the Platform.

"Customer Data" means all data, information, content, files, documents, and materials that a Customer or its Users upload, submit, store, or transmit through the Platform, including data accessed through Integrations.

"Documentation" means the user guides, help articles, API documentation, and other instructional materials we make available regarding the Platform.

"Effective Date" means the date on which the Customer first accepts these Terms or begins using the Platform, whichever is earlier.

"HRIS" means Human Resources Information System - the Teamified human resources management functionality that enables employee records management, leave management, performance tracking, and HR workflows.

"Integrations" means connections between the Platform and Third-Party Services that allow data to be shared or synchronised.

"Jobseeker Portal" means the Teamified candidate-facing portal that enables job seekers to search for opportunities, submit applications, track application status, and manage their candidate profile.

"Organisation" means a company, partnership, trust, government body, or other legal entity.

"Platform" means the Teamified product suite, including Alexia, HRIS, ATS, Team Connect, Jobseeker Portal, and any other products, features, applications, services, and APIs we provide, whether accessed via web, mobile, desktop, or other interfaces.

"Subscription" means the paid plan selected by the Customer that determines access to Platform features, usage limits, and pricing.

"Team Connect" means the Teamified collaboration and communication functionality that enables team messaging, video conferencing, file sharing, and workplace social features.

"Teamified" means also referred to as "we," "us," or "our" - Teamified Pty Ltd, a company registered in Victoria, Australia.

"Terms" means these Terms of Service, as amended from time to time.

"Third-Party Services" means external applications, platforms, tools, or services not operated by Teamified that may be connected to or used in conjunction with the Platform.

"User" means any individual who accesses or uses the Platform under a Customer's Account, including Administrators and end users.

1.2 Interpretation

In these Terms:

• -Headings are for convenience only and do not affect interpretation.
• -The singular includes the plural and vice versa.
• -A reference to a statute includes its amendments and replacements.
• -"Including" and similar expressions are not words of limitation.
• -References to "days" mean calendar days unless otherwise specified.

2.1 Agreement to Terms

By accessing or using the Platform, creating an Account, or clicking "I Accept" (or similar), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2.2 Authority to Bind Organisation

If you are using the Platform on behalf of an Organisation:

• -You represent and warrant that you have the authority to bind that Organisation to these Terms.
• -"Customer" refers to that Organisation, and you are agreeing to these Terms on its behalf.
• -You are personally responsible for ensuring the Organisation's compliance with these Terms.

2.3 Additional Terms

Certain Platform features or products may be subject to additional terms, policies, or agreements. Where additional terms apply, we will make them available to you, and they are incorporated into these Terms by reference. In the event of conflict, the additional terms prevail to the extent of the inconsistency.

2.4 Eligibility

To use the Platform, you must:

• -Be at least 18 years of age.
• -Have the legal capacity to enter into a binding agreement.
• -Not be prohibited from using the Platform under applicable laws.

3.1 The Teamified Product Suite

The Platform comprises an integrated suite of products designed to support business operations:

3.2 Platform Availability

Access to specific products and features depends on your Subscription plan. Not all products or features are available on all plans. We may modify, update, or discontinue features with reasonable notice.

3.3 Beta Features

We may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "as is" without warranty, may be unstable, and may be modified or discontinued at any time without notice.

4.1 Account Creation

To use the Platform, you must create an Account by providing accurate, current, and complete information. You agree to update your Account information promptly if it changes.

4.2 Account Security

You are responsible for:

• -Maintaining the confidentiality of your Account credentials.
• -All activities that occur under your Account.
• -Implementing appropriate security measures, including strong passwords and multi-factor authentication where available.
• -Promptly notifying us at security@teamified.com.au if you become aware of any unauthorised access to your Account.

4.3 Administrator Responsibilities

If you are an Administrator, you are responsible for:

• -Managing User access and permissions appropriately.
• -Ensuring Users comply with these Terms.
• -Promptly removing access for Users who leave your Organisation or no longer require access.
• -Configuring security and privacy settings appropriately for your Organisation.
• -Maintaining accurate User information.

4.4 Organisation Accounts

For Organisation Accounts:

• -The Organisation is responsible for all Users under its Account.
• -The Organisation must ensure all Users are authorised and comply with these Terms.
• -The Organisation is liable for any breaches by its Users.
• -Administrator actions are deemed to be actions of the Organisation.

5.1 Subscription Plans

• -Access to Platform features is determined by your Subscription plan.
• -Current pricing and plan details are available at alexia.ai/pricing.
• -We may offer free trials or promotional plans subject to additional terms.

5.2 Fees and Payment

• -Subscription fees are charged in advance on a monthly or annual basis, as selected.
• -All fees are in Australian Dollars (AUD) unless otherwise specified.
• -Fees are exclusive of GST and other applicable taxes, which will be added where required.
• -Payment is due on the date specified in your invoice or at the start of each billing period.
• -We accept payment by credit card, direct debit, or other methods we make available.

5.3 Automatic Renewal

• -Subscriptions automatically renew at the end of each billing period unless cancelled.
• -We will charge your payment method on file for the renewal.
• -You may cancel auto-renewal at any time through your Account settings.

5.4 Price Changes

• -We may change our pricing with at least 30 days' notice.
• -Price changes take effect at the start of your next billing period after the notice period.
• -If you do not agree to a price change, you may cancel your Subscription before the change takes effect.

5.5 Refunds

• -Refunds are provided only as required by Australian Consumer Law.
• -We do not provide refunds for partial billing periods, unused features, or early cancellation, except as required by law.
• -If you believe you are entitled to a refund, contact us at billing@teamified.com.au.

5.6 Overdue Payments

If payment is overdue, we may:

• -Charge interest at 2% per month on overdue amounts.
• -Suspend access to the Platform until payment is received.
• -Terminate your Account after 30 days of non-payment.

You are responsible for all costs of collection, including reasonable legal fees.

6.1 Permitted Use

You may use the Platform only for lawful business purposes in accordance with these Terms and the Documentation.

6.2 Prohibited Conduct

You agree not to, and not to permit any User to:

6.3 Enforcement

We may investigate suspected violations and take appropriate action, including:

• -Removing or disabling access to content.
• -Suspending or terminating Accounts.
• -Reporting violations to law enforcement.
• -Pursuing legal remedies.

7.1 Ownership of Customer Data

You retain all ownership rights in your Customer Data. We do not claim ownership of Customer Data.

7.2 Licence to Customer Data

You grant us a limited, non-exclusive, worldwide licence to access, use, process, copy, and display Customer Data solely to:

• -Provide, maintain, and improve the Platform.
• -Generate AI Outputs and insights as requested by you.
• -Provide support and resolve issues.
• -Comply with legal obligations.
• -Enforce these Terms.

This licence continues for the duration of your use of the Platform and for a reasonable period thereafter to enable data export and deletion.

7.3 Customer Responsibilities for Data

You represent and warrant that:

• -You have all necessary rights, consents, and authorisations to provide Customer Data to us.
• -Your provision of Customer Data does not violate any laws, regulations, or third-party rights.
• -You will comply with all applicable data protection and privacy laws.
• -You will obtain all necessary consents from individuals whose personal information is included in Customer Data.

7.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

7.5 Data Processing

• -We process Customer Data in accordance with your instructions and these Terms.
• -We implement appropriate technical and organisational security measures.
• -We do not sell Customer Data to third parties.
• -We may use aggregated, anonymised data for analytics and service improvement.

7.6 Data Location

• -Customer Data is primarily stored in Australia.
• -Some processing may occur in other jurisdictions where our service providers operate.
• -We ensure appropriate safeguards are in place for international transfers.

7.7 Data Retention and Deletion

• -We retain Customer Data for as long as your Account is active.
• -Upon Account termination, we retain Customer Data for 90 days to enable export.
• -After 90 days, Customer Data is deleted or anonymised, except where retention is required by law.
• -You may request earlier deletion by contacting us at privacy@teamified.com.au.

8.1 AI-Powered Features

The Platform includes artificial intelligence features that analyse data, generate insights, produce content, and provide recommendations. These features are integral to Alexia and may be incorporated into other Platform products.

8.2 AI Output Accuracy and Limitations

You acknowledge and agree that:

• -AI Output is generated by machine learning models and may contain errors, inaccuracies, or omissions.
• -AI Output is provided for informational and assistive purposes only.
• -AI Output does not constitute professional advice (legal, financial, medical, or otherwise).
• -AI models have inherent limitations and may produce unexpected or inappropriate results.
• -AI Output should be reviewed, verified, and validated by qualified humans before being relied upon.

8.3 Human Oversight Requirement

You agree to:

• -Implement appropriate human oversight of AI features.
• -Review and verify AI Output before making business decisions based on it.
• -Not use AI features for fully automated decision-making in contexts that significantly affect individuals (e.g., hiring, termination, performance ratings) without meaningful human review.
• -Take responsibility for decisions made using AI Output.

8.4 AI Output Ownership

• -AI Output generated from your Customer Data is owned by you.
• -We retain no ownership rights in AI Output specific to your data.
• -We may retain rights in underlying AI models, algorithms, and general improvements.
• -You grant us a licence to use AI Output to improve our services in an aggregated, anonymised form.

8.5 No Training on Customer Data

• -We do not use your Customer Data to train our general AI models without your explicit consent.
• -AI features may use your Customer Data to provide personalised outputs within your Account.
• -Aggregated, anonymised insights may be used to improve general model performance.

8.6 AI in HR and Recruitment

When using AI features in HRIS or ATS:

• -AI may assist with candidate screening, but final hiring decisions must be made by humans.
• -AI recommendations should be reviewed for potential bias or discrimination.
• -You are responsible for ensuring AI-assisted HR processes comply with employment and anti-discrimination laws.
• -We recommend documenting human oversight of AI-assisted decisions.

9.1 Connecting Integrations

• -The Platform allows you to connect Third-Party Services through Integrations.
• -You authorise us to access and process data from your connected Integrations to provide the Platform.
• -You are responsible for ensuring you have the right to connect each Integration and share data with us.

9.2 Third-Party Terms

• -Your use of Third-Party Services is subject to their respective terms and privacy policies.
• -We are not a party to your agreements with Third-Party Services.
• -You are responsible for complying with Third-Party Service terms when using Integrations.

9.3 Integration Credentials

• -We store Integration credentials (API keys, OAuth tokens, etc.) using industry-standard encryption.
• -We access Third-Party Services only as necessary to provide the Platform.
• -You may disconnect Integrations at any time through your Account settings.
• -Upon disconnection, we cease accessing the Third-Party Service, but previously synced data may be retained in accordance with our data retention policies.

9.4 Third-Party Availability

• -We do not guarantee the availability, accuracy, or functionality of Third-Party Services.
• -Integrations may be affected by changes to Third-Party Services outside our control.
• -We may add, modify, or remove Integration support with reasonable notice.

9.5 No Endorsement

Our support for Integrations does not constitute an endorsement of Third-Party Services. We are not responsible for the practices, content, or conduct of Third-Party Services.

10.1 Our Intellectual Property

• -The Platform, including its design, code, features, content, trademarks, and Documentation, is owned by Teamified Pty Ltd and protected by intellectual property laws.
• -These Terms do not grant you any ownership rights in the Platform.
• -All rights not expressly granted are reserved.

10.2 Licence to Use the Platform

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during your Subscription term.

10.3 Customer Intellectual Property

• -You retain all ownership rights in your Customer Data and any intellectual property you provide.
• -We do not acquire any rights in your intellectual property except the limited licence granted in these Terms.

10.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Platform ("Feedback"):

• -You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate Feedback into the Platform.
• -We are not obligated to use or compensate you for Feedback.
• -Feedback does not create any confidentiality obligation on our part.

10.5 Trademarks

• -"Teamified," "Alexia," and related logos are trademarks of Teamified Pty Ltd.
• -You may not use our trademarks without our prior written consent.
• -Any permitted use must comply with our brand guidelines.

11.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential, including:

• -Customer Data
• -Business plans, strategies, and financial information
• -Technical information, source code, and algorithms
• -Pricing and contract terms
• -User information and usage data

11.2 Obligations

The receiving party agrees to:

• -Protect Confidential Information using reasonable security measures.
• -Use Confidential Information only for purposes contemplated by these Terms.
• -Not disclose Confidential Information to third parties except as permitted.
• -Limit access to Confidential Information to those with a need to know.

11.3 Permitted Disclosures

Confidential Information may be disclosed:

• -To employees, contractors, and advisors bound by confidentiality obligations.
• -As required by law, regulation, or legal process (with reasonable notice where permitted).
• -With the disclosing party's prior written consent.

11.4 Exclusions

Confidentiality obligations do not apply to information that:

• -Is or becomes publicly available without breach.
• -Was known to the receiving party before disclosure.
• -Is independently developed without use of Confidential Information.
• -Is received from a third party without confidentiality restrictions.

12.1 Availability Target

We target 99.5% availability for the Platform, measured monthly, excluding scheduled maintenance and circumstances beyond our reasonable control.

12.2 Scheduled Maintenance

• -We perform scheduled maintenance during low-usage periods where possible.
• -We provide at least 24 hours' notice of scheduled maintenance that may affect availability.
• -Emergency maintenance may be performed without notice when necessary for security or stability.

12.3 Support

• -Support is available via email at support@teamified.com.au.
• -Support hours and response times depend on your Subscription plan.
• -We provide self-service Documentation and help resources.

12.4 No Guarantee

We do not guarantee uninterrupted or error-free access to the Platform. The Platform may be subject to limitations, delays, and other issues inherent in internet-based services.

13.1 Our Warranties

We warrant that:

• -We will provide the Platform with reasonable skill and care.
• -The Platform will perform substantially in accordance with the Documentation.
• -We have the right to provide the Platform to you.

13.2 Disclaimers

To the maximum extent permitted by law, and except as expressly stated in these Terms:

• -The Platform is provided "as is" and "as available."
• -We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• -We do not warrant that the Platform will meet your specific requirements, be uninterrupted, timely, secure, or error-free.
• -We do not warrant the accuracy, reliability, or completeness of any AI Output or other content.

13.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If the Australian Consumer Law applies to you as a consumer, our liability for breach of a consumer guarantee is limited, to the extent permitted by law, to:

• -For services: supplying the services again or paying the cost of having them supplied again.
• -For goods: replacing the goods, supplying equivalent goods, or paying the cost of replacement.

14.1 Exclusion of Consequential Loss

To the maximum extent permitted by law, neither party is liable to the other for any:

• -Indirect, incidental, special, consequential, or punitive damages.
• -Loss of profits, revenue, business, goodwill, or anticipated savings.
• -Loss of data (except our obligations regarding Customer Data).
• -Loss arising from business interruption.

This applies regardless of the cause of action (contract, tort, negligence, or otherwise) and even if advised of the possibility of such damages.

14.2 Liability Cap

Subject to Section 14.4, our total aggregate liability arising from or relating to these Terms or the Platform, regardless of the cause of action, is limited to the greater of:

• -The fees paid by you to us in the 12 months preceding the claim; or
• -AUD $500.

14.3 Your Liability

You are liable to us for:

• -All fees due under your Subscription.
• -Damages arising from your breach of these Terms.
• -Claims arising from your Customer Data or use of the Platform.

14.4 Exceptions

The limitations in this Section 14 do not apply to:

• -Liability that cannot be limited by law.
• -Your payment obligations.
• -Breach of Section 6 (Acceptable Use).
• -Breach of Section 11 (Confidentiality).
• -Indemnification obligations under Section 15.
• -Fraud, wilful misconduct, or gross negligence.

15.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Teamified, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

• -Your use of the Platform.
• -Your Customer Data, including any claim that Customer Data infringes third-party rights.
• -Your breach of these Terms.
• -Your violation of applicable laws.
• -Your Users' actions or omissions.

15.2 Our Indemnification

We agree to indemnify, defend, and hold harmless you from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from claims that the Platform infringes any Australian intellectual property rights of a third party.

This indemnity does not apply if the claim arises from:

• -Your Customer Data or content.
• -Modifications to the Platform not made by us.
• -Combination of the Platform with third-party products or services.
• -Your use of the Platform in violation of these Terms.

15.3 Indemnification Procedure

The indemnified party must:

• -Promptly notify the indemnifying party of any claim.
• -Provide reasonable cooperation in the defence.
• -Allow the indemnifying party to control the defence and settlement.

The indemnifying party must not settle any claim in a manner that admits liability or imposes obligations on the indemnified party without consent.

16.1 Term

These Terms commence on the Effective Date and continue until terminated in accordance with this Section.

16.2 Termination for Convenience

• -You may terminate your Account at any time through your Account settings or by contacting us.
• -We may terminate your Account with 30 days' written notice for any reason.

16.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• -Materially breaches these Terms and fails to cure within 30 days of notice.
• -Becomes insolvent, enters liquidation, or ceases to operate.

We may suspend or terminate your Account immediately without notice if:

• -You breach Section 6 (Acceptable Use).
• -Your use poses a security risk to the Platform or other users.
• -Required by law or legal process.
• -Your Account has been inactive for more than 12 months.

16.4 Effect of Termination

Upon termination:

• -Your right to access the Platform ceases immediately.
• -You remain liable for any fees accrued before termination.
• -We will make your Customer Data available for export for 90 days.
• -After 90 days, we will delete your Customer Data except as required by law.
• -Provisions that by their nature should survive will continue (including Sections 7, 10, 11, 13, 14, 15, and 17).

16.5 Data Export

Before or within 90 days after termination, you may request an export of your Customer Data by contacting support@teamified.com.au. We will provide data in a standard, machine-readable format.

17.1 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes informally by contacting legal@teamified.com.au. We will attempt to resolve disputes within 30 days.

17.2 Mediation

If informal resolution is unsuccessful, the parties agree to attempt mediation administered by the Resolution Institute (or successor body) in Melbourne, Australia, before commencing litigation.

17.3 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles.

17.4 Jurisdiction

Subject to the mediation requirement, the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts of appeal from them.

17.5 Injunctive Relief

Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements and understandings.

18.2 Amendments

We may amend these Terms at any time by posting updated Terms on our website. We will provide at least 30 days' notice of material changes via email or through the Platform. Your continued use after the notice period constitutes acceptance. If you do not agree to amended Terms, you must stop using the Platform before they take effect.

18.3 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section is void.

18.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18.5 Waiver

No waiver of any provision of these Terms is effective unless in writing. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

18.6 Force Majeure

Neither party is liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, internet or telecommunications failures, or pandemics.

18.7 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us must be sent to:

Teamified Pty Ltd
Melbourne, Victoria, Australia
Email: legal@teamified.com.au

18.8 Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18.9 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our officers, directors, employees, and agents may enforce Section 15 (Indemnification).

18.10 Export Compliance

You agree to comply with all applicable export control and sanctions laws in your use of the Platform.

19.1 HRIS-Specific Terms

When using the HRIS product:

• -You are responsible for the accuracy and lawfulness of employee data.
• -You must comply with all applicable employment and workplace laws.
• -You are responsible for obtaining necessary consents from employees.
• -We do not provide legal advice regarding employment matters.

19.2 ATS-Specific Terms

When using the ATS product:

• -You are responsible for compliance with employment and anti-discrimination laws in recruitment.
• -You must ensure job postings comply with applicable laws and do not discriminate.
• -You are responsible for the lawful collection and use of candidate data.
• -AI-assisted screening must be subject to human oversight as required by Section 8.

19.3 Jobseeker Portal Terms

The Jobseeker Portal is made available to candidates by Customers using the ATS. Candidates' use of the Jobseeker Portal is subject to separate Jobseeker Terms of Use. Customers are responsible for ensuring their use of candidate data complies with applicable laws and their own privacy policies.

19.4 Team Connect Terms

When using Team Connect:

• -You are responsible for the content shared by your Users.
• -Messaging and communications may be retained in accordance with our data retention policies.
• -You must comply with applicable workplace communication and monitoring laws.