1. Introduction
These Terms & Conditions ("Terms") govern your access to and use of the ACUMIND.AI software-as-a-service (SaaS) learning management platform, websites, content, and related services (collectively, the "Services") operated by Acumind Pty Ltd ("Acumind", "we", "us"). By creating an account, subscribing, or otherwise using the Services, you agree to these Terms.
2. Eligibility & Accounts
You must be at least 18 years old and authorised to bind your organisation. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account. Notify us immediately of any unauthorised access.
3. Free Trials
We may offer free trials at our discretion. Trial accounts may be limited in features, duration, and usage. We may modify or terminate trials at any time.
4. Acceptable Use
You agree not to:
- Use the Services to violate any law or third-party right;
- Reverse engineer, copy, or resell the Services;
- Upload malicious code or attempt to disrupt the platform;
- Use the Services to train competing AI/ML models;
- Share login credentials across users beyond your licensed seats.
5. Customer Data
You retain all rights in data you upload ("Customer Data"). You grant us a limited licence to host, process, and display Customer Data solely to provide the Services. You are responsible for ensuring you have the right to upload Customer Data and that it complies with applicable law.
6. Intellectual Property
The Services, including all software, content, training videos, and trademarks, are owned by Acumind or its licensors. We grant you a non-exclusive, non-transferable right to access the Services during your subscription term in accordance with these Terms.
7. AI-Generated Content
The Services use artificial intelligence (including translation and learning models). AI outputs may contain errors and should be reviewed by qualified personnel before being relied upon for safety-critical decisions. Acumind does not warrant the accuracy of AI-generated content.
8. Third-Party Services
The Services may integrate with third-party tools (e.g. OpenAI, identity providers). Your use of those services is governed by their own terms, and Acumind is not responsible for their performance.
9. Confidentiality
Each party agrees to protect the other's confidential information using at least reasonable care and to use it only to perform under these Terms.
10. Service Availability
We aim for high availability but do not guarantee the Services will be uninterrupted or error-free. Scheduled maintenance, upgrades, or factors outside our control may cause downtime.
11. Warranties & Australian Consumer Law
The Services are provided "as is" to the maximum extent permitted by law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot lawfully be excluded.
12. Limitation of Liability
To the maximum extent permitted by law, Acumind's total liability arising out of or in connection with the Services is limited to the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, consequential, or special losses, including loss of profits, data, or goodwill.
13. Suspension & Termination
We may suspend or terminate the Services for material breach, non-payment, or activity that risks harm. You may cancel your subscription in line with your plan. On termination, your right to access the Services ends and we may delete Customer Data after a reasonable retention period.
14. Changes to the Terms
We may update these Terms from time to time. Material changes will be notified via the platform or email. Continued use after the effective date constitutes acceptance.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.
16. Contact
Questions about these Terms? Email us at info@acumind.com.au.