TenPod License

TENPOD PLATFORM
END-USER LICENCE AGREEMENT (AUSTRALIA)‍
‍Effective Date: 14/04/2025
‍

1. Definitions

  • “TenPod”, “we”, “us”, “our” – TenPod Pty Ltd (ACN 687 438 526) and its Related Bodies Corporate (Corporations Act 2001 (Cth) s50).
  • “Platform” – the TenPod web and mobile applications, software agents, documentation, sample code, and any associated services, including artificial-intelligence (AI) and large-language-model (LLM) functionality.
  • “User”, “you”, “your” – the individual or entity that accesses or uses the Platform.
  • “Content” – any data, files, prompts, or other materials supplied to, processed by, or generated by the Platform, including AI outputs.
  • “VEVO Interface” – functionality that queries the Australian Government’s Visa Entitlement Verification Online system.
  • “Third-Party Services” – external application-programming interfaces (APIs), data sources, hosting, analytics, and other services integrated into or consumed by the Platform.

2. Acceptance & Scope

By creating an account, accessing, or using the Platform, you agree to be bound by this End-User Licence Agreement (EULA). If you are entering into this EULA on behalf of a company or other legal entity, you warrant that you have authority to bind that entity.

3. Licence Grant

Subject to payment of applicable fees and compliance with this EULA, TenPod grants you a limited, non-exclusive, non-transferable, revocable licence to:

  1. access and use the Platform in Australia for your internal business purposes; and
  2. download or export reports or AI outputs generated through authorised use of the Platform.

No other rights are granted. All intellectual-property rights not expressly licensed are reserved to TenPod.

4. Permitted Use & Restrictions

You must:

  • use the Platform only in accordance with Australian law (including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), and any immigration or employment legislation) and any applicable codes of practice;
  • ensure that you have lawful authority to input personal information, VEVO data, or other regulated data;
  • maintain the confidentiality of your login credentials and promptly notify us of any unauthorised use; and
  • implement industry-standard security measures on your systems interacting with the Platform.

You must not:

  • reverse-engineer, decompile, or attempt to derive the source code of the Platform;
  • introduce malware, excessive load, or interfere with Platform security or availability;
  • use the Platform to create or disseminate unlawful, harmful, discriminatory, or infringing content;
  • rely solely on AI or VEVO outputs for legal, compliance, or employment decisions without independent verification; or
  • remove or obscure proprietary notices.

5. Data Processing & Privacy

  1. Collection & Use – We collect, store, and process Content (including personal information) to operate the Platform, improve our models, and provide support.
  2. Cross-Border Transfers – Content may be stored or processed on infrastructure located outside Australia. We will implement safeguards consistent with Australian Privacy Principle 8.
  3. Security – We follow industry-standard technical and organisational measures to protect Content. You acknowledge that no system is completely secure.
  4. Data Breaches – If a Notifiable Data Breach occurs, we will comply with Part IIIC of the Privacy Act 1988 (Cth).
  5. Retention & Deletion – Upon termination or written request, we will delete or de-identify your Content, except where retention is required by law or for legitimate business purposes.

6. AI & LLM Functionality

a. Machine-Generated Outputs – AI outputs are probabilistic and may contain errors, bias, or outdated information. They are provided “as is” for informational purposes only and do not constitute professional, legal, migration, or employment advice.
b. Human Review – You are solely responsible for verifying AI outputs before relying on them.
c. Training Data – We may use your anonymised prompts and outputs to improve our models unless you opt-out via written notice.

7. Third-Party Services & VEVO Interface

  • The Platform transmits data to and from Third-Party Services and the VEVO Interface on your instruction.
  • Availability, accuracy, or legal compliance of Third-Party Services (including VEVO) are outside our control. We are not liable for any downtime, inaccuracy, or compliance issue arising from their use.
  • You warrant that any VEVO queries are made for lawful purposes and with appropriate consent where required.

8. Intellectual Property & Feedback

All Platform IP is owned by TenPod or its licensors. If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use that feedback for any purpose without restriction or obligation.

9. Confidentiality

Each party must keep confidential and use only for the purpose of performing its obligations under this EULA all information marked or reasonably understood to be confidential, except where disclosure is required by law or with prior written consent.

10. Warranties

  1. We warrant that we have the right to license the Platform and that, to our knowledge, its normal use does not infringe third-party IP rights in Australia.
  2. To the maximum extent permitted by law and except for any Consumer Guarantees that cannot be excluded under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2), the Platform and all services are provided “as is” and “as available”, without warranties of fitness for a particular purpose or non-infringement.
  3. Where Consumer Guarantees apply and cannot be excluded, our liability is limited (at our option) to resupplying the services or paying the cost of resupply.

11. Limitation of Liability

To the fullest extent permitted by law:

  • Indirect Loss – TenPod is not liable for any consequential, special, indirect, or punitive loss, including loss of profit, revenue, data, or business interruption.
  • Aggregate Cap – TenPod’s aggregate liability in any 12-month period for all claims arising under or in connection with this EULA is capped at the fees actually paid by you for the Platform in that period.
  • AI & Third-Party Reliance – TenPod is not liable for decisions made or actions taken in reliance on AI outputs, VEVO data, or other Third-Party Services.

12. Indemnity

You indemnify TenPod (including directors, officers, employees, and contractors) against any loss, claim, or expense arising out of:

  • your breach of this EULA;
  • your Content infringing a third party’s rights or violating law;
  • unauthorised use of the Platform under your account; or
  • employment, migration, or compliance actions taken based on Platform outputs.

13. Term, Suspension & Termination

  • Term – This EULA commences on acceptance and continues until terminated.
  • Suspension – We may suspend access to protect the Platform, comply with law, or where fees are overdue.
  • Termination for Cause – Either party may terminate immediately for material breach not remedied within 14 days of written notice, insolvency, or unlawful use.
  • Effect – Upon termination, your licence ceases and you must cease all use of the Platform. Clauses intended to survive (including 5, 6, 8, 9, 10, 11, 12, 15) remain in force.

14. Updates & Changes

We may modify the Platform or this EULA by giving at least 30 days’ notice via the Platform or email. Continued use after the effective date constitutes acceptance. If you object, your sole remedy is to stop using the Platform before the change takes effect.

15. Governing Law & Dispute Resolution

This EULA is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals. Prior to litigation, the parties will attempt in good faith to resolve any dispute by negotiation for at least 30 days.

16. General

  • Force Majeure – Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • Assignment – You may not assign this EULA without our prior written consent. We may assign or novate with notice.
  • Severability – If any provision is held invalid, the remaining provisions remain in force.
  • Entire Agreement – This EULA constitutes the entire agreement between the parties regarding the Platform and supersedes prior representations.
  • No Waiver – A waiver is effective only if in writing and applies only to the specific instance.

17. Contact

TenPod Pty Ltd
Registered Office: 470 St Pauls Terrace, Fortitude Valley QLD 4006
Email: legal@tenpod.com.au