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TENPOD PLATFORM
TERMS & CONDITIONS OF USE (AUSTRALIA)
Effective Date: 14/04/2025
These Terms & Conditions of Use (“Terms”) govern access to and use of the websites, applications, products, and services (collectively, the “Platform”) provided by TenPod Pty Ltd (ACN 687 438 526) of 470 St Pauls Terrace, Fortitude Valley QLD 4006 (“TenPod”, “we”, “us”, “our”). By visiting, registering for, or using any part of the Platform, you agree to be bound by these Terms and our End-User Licence Agreement (EULA), Privacy Policy, and any other policies we publish (together, the “Agreement”). If you do not accept the Agreement, do not use the Platform.
1.1 You must be at least 18 years old and have capacity to enter into binding contracts under Australian law.
1.2 You warrant that all information you provide is accurate and kept current.
1.3 You are responsible for all activity under your credentials. Keep passwords, API keys, and multi-factor tokens secure and notify us immediately of unauthorised use.
2.1 We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for your internal business purposes in Australia, subject to the Agreement and payment of applicable fees.
2.2 All intellectual-property rights in the Platform (including AI models, software, code, know-how, and branding) remain with TenPod or its licensors. Nothing in these Terms assigns any IP to you except the limited licence above.
You must:
You must not:
a. copy, modify, reverse-engineer, or create derivative works from any part of the Platform;
b. introduce malware, overburden infrastructure, scrape content, or attempt to bypass technical restrictions;
c. use the Platform to create or distribute unlawful, harmful, discriminatory, or infringing content;
d. represent AI outputs as legal, migration, or professional advice without qualified human review;
e. resell or commercially exploit the Platform except as expressly authorised in writing.
4.1 “Content” includes data, prompts, files, and outputs you submit to or receive from the Platform. You retain ownership of your Content but grant us a worldwide, royalty-free licence to host, process, and use it as necessary to provide the Platform, improve our services (subject to opt-out rights), and comply with law.
4.2 You warrant that your Content does not infringe third-party rights or violate law, and that you have all permissions required to supply it.
4.3 We may remove or block Content that breaches the Agreement or law without liability.
5.1 The Platform uses large-language models (LLMs) and integrates with external APIs, cloud infrastructure, analytics, the Australian Government’s VEVO system, and other third-party services (collectively, “External Services”). Availability, accuracy, and security of External Services are outside our control.
5.2 AI outputs are probabilistic, may contain errors or bias, and are provided “as-is” for informational purposes only. You must independently verify outputs before relying on them.
5.3 We are not liable for any loss caused by reliance on AI outputs or External Services.
6.1 Fees, billing periods, and payment methods are set out in your order or subscription page.
6.2 All fees are exclusive of GST unless stated otherwise. You must pay undisputed invoices within 14 days. Late payments may incur interest at 1.5 % per month and/or suspension of access.
6.3 Except as required by the Australian Consumer Law, fees are non-refundable.
7.1 Our Privacy Policy describes how we collect, use, disclose, and protect personal information. By using the Platform, you consent to those practices.
7.2 We implement industry-standard technical and organisational measures. You acknowledge, however, that no internet service is completely secure.
7.3 If either party becomes aware of unauthorised access to personal information held in connection with the Platform that is likely to result in serious harm, it must notify the other party promptly and cooperate to comply with the Notifiable Data Breach scheme in the Privacy Act 1988 (Cth).
8.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) that cannot be excluded.
8.2 Subject to clause 8.1 and to the maximum extent permitted by law, the Platform and all content are provided “as is” and “as available” without warranties of fitness for a particular purpose, accuracy, or non-infringement.
8.3 Where any non-excludable guarantee applies, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.
To the fullest extent permitted by law:
You indemnify TenPod, its officers, employees, and contractors against any loss, claim, or expense (including legal costs on a full-indemnity basis) arising from:
11.1 We may suspend or restrict access to the Platform immediately if: (a) required by law; (b) we reasonably suspect a security risk or rights infringement; or (c) fees remain unpaid 15 days after due.
11.2 Either party may terminate for material breach not remedied within 14 days’ written notice or for insolvency. Upon termination, licences cease and you must stop using the Platform. Clauses that by their nature should survive (including 4, 5, 8-12, 14) will survive.
We may update these Terms or modify the Platform by posting the revised version online or emailing you at least 30 days before the change takes effect. Continued use after that date constitutes acceptance. If you do not agree, you must discontinue use before the change applies.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland. Before commencing formal proceedings, the parties must attempt in good faith to resolve disputes by negotiation for at least 30 days.
14.1 Force Majeure – Neither party is liable for delay or failure caused by events beyond its reasonable control.
14.2 Assignment – You may not assign or transfer the Agreement without our prior written consent. We may assign on written notice.
14.3 Entire Agreement – The Agreement constitutes the entire agreement between the parties regarding the Platform and supersedes prior understandings.
14.4 Severability – If any provision is invalid under law, it is severed and the remainder remains effective.
14.5 No Waiver – A waiver must be in writing and applies only to the specific right or instance waived.
TenPod Pty Ltd
Registered Address: 470 St Pauls Terrace, Fortitude Valley QLD 4006
Email: support@tenpod.com.au
