Terms of Service

Last updated: 9 April 2026

1. About These Terms

These Terms of Service ("Terms") govern youraccess to and use of the website located at abilitix.com.au and any associatedweb-based platforms or tools made available by Abilitix Consulting Pty Ltd (ABN94 600 726 136) ("Abilitix", "we", "us","our"), a company incorporated in New South Wales, Australia.

By accessing or using our website or any platform feature,you ("you", "user") agree to be bound by these Terms. Ifyou do not agree, you must not access or use our website or platforms.

These Terms apply to general website access and platformuse. Where you engage Abilitix for a specific product or paid service, theapplicable Product Agreement or SaaS Agreement for that engagement will governand, to the extent of any inconsistency, will prevail over these Terms.

2. Our Products

Abilitix operates three software products, each described generically below. Individual product agreements govern pilot programmes, paidsubscriptions, and any specific commercial engagements:

Listen / Abilitix — an AI-powered call quality scoring tool for contact centres.
Ask / Abilitix — an AI knowledge assistant designed for regulated and compliance-driven teams.
Govern / Abilitix — an AI governance assessment and Privacy Impact Assessment (PIA) tool.

References in these Terms to "the Platform" refercollectively to the technology infrastructure and interfaces through whichthese products are delivered.

3. Acceptance of Terms

Your use of the website or any part of the Platform constitutes your acceptance of these Terms, as updated from time to time. Wemay update these Terms at any time by posting a revised version on this pagewith an updated "Last updated" date. Continued use after a revisionconstitutes acceptance of the updated Terms.

If you are accepting these Terms on behalf of anorganisation, you represent and warrant that you have authority to bind thatorganisation.

4. Account Registration and User Responsibilities

4.1 To access certain features of the Platform,you may be required to register for an account. Authentication methods vary byproduct and will be communicated during onboarding.

4.2 You are responsible for:

providing accurate and complete registration information;
maintaining the security of your account credentials and access methods;
all activity that occurs under your account, whether or not authorised by you; and
notifying us immediately at legal@abilitix.com.au if you become aware of any unauthorised access to your account.

4.3 You must not share account access withpersons who are not authorised users under your organisation's agreement withAbilitix.

4.4 We reserve the right to suspend or terminateaccounts that we reasonably believe have been compromised or used in breach ofthese Terms.

5. Acceptable Use

5.1 You must only use the website and Platformfor lawful purposes and in accordance with these Terms.

5.2 You must not:

(a) use the website or Platform in any way that violatesapplicable Australian or international laws or regulations;

(b) attempt to gain unauthorised access to any part of thePlatform, its servers, or any network connected to the Platform;

(c) reverse engineer, decompile, disassemble, or otherwiseattempt to derive the source code, underlying algorithms, or proprietary logicof the Platform or any of its components;

(d) reproduce, distribute, sublicense, resell, orcommercially exploit any part of the Platform without our prior writtenconsent;

(e) upload, transmit, or distribute any content that isunlawful, defamatory, fraudulent, or that infringes any third-partyintellectual property rights;

(f) use automated means (including bots, scrapers, orcrawlers) to access or collect data from the Platform without our prior writtenconsent;

(g) interfere with or disrupt the integrity or performanceof the Platform or any data contained therein;

(h) use the Platform to transmit unsolicited commercialcommunications; or

(i) attempt to circumvent any access controls, securitymeasures, or usage limitations.

5.3 We reserve the right to investigate and takeappropriate action, including suspension of access or referral to relevantauthorities, for any suspected breach of this clause.

6. Intellectual Property

6.1 Abilitix IP. All intellectual propertyrights in the website, the Platform, and their underlying technology, software,models, designs, documentation, workflows, and interfaces — including allenhancements and derivative works — are owned by or licensed to Abilitix.Nothing in these Terms transfers any intellectual property rights to you.

6.2 Your Data. You retain all ownership of, andintellectual property rights in, data, content, and information that you oryour organisation upload to or process through the Platform ("ClientData"). These Terms do not give Abilitix any rights in Client Data otherthan the limited licence set out in clause 7.

6.3 Feedback. If you provide feedback,suggestions, or ideas relating to the Platform, you grant Abilitix anon-exclusive, royalty-free, perpetual licence to use that feedback for anypurpose, without compensation or attribution to you.

7. Client Data and Privacy

7.1 Limited licence. You grant Abilitix alimited, non-exclusive licence to process Client Data solely to the extentnecessary to deliver the services you have subscribed to or requested. We willnot use Client Data for any purpose outside the scope of service delivery.

7.2 No model training. Abilitix does not useClient Data to train, fine-tune, or improve any AI or machine learning model,whether operated by Abilitix or any third party. This obligation is reflectedin our configuration of AI sub-processor services.

7.3 AI sub-processors. Certain products usethird-party AI providers (including but not limited to Anthropic, Deepgram, andGoogle) to process data as part of service delivery. These sub-processors areengaged under commercial API terms configured to ensure that Client Data is notused for third-party model training. A current list of AI sub-processors isavailable upon request.

7.4 No sale of data. Abilitix does not sell,rent, or commercially disclose Client Data to any third party.

7.5 Tenant isolation. Client Data is logicallyisolated on a per-tenant basis within our infrastructure. No Client Data isshared with, or accessible to, other Abilitix clients.

7.6 Data storage. Client Data may be stored oninfrastructure located outside Australia (including in the United States). Byusing the Platform, you consent to this transfer, which is conducted inaccordance with our Privacy Policy at abilitix.com.au/privacy-policy.

7.7 Privacy Act compliance. Abilitix handlespersonal information in accordance with the Privacy Act 1988 (Cth) and theAustralian Privacy Principles. For full details of our data handling practices,please refer to our Privacy Policy.

8. Free Tier and Paid Services

8.1 Abilitix may offer access to certainPlatform features on a free or trial basis ("Free Tier"). Free Tieraccess is provided at our discretion, may be subject to usage limitations, andmay be modified or discontinued at any time without notice.

8.2 Access to full product functionality and anypaid subscription services is subject to a separate Product Agreement or SaaSAgreement between you and Abilitix. Those product-specific terms governpricing, service levels, support, data handling obligations specific to theengagement, and other commercial matters.

8.3 In the event of any conflict between theseTerms and a Product Agreement or SaaS Agreement, the Product Agreement or SaaSAgreement will prevail to the extent of the inconsistency.

9. Disclaimers

9.1 The website and Platform are provided on an"as is" and "as available" basis. To the maximum extentpermitted by law, Abilitix makes no representations or warranties, express orimplied, regarding:

(a) the accuracy, completeness, or fitness for purpose ofany content on the website or outputs generated by the Platform;

(b) the uninterrupted, error-free, or secure operation ofthe Platform; or

9.2 AI-generated outputs from the Platform areprovided for informational and analytical purposes only. They do not constitutelegal, financial, regulatory, or professional advice. You are responsible forindependently verifying any outputs before relying on them for compliance orgovernance purposes.

9.3 Nothing in these Terms excludes anyguarantee, condition, or warranty implied by the Australian Consumer Law(Competition and Consumer Act 2010 (Cth), Schedule 2) that cannot be excludedby law.

10. Limitation of Liability

10.1 To the maximum extent permitted by law,Abilitix excludes all liability for:

(a) any indirect, incidental, special, consequential, orpunitive loss or damage;

(b) loss of revenue, profit, business opportunity, data, orgoodwill; or

whether arising in contract, tort (including negligence),statute, or otherwise, even if Abilitix has been advised of the possibility ofsuch loss.

10.2 Where liability cannot be excluded,Abilitix's total aggregate liability to you in respect of any claim arising outof or in connection with these Terms or the Platform is limited to the totalfees paid by you to Abilitix in the twelve (12) months immediately precedingthe event giving rise to the claim, or AUD $500, whichever is greater.

10.3 Nothing in these Terms limits liability fordeath or personal injury caused by negligence, fraud, or any other liabilitythat cannot be limited under applicable law.

11. Termination

11.1 Termination by Abilitix. We may suspend orterminate your access to the website or Platform (or any part thereof) at anytime, with or without notice, if:

(a) you breach any provision of these Terms and fail toremedy the breach within 14 days of written notice;

(b) you fail to pay any amount due under an applicableProduct Agreement; or

11.2 Termination by you. You may cease using thewebsite or Platform at any time. Termination of paid services is governed bythe applicable Product Agreement.

11.3 Data export. Following termination of youraccount or subscription, you will have a period of 30 days ("ExportWindow") in which to export or request a copy of your Client Data. Afterthe Export Window closes, we will securely delete or de-identify your ClientData in accordance with our retention obligations, except where we are requiredto retain it by law.

11.4 Survival. Clauses 6 (IntellectualProperty), 7 (Client Data and Privacy), 9 (Disclaimers), 10 (Limitation ofLiability), 12 (Governing Law), and 13 (Contact) survive termination of theseTerms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales,Australia. You submit to the non-exclusive jurisdiction of the courts of NewSouth Wales and the Commonwealth of Australia for the resolution of any disputearising out of or in connection with these Terms.

13. General

13.1 Entire agreement. These Terms, togetherwith our Privacy Policy and any applicable Product Agreement, constitute theentire agreement between you and Abilitix regarding your use of the website andPlatform.

13.2 Severability. If any provision of theseTerms is held to be invalid or unenforceable, the remaining provisions continuein full force and effect.

13.3 Waiver. A failure or delay by Abilitix toexercise any right or remedy does not constitute a waiver of that right orremedy.

13.4 Assignment. You may not assign any rightsor obligations under these Terms without our prior written consent. Abilitixmay assign its rights and obligations without restriction.

13.5 Force majeure. Abilitix is not liable forany failure or delay in performance caused by circumstances beyond ourreasonable control, including natural disasters, telecommunications failures,or government actions.

14. Contact

For legal enquiries, notices, or questions regarding theseTerms, please contact:

Abilitix Consulting Pty Ltd

Legalenquiries: legal@abilitix.com.au

Website:abilitix.com.au

ABN: 94 600 726136

Sydney, NewSouth Wales, Australia

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