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TERMS OF SERVICE

Last updated: 12 March 2025

1. INTRODUCTION

These terms form a binding agreement between you and Geniepay Pty Ltd trading as 'Crafty' (ABN 60 668 545 793). By accessing our website (www.crafty.so) or using our Services (as defined below), you accept these terms. If you disagree, please refrain from using our website or Services. We may update these terms by posting revisions on our website and notifying your account email.

2. DEFINITIONS

  • Account: Your registered access to our Services
  • Authorised User: Any individual you permit to use the Services through your Account
  • Content: Any information or data submitted by you or your Authorised Users through the Services
  • Services: Our platform accessible via www.crafty.so, including related tools, features, functionality, website content accessible through an Account, and support provided by Crafty.

3. ACCOUNTS AND SECURITY

You must provide accurate information when registering and keep it updated. You're responsible for all activity occurring under your Account and must notify us of unauthorised access immediately. We may disable any Account that violates these terms.

4. SUBSCRIPTIONS AND PAYMENT

Services require an active subscription with fees as specified on our website or by written agreement. All fees are non-refundable unless required by law. We may change our fees with notice, but changes won't affect your current subscription period. Late payments may result in suspension of the Services.

5. YOUR OBLIGATIONS

You must not, and must ensure your Authorised Users do not:

  • Copy, modify or decompile any part of our Services
  • Use our Services for anything other than legitimate RFP response management
  • Use our Services illegally or disruptively
  • Attempt to breach the security of, or interfere with, our systems or Services
  • Use automated tools to access the Services except through our officially provided APIs

6. CONTENT AND DATA OWNERSHIP

You retain ownership of your Content. By uploading Content, you grant us a license to access, use, process, and store it solely to provide the Services to you. You warrant that your Content doesn't infringe third-party rights and complies with applicable laws. We may use anonymised data derived from the use of the Services to improve our Services, provided such data cannot identify you, your Authorised Users, or your clients.

7. CONFIDENTIALITY

Both parties agree to protect the other's confidential information using reasonable care and not disclose it to third parties except as necessary to provide or use the Services, or as required by law. These obligations survive termination.

8. SERVICE AVAILABILITY

While we aim for high availability, we don't guarantee uninterrupted or error-free Services. Planned maintenance affecting the Services will be scheduled with notice when possible. We provide technical support according to your subscription level.

9. INTELLECTUAL PROPERTY

We own all rights, title, and interest in and to our Services, website, and underlying technology. You receive a limited, non-exclusive, non-transferable license to access and use the Services during your active subscription. You may use outputs generated by our Services for your internal business purposes, but we retain ownership of the underlying AI models and systems comprising the Services.

10. TERMINATION

Either party may terminate this agreement: you by cancelling your subscription according to its terms, or we by notifying you if you materially breach these terms. Upon termination, your access to the Services ends immediately. You may request an export of your Content within 30 days following termination, after which we may delete it according to our data retention policies.

11. LIABILITY

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or these terms is limited to the amount you paid us for the Services in the 12 months preceding the event giving rise to the claim. We're not liable for lost profits, business interruption, loss of data, or indirect, incidental, special, or consequential damages. Nothing in these terms excludes liability that cannot legally be limited or excluded (such as under the Australian Consumer Law).

12. INDEMNIFICATION

You agree to indemnify and hold harmless Crafty, its affiliates, officers, and employees against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) resulting from your violation of these terms, your Content, or your misuse of our Services.

13. PRIVACY

Our privacy policy, available at www.crafty.so/privacy, explains how we collect, use, and protect your information when you use our Services. It forms part of these terms.

14. GENERAL PROVISIONS

14.1 GOVERNING LAW

This agreement is governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.

14.2 SEVERABILITY

If any provision is found unenforceable, the remainder of the agreement remains valid and enforceable to the fullest extent permitted by law.

14.3 WAIVER

No waiver of any term is effective unless in writing and signed by the party granting the waiver.

14.4 ENTIRE AGREEMENT

This agreement (including the Privacy Policy and any applicable order form or subscription details) constitutes the entire understanding between the parties regarding the Services and supersedes all prior discussions or agreements.

14.5 ASSIGNMENT

You may not assign or transfer this agreement without our prior written consent.

15. CONTACT US

For questions about these terms, contact us at contact@crafty.so.