Collivo — Terms of Service

Effective date: 10 August 2026 · Version: 2.0 · Last updated: 10 August 2026

These Terms of Service (the "Terms") are a binding agreement between Collivo Labs Pty Ltd (ACN 691 514 146; ABN 80 691 514 146) of Sydney, New South Wales, Australia ("Collivo," "we," "us," or "our") and the customer that accepts them ("you"). "You" means the individual who uses the Services for their own personal use, or — where the Services are used by a team — the organisation on whose behalf they are accepted. These Terms govern your access to and use of the Collivo workspace, our website at www.collivo.com, and our related applications and services (together, the "Services").

Please also read our Privacy Policy and our Acceptable Use Policy, which are incorporated into and form part of these Terms. If you use the Services on behalf of an organisation, our Data Processing Addendum also forms part of these Terms; we do not publish it on our website, but a copy is available on request — including before you accept — at privacy@collivo.com. By accessing or using the Services, you agree to these Terms, the Privacy Policy, and the Acceptable Use Policy (and, where you act for an organisation, the Data Processing Addendum). If you do not agree, you must not access or use the Services.

1.About Collivo and these Terms

1.1 What Collivo is. Collivo is a collaborative workspace with built-in artificial intelligence. It provides shared and private project spaces, documents, notebooks, wikis, whiteboards, Kanban boards, and team chat, together with an AI assistant and AI image-generation features, that help teams create work and carry the context behind it from one person — and their AI — to the next.

1.2 Private beta. The Services are currently offered as a private, invitation-only beta. Features may change, and the Services are provided on the basis set out in the "Beta / Preview Services" section below.

1.3 These Terms may be supplemented. Some features or plans may be governed by additional or separate terms (for example, a Software Licensing Agreement or an order form). Where those apply, you will be informed and, where required, asked to accept them. Unless otherwise agreed, these Terms apply; if there is a conflict, the additional terms govern for the feature or plan they cover.

1.4 Changes to these Terms. We may update these Terms from time to time — for example, to reflect changes to the Services, or for legal, security, or regulatory reasons. If a change is material, we will give you reasonable advance notice and ask you to review and accept the updated Terms before you continue using the Services; we will not treat your continued use alone as acceptance of a material change. The "Changes to these Terms" section below sets out how this works.

2.Acceptance of the Terms

2.1 How you accept. You accept these Terms by clicking to accept or agree where that option is presented, or by accessing or using the Services. You should keep a copy of these Terms for your records.

2.2 Accepting as an individual or for an organisation. You may use the Services for your own personal use, or as part of (or on behalf of) a team or organisation. If you accept these Terms or use the Services on behalf of an organisation, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity as well as to you individually. If you are signing up for your own personal use and not on behalf of an organisation, you accept these Terms as an individual, and references in these Terms to an Organisation and its Admin apply to you.

2.3 Age and eligibility. By accepting these Terms, you confirm that you meet the eligibility and age requirements in the "Eligibility and Age" section below.

2.4 Invitation required. During the private beta, access is by invitation only. You may use the Services only if you have received a valid invitation and may not transfer or share that invitation.

3.Definitions

In these Terms:

• "Account" means the account you register to access the Services.
• "Admin" means an Authorized User assigned an administrator role for an Organisation.
• "AI Features" means the AI assistant, AI image generation, and other artificial-intelligence functionality within the Services.
• "Authorized User" means an individual who is a member of an Organisation and is permitted to access the Services under that Organisation's account.
• "Input" means the content you submit to the Services, including text, prompts, files, and other materials.
• "Output" means content the Services generate in response to your Input, including AI responses and generated images.
• "Organisation" means a team workspace to which Authorized Users belong and through which the Services are accessed. Where the Services are used by a team, the Organisation is the customer; where you use the Services as an individual, you are the customer and your Account is your personal Workspace. (For technical reasons every Account is associated with an organisation record; where you use the Services individually, references to an Organisation and its Admin mean you.)
• "You" (or "Customer") means the individual or organisation that accepts these Terms, as described in the preamble and the "Acceptance of the Terms" section.
• "Output," "Input," and other content you provide or receive are together "User Content."
• "Services" has the meaning given above and includes the website, applications, and AI Features.
• "Sub-processor" means a third party we engage to process data in order to provide the Services.
• "Subscription" means a paid plan for the Services, if and when we offer paid plans (see "Subscriptions, Fees and Payment").
• "Workspace" means an Organisation's environment within the Services, including its private and shared spaces.

4.Eligibility and Age

4.1 18 and over. The Services are intended only for users who are at least 18 years old. By accepting these Terms, you confirm that you are 18 or older. The Services are not directed to, and may not be used by, anyone under 18.

4.2 Capacity. You confirm that you are able to form a legally binding contract with Collivo, and that you are not barred from receiving the Services under any applicable law, including the sanctions and export-control laws of Australia, the United States, or any country in which you are resident or from which you use the Services.

4.3 Minors. If we become aware that an Authorized User is under 18 (or under 13), we may suspend and delete that Account and associated data, except where we are required to retain certain records by law.

4.4 Accurate information. You agree that the information you provide when registering and using the Services is accurate, current, and complete, and that you will keep it up to date.

5.Accounts, Organisations and Authorized Users

5.1 Registration. To access the Services you must register an Account. Sign-in and account management are provided through our identity provider, and may include single sign-on (SSO) for Organisations that enable it. As part of registration or continued use, you may be asked to provide information such as your name, email address, profile details, and Organisation membership.

5.2 Individuals and teams. You may use the Services as an individual for your own personal use, or as part of a team. If you use the Services as part of a team, access is provided through an Organisation, the Organisation is the customer, and it is responsible for its Workspace and its Authorized Users' use of the Services. If you use the Services as an individual, you are the customer and your Account is your personal Workspace. (For technical reasons every Account is associated with an organisation record; where you use the Services individually, references to an Organisation, Admin, and Authorized Users mean you.) An individual may belong to more than one Organisation.

5.3 Roles and permissions. The Services use role-based permissions (for example, Reader, Editor, and Manager roles, together with an Organisation administrator role). Sharing a project or managing Workspace membership requires the appropriate role. Access to content is governed by these roles and the sharing settings chosen by users.

5.4 Administrators (team Workspaces). Where an Organisation has more than one Authorized User, its Admins may invite, assign roles to, remove, and deactivate or reactivate Authorized Users, subject to safeguards (for example, protection of the last remaining Admin). Admins manage access and membership; they do not control an individual's underlying identity credentials, which are held by our identity provider, and they cannot set a user's password or sign in as that user.

5.5 Responsibility for use. You are responsible for all use of the Services under your Account. Where the Services are used by an Organisation, the Organisation is responsible for the acts and omissions of its Authorized Users in connection with the Services, and for ensuring its Authorized Users comply with these Terms, the Acceptable Use Policy, and any applicable third-party or model terms referenced in these Terms.

5.6 Account security. You are responsible for keeping your Account credentials secure and for all activity that occurs under your Account. You must not share your credentials or let anyone else use your Account, and you must notify us promptly at security@collivo.com if you suspect any unauthorized access or use.

5.7 Ownership of content. Where the Services are used by an Organisation, the Organisation owns the User Content created in its Workspace; individual members (Authorized Users) do not own that content, and it remains with the Organisation if a member leaves. Where you use the Services as an individual for your own personal use, you own your User Content. Access to and sharing of content within a Workspace are governed by the Organisation's roles and permissions. Ownership and licensing of User Content as between you and Collivo are addressed in the "User Content" section below.

6.Beta / Preview Services

6.1 Beta status. The Services are currently provided as a private beta, for evaluation, on an "as is" and "as available" basis. We may add, change, limit, or remove features, and we may suspend or discontinue the Services (in whole or in part), at any time. Beta Services may contain errors, may be interrupted, and may not operate as expected. You should keep your own copies of any content that is important to you.

6.2 No service levels. During the beta we do not offer or guarantee any particular uptime, availability, or support response time.

6.3 Confidentiality of non-public features. The Services may give you access to features, functionality, or information that are not yet public. You agree to keep non-public aspects of the Services confidential and not to disclose them to third parties without our consent, except as required by law.

6.4 Feedback. If you give us feedback, ideas, or suggestions about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose, without any obligation to you.

6.5 Your statutory rights are preserved. Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded (see "Disclaimers" and "Limitation of Liability").

7.User Content

7.1 Your content; your ownership. "User Content" means the Inputs and other content you submit, upload, or create through the Services, including the Output you receive (subject to the "AI Features and Outputs" section). As between you and Collivo, you (or your Organisation, or your respective licensors) retain all rights in your User Content. We do not claim ownership of it.

7.2 Licence to operate the Services. You grant Collivo a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, cache, back up, transmit, display, and modify (for formatting and technical purposes) your User Content, and to make it available within your Workspace or Organisation and to the people you choose to share it with, solely to operate, provide, secure, support, and improve the Services for you. This licence includes processing your User Content through our Sub-processors (including infrastructure and AI providers) to the extent needed to provide the Services and the AI Features. The licence ends when you delete the relevant User Content or close your Account, except for (a) residual copies retained in backups for a limited period, and (b) content we are required to retain by law (see "Term, Suspension and Termination").

7.3 Sharing and third-party data. You control how your User Content is shared within your Workspace through roles and permissions. If you connect a third-party account (for example, Google, Microsoft, Box, or GitHub) or submit content that contains other people's personal information (for example, calendar attendees, or the senders and recipients of imported messages), you represent and warrant that you have all rights, consents, and authority necessary to provide that information to us and to have it processed under these Terms and the Privacy Policy.

7.4 Your responsibilities and warranties. You are responsible for your User Content. You represent and warrant that your User Content, and our use of it as permitted by these Terms, does not and will not (a) infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or (b) violate any law or the Acceptable Use Policy.

7.5 We do not train AI on your content. We do not use your User Content to train AI models, and we route AI requests to providers that we configure not to train on your prompts or outputs; retention by those providers is limited as described in the "AI Features and Outputs" section and the Privacy Policy.

7.6 Removal. We may remove or disable access to User Content that we reasonably believe violates these Terms, the Acceptable Use Policy, or the law, or that may expose Collivo or others to liability, in each case consistent with applicable law.

7.7 Limited monitoring and personnel access. We do not routinely monitor or review User Content, and you are responsible for it. Within the product, access to your content is governed by the roles and sharing settings you choose, and our administrative roles do not allow our staff to read your content through the product or to sign in as you. However, a limited number of authorised personnel may access stored content where reasonably necessary to operate, maintain, secure, or support the Services, to investigate or resolve technical issues, to enforce these Terms or the Acceptable Use Policy, or to comply with law — in each case subject to access controls, authentication, logging, and confidentiality obligations, and as described in the Privacy Policy.

8.AI Features and Outputs

8.1 What the AI Features do. The Services include an AI assistant, AI image generation, and related functionality. You provide Inputs and the Services return Outputs based on those Inputs.

8.2 Outputs may be inaccurate. Artificial intelligence is probabilistic and still developing. Outputs may be inaccurate, incomplete, out of date, or otherwise inappropriate, even if they appear authoritative. You must independently verify Outputs before relying on them. Outputs do not constitute professional advice (including legal, medical, financial, or other regulated advice) and must not be relied on as such.

8.3 Your responsibility. You are responsible for your Inputs and for any use you make of Outputs, including ensuring that such use complies with applicable law and does not infringe third-party rights.

8.4 Ownership of Outputs. As between you and Collivo, and to the extent permitted by applicable law and the terms of the underlying AI model used, you own (or we assign to you) the Output generated from your Input. You acknowledge that: (a) Outputs may not be unique — the AI may generate the same or similar Output for other users; (b) rights in Outputs may be affected by the terms of the third-party AI model that generated them; and (c) purely AI-generated material (such as AI-generated images) may not be eligible for copyright or other intellectual-property protection. We do not represent or warrant that Outputs are original or do not infringe third-party rights.

8.5 How third-party AI providers handle your prompts. This section is about how the third-party AI providers handle the prompts and content we send to them on your behalf. It does not mean that Collivo retains no data: Collivo stores your User Content in your Workspace in order to provide the Services, as described in section 7 (User Content) and the Privacy Policy.

By default, prompts and inputs to the AI assistant are sent to the model providers that generate the response — Anthropic, OpenAI, and Groq directly, and additional vetted providers routed through our AI gateway (OpenRouter). We configure these providers so that they do not use your prompts or outputs to train their models. The gateway-routed providers operate under a zero-data-retention policy (no storage); the direct providers may retain your prompts and outputs only briefly for safety and abuse monitoring before deletion. An Organisation's admin can enable Zero Data Retention for the Organisation (off by default), which disables the direct providers so that AI requests are routed only to zero-data-retention providers. For image generation, we use Together AI with zero-data-retention enabled and model-training opted out. These protections depend on the settings we enable and on each provider's own published policies; we rely on those providers' commitments and do not control their systems (see "Third-Party Services" and "Disclaimers"). We do not send your prompts or Outputs to any third-party monitoring or observability provider. Further detail is in the Privacy Policy.

8.6 Third-party model terms. Your use of the AI Features is also subject to the usage policies and terms of the underlying AI model providers (for example, Anthropic and OpenAI), and you must comply with them; we may pass through restrictions that those providers impose.

8.7 Image generation and safety. Image generation is subject to automated safety filtering. You must not use it to generate prohibited content (see "Acceptable Use"), and you must not submit sensitive personal, financial, or medical information in image-generation prompts.

8.8 Web search. When the assistant searches the web, results come from a third-party search provider (Brave). We do not control and are not responsible for those results, and your use of them is subject to that provider's terms (see "Acceptable Use").

8.9 Stock images are distinct from AI-generated images. The Services involve two different kinds of images, which carry different rights and obligations:

(a) AI-generated images — images you create with the AI image generator are your Output, and are governed by section 8.4 (ownership, including the caveats that such images may not be unique, may not be eligible for copyright, and are not warranted to be original or non-infringing) and section 8.7 (safety and prohibited content).

(b) Stock images — separately, the Services let you select stock photographs (for example, as a cover image for an artifact) sourced from Unsplash. These are not your Output and you do not own them; they are third-party content licensed under the Unsplash License. We grant you a limited, non-exclusive right to use them only as part of your use of the Services and in accordance with the Unsplash License. The attribution displayed with each stock image must remain visible and must not be removed or obscured; and you must not sell unaltered copies, redistribute them as a stand-alone stock-image library, or use them to build a competing service. Unsplash and the contributing photographers retain all rights in the stock images.

9.Acceptable Use

9.1 Acceptable Use Policy. Your use of the Services must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. The key requirements are summarised below.

9.2 General prohibited uses. You must not, and must not permit any Authorized User or other person to, use the Services to: (a) violate any law or regulation; (b) infringe, misappropriate, or violate any third party's rights; (c) harass, abuse, threaten, defame, or harm others; (d) deceive or mislead, including impersonation, phishing, or spoofing identifiers; (e) transmit malware or other harmful code; (f) interfere with, disrupt, overload, probe, scan, or test the vulnerability of the Services or related systems, or breach or circumvent any security or access controls; (g) access non-public areas of the Services, or reverse engineer or attempt to derive source code, except to the extent this restriction is prohibited by law; or (h) use the Services to build or train a competing product or service.

9.3 Prohibited content and child safety. You must not use the Services to create, upload, store, or share child sexual abuse material, non-consensual intimate imagery, content that sexualises minors, or any other illegal content. We remove such content and report it to the relevant authorities as required by law, and we may preserve and disclose it for that purpose (see "Term, Suspension and Termination").

9.4 AI-specific restrictions. You must not use the AI Features or Outputs to (a) generate illegal or prohibited content; (b) develop, train, or improve a competing AI model or service; or (c) scrape, harvest, or extract data other than as permitted by these Terms.

9.5 Third-party and model flow-downs. Because parts of the Services are powered by third parties, you must also comply with those third parties' terms when you use the relevant features, including:

(a) the AI model providers' usage policies, applied through our AI gateway;

(b) web-search results may not be stored, cached, or compiled into a database beyond transient storage needed to operate the Services, and may not be used to train or evaluate AI models;

(c) stock images must be used in accordance with their licence, including any required attribution, and must not be resold as unaltered copies or used to build a competing service;

(d) image-generation prompts must not include sensitive personal, financial, or medical information, and generated content must comply with the image provider's policies (see section 8.7); and

(e) generally, your use must comply with the acceptable-use requirements of the infrastructure and other third-party services that underpin the Services [AWS, MongoDB, WorkOS, and Vercel each require customers to be responsible for their users and to keep their terms consistent with those providers' acceptable-use policies].

Where you connect a third-party account (for example, Google, Microsoft, Box, or GitHub), additional terms apply — see "Third-Party Services and Sub-processors."

9.6 Enforcement. We may investigate suspected violations and may suspend or terminate access in accordance with the "Term, Suspension and Termination" section. For serious violations — including security threats, illegal content, or where required by law — we may act immediately and without prior notice.

10.Third-Party Services and Sub-processors

10.1 Sub-processors. We engage trusted third parties ("Sub-processors") to help provide the Services — for example, cloud hosting and storage, our database, authentication, our AI gateway and model providers, image generation, and web search. We maintain a current list of Sub-processors on our website at https://www.collivo.com/subprocessors (also referenced in the Privacy Policy), and we put appropriate data-protection terms in place with them — a data-processing agreement where the provider offers one, and otherwise the provider's published data-protection terms together with the technical safeguards we configure. We remain responsible for the Services we provide to you; we are not otherwise responsible for a Sub-processor's own products or services beyond our obligations under these Terms and applicable law.

10.2 Third-party services and content. The Services may link to, incorporate, or interoperate with services, content, or materials that we do not own or control ("Third-Party Content"), including web-search results and stock images surfaced within the Services. We do not endorse and are not responsible for Third-Party Content, and your access to and use of it is at your own risk and subject to the terms and policies of the relevant third party (see "Acceptable Use").

10.3 Connected accounts (integrations). The Services let you connect third-party accounts — for example, Google (Drive, Gmail, Calendar), Microsoft (Outlook mail, calendar, SharePoint/OneDrive), Box, and GitHub — so that, at your direction, the Services can access and process content from those accounts (for example, to sync your calendar or import files). If you connect such an account:

(a) you authorise us to access, retrieve, and process content from that account as needed to provide the feature you have enabled, and you may disconnect it at any time (after which we stop accessing it and delete the synced copies as described in the Privacy Policy);

(b) you represent and warrant that you have all rights and consents necessary to connect the account and to have its content — including any third parties' personal information it contains — processed under these Terms and the Privacy Policy; and

(c) your use of the connected service remains subject to that provider's own terms, and you must comply with them.

10.4 Your statutory rights. Nothing in this section excludes any consumer guarantee or other right that cannot lawfully be excluded (see "Disclaimers" and "Limitation of Liability").

11.Subscriptions, Fees and Payment

11.1 Free during beta. The Services are currently provided free of charge during the private beta. We may introduce paid plans ("Subscriptions") in the future, and we will make the applicable terms available before you are charged.

11.2 Subscriptions. When offered, access to certain features may require purchasing a Subscription and paying the applicable fee ("Subscription Fee"). The features, billing period, and price of a Subscription will be described at the time of purchase. You are responsible for ensuring the Subscription you choose is suitable for your needs.

11.3 Billing and payment processor. Subscription Fees are processed through a third-party payment processor (Stripe). By providing a payment method, you authorise us and our payment processor to charge it for the applicable Subscription Fees and any taxes. Your payment information is handled by the payment processor under its own terms and privacy policy, and we are not liable for the acts or omissions of that processor.

11.4 Taxes. Subscription Fees are exclusive of taxes (including GST and any applicable sales tax) unless stated otherwise. You are responsible for all such taxes other than taxes on our income.

11.5 Automatic renewal and cancellation. If a Subscription is offered on a recurring basis, we will clearly disclose the renewal period and price, obtain your consent before charging, and provide an easy way to cancel before the next renewal. You may cancel a Subscription at any time, effective at the end of the current billing period; cancellation stops future charges but does not, except where required by law, entitle you to a refund of fees already paid.

11.6 Changes to fees. We may change Subscription Fees. Any change will apply from the next billing period after we give you notice, and you may cancel before it takes effect if you do not agree.

11.7 Refunds. Except where the Australian Consumer Law requires a refund, or where a refund policy we publish provides for one, Subscription Fees are non-refundable. Nothing in this section limits your Non-excludable Rights under the Australian Consumer Law.

11.8 Non-payment. If a payment fails or is overdue, we may suspend or limit access to paid features until the amount is paid, and you are responsible for any reasonable costs of collection.

12.Intellectual Property; Copyright Complaints

12.1 Our intellectual property. As between you and Collivo, we and our licensors own all right, title, and interest in and to the Services, including the website, software, models, designs, text, graphics, logos, and other materials we provide (excluding your User Content and your Output). These Terms do not grant you any rights in the Services except the limited licence below.

12.2 Licence to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your own personal or internal business purposes for the duration of your access. All rights not expressly granted are reserved.

12.3 Trademarks. "Collivo" and our logos are our trademarks. You may not use them without our prior written permission, except to identify the Services as permitted by law.

12.4 Feedback. Feedback you provide is governed by section 6.4.

12.5 Copyright complaints. We respect intellectual-property rights and act on credible notices of alleged copyright infringement from any rights-holder, regardless of country. If you believe content on the Services infringes your copyright, you may notify us at legal@collivo.com with enough detail to identify the copyrighted work and the allegedly infringing material and to let us contact you. Where appropriate, we will remove or disable access to the material and may act against repeat infringers.

US DMCA. For notices under the US Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3), you may send a notice containing the information that section requires to our designated agent below; we will respond as required, and you may submit a counter-notice if your content was removed in error.

• Designated agent: Attn: Copyright Agent, Collivo Labs Pty Ltd, Sydney, NSW, Australia. Email: support@collivo.com

12.6 Australia. For users and content in Australia, we also act on infringement notices in accordance with the Copyright Act 1968 (Cth) and applicable law.

12.7 Ownership of your content and Output. Ownership of your User Content is addressed in section 7, and ownership of Output is addressed in section 8.4.

13.Privacy and Data Protection

13.1 Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully.

13.2 Where your data is processed. Our infrastructure and Sub-processors are located primarily in the United States, and your User Content and personal information may be processed and stored there. In particular, when you use the AI assistant, your prompts may be routed — under our zero-data-retention configuration — to model providers located in the United States and, for some models, in the European Union (France, Finland, Spain, the Netherlands, or Sweden) or Israel. Where we disclose the personal information of Australian users overseas, we take reasonable steps to ensure the overseas recipient handles it consistently with the Australian Privacy Principles (for example, through data-processing terms and recognised transfer safeguards), as further described in the Privacy Policy.

13.3 Security. We use reasonable technical and organisational measures designed to protect your data, including encryption in transit and at rest and access controls. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

13.4 Your data responsibilities. You are responsible for the lawfulness of the data you submit to the Services, including any third parties' personal information contained in content you upload or in connected accounts (see sections 7.3 and 7.4).

13.5 Retention and deletion. We retain your User Content while your Account (or your Organisation's account) is active, and delete it following closure of the account, subject to (a) residual copies in encrypted backups, which are overwritten within 30 days, (b) content we are required to keep by law, and (c) your ability to delete individual items at any time. We do not restore backups to reinstate deleted data except for disaster recovery, and we re-delete it promptly if a restoration reintroduces it. Further detail, including how to request access to or deletion of your personal information, is in the Privacy Policy.

13.6 Data breaches. We handle personal-data breaches in accordance with applicable law (including Australia's Notifiable Data Breaches scheme) and as described in the Privacy Policy.

14.Disclaimers

14.1 Your statutory rights come first. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded (your "Non-excludable Rights"). Depending on the nature of the failure, your Non-excludable Rights may entitle you to remedies including repair, replacement, resupply, a refund, or compensation for reasonably foreseeable loss, and nothing in these Terms limits those remedies.

Where the law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied. This limitation does not apply where the Services are of a kind ordinarily acquired for personal, domestic, or household use or consumption — in that case your full statutory remedies, including any right to a refund, are unaffected by these Terms.

14.2 "As is" and "as available." Subject to your Non-excludable Rights, and to the maximum extent permitted by law, the Services (including all AI Features, Outputs, and Third-Party Content) are provided on an "as is" and "as available" basis, and we and our licensors and Sub-processors disclaim all other warranties, guarantees, representations, and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that they will meet your requirements.

14.3 AI Outputs. Without limiting the above, we make no warranty as to the accuracy, reliability, completeness, originality, or non-infringement of any Output, which is subject to section 8.

14.4 Beta. The Services are provided as a beta, as described in section 6.

14.5 Third parties. We are not responsible for Third-Party Content or third-party services, which are provided subject to those third parties' terms (see section 10).

15.Limitation of Liability

15.1 No indirect or consequential loss. Subject to your Non-excludable Rights, and to the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, however arising and whether or not foreseeable, in connection with the Services or these Terms.

15.2 Cap on liability. Subject to your Non-excludable Rights and to section 15.3, and to the maximum extent permitted by law, Collivo's total aggregate liability arising out of or in connection with the Services or these Terms — however arising, whether in contract, tort (including negligence), under statute, or otherwise — will not exceed the greater of: (a) the total fees actually paid by you to Collivo for the Services during the 12 months immediately before the event giving rise to the liability; or (b) AUD $100. (Because the Services are free during the beta, paragraph (b) will generally apply until paid plans are introduced.)

15.3 What is not limited. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for your Non-excludable Rights, for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

15.4 Allocation of risk. You acknowledge that the disclaimers and limitations in these Terms reflect a reasonable allocation of risk between the parties, are a fundamental basis of the agreement between us, and (subject to your Non-excludable Rights) apply even if a limited remedy fails of its essential purpose.

15.5 Consumers. If you are a consumer, some of the exclusions and limitations above may not apply to you to the extent the law of your jurisdiction does not allow them.

16.Indemnification

16.1 Your indemnity. To the maximum extent permitted by law, you will indemnify, defend, and hold harmless Collivo and its affiliates, and their respective officers, directors, employees, and agents (the "Collivo Parties"), from and against any and all claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content, Inputs, and Outputs, and your use of them; (b) your use of the Services, including the AI Features and any connected third-party accounts; (c) your breach of these Terms or the Acceptable Use Policy; (d) your violation of any law or of any third party's rights (including intellectual property, privacy, or publicity rights); and (e) the acts or omissions of your Authorized Users.

16.2 Procedure. We will notify you of any claim for which we seek indemnification, and you will assume control of its defence and settlement (provided that you may not settle any claim in a way that imposes any obligation or admission on, or that adversely affects, any Collivo Party without our prior written consent). We may participate in the defence with counsel of our own choosing at our expense.

16.3 Consumers — preserved rights and scope. If you are an individual consumer, this indemnity applies only to the extent permitted by law, and only to claims arising from your own breach of these Terms or the Acceptable Use Policy, your unlawful conduct, or your infringement of a third party's rights. It does not require you to indemnify the Collivo Parties for any liability to the extent it was caused by the Collivo Parties, and it does not exclude, restrict, or modify your Non-excludable Rights.

17.Term, Suspension and Termination

17.1 Term. These Terms apply for as long as you access or use the Services.

17.2 Termination by you. You may stop using the Services at any time and close your Account. Where paid Subscriptions apply, cancellation is governed by section 11.

17.3 Suspension or termination by us. We may suspend or terminate your access to all or part of the Services if: (a) you breach these Terms or the Acceptable Use Policy; (b) we are required to do so by law or by a competent authority; (c) it is reasonably necessary to prevent harm or a risk of liability to Collivo, our users, or others, or to protect the security or integrity of the Services; (d) you fail to pay fees when due (once paid plans apply); or (e) your Account is inactive for a prolonged period. We will give you reasonable notice where practicable; for serious matters — including security threats, illegal content, or where the law requires it — we may act immediately and without prior notice.

17.4 Effect of termination. On termination, your right to access and use the Services ends. Subject to section 17.6, we may delete your User Content in accordance with our retention and deletion practices (section 13.5 and the Privacy Policy). You are responsible for exporting any content that is important to you before your access ends, and, except where prohibited (for example, termination for serious breach or where retention is legally required), we will provide a reasonable opportunity for you to export your content for a limited period before deletion.

17.5 Preservation and legal holds. Despite any deletion right or request, we may retain and, where required, disclose content to the extent necessary to comply with law or a legal obligation — including the preservation and reporting of child sexual abuse material and other unlawful content (see section 9.3) — or to establish, exercise, or defend legal claims.

17.6 Survival. Provisions that by their nature should survive termination will survive, including sections 7 (as to content already processed), 8.4, 12, 14, 15, 16, this section 17.6, and the "Governing Law and Dispute Resolution" and "General" sections.

18.Governing Law and Dispute Resolution

18.1 Governing law. These Terms, and any dispute arising out of or in connection with them or the Services, are governed by the laws of New South Wales, Australia, without regard to its conflict-of-laws rules. This choice of law does not deprive you of the protection of any consumer-protection or other law of your home jurisdiction that cannot be excluded by agreement (your Non-excludable Rights).

18.2 Try to resolve it informally first. Before starting formal proceedings, you agree to contact us (see "Contact and Notices") with a written description of the dispute, and the parties will try in good faith to resolve it within 30 days. Many concerns can be resolved this way.

18.3 Courts. Subject to your Non-excludable Rights and to section 18.2, the courts of New South Wales, Australia have jurisdiction over any dispute, and the parties submit to that jurisdiction. The parties may also agree to mediation in Sydney before commencing proceedings (except where urgent interlocutory relief is needed).

18.4 Your statutory rights. Nothing in this section requires you to waive any right or remedy that cannot lawfully be waived, including your Non-excludable Rights.

19.General

19.1 Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and any additional terms expressly incorporated, are the entire agreement between you and Collivo about the Services and supersede all prior understandings on that subject.

19.2 Changes to the Services. We may add, change, or remove features, or suspend or discontinue the Services (in whole or in part), as described in section 6; we are not liable for doing so, subject to your Non-excludable Rights.

19.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.

19.4 Force majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control.

19.5 No waiver. A failure or delay in exercising any right is not a waiver of it.

19.6 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in effect.

19.7 No third-party beneficiaries. These Terms do not confer rights on anyone other than you and Collivo, except that our Sub-processors and licensors are intended beneficiaries of the disclaimers and liability limitations.

19.8 Relationship of the parties. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.

19.9 Notices and electronic communications. You consent to receive communications from us electronically (for example, by email or in-product notice), and agree that electronic communications satisfy any legal requirement that a communication be in writing. We will send notices to the email associated with your Account; you send notices to us as set out in "Contact and Notices."

19.10 Headings. Headings are for convenience only and do not affect interpretation.

20.Changes to these Terms

20.1 When we change these Terms. We may update these Terms from time to time — for example, to reflect changes to the Services, or for legal, security, or regulatory reasons. If a change is material, we will give you reasonable advance notice before it takes effect (for example, by email or an in-product notice).

20.2 Material changes — we ask you to accept. For material changes (including any change that reduces your rights, increases your obligations, or changes how we handle your content or the AI Features), we will ask you to review and actively accept the updated Terms — for example, by clicking to accept — before you continue to use the Services. We will not treat your continued use alone as acceptance of a material change. If you do not accept, you may stop using the Services and close your Account before the change takes effect, and the material change will not apply to you.

20.3 Non-material changes. For non-material changes — such as minor clarifications or updates that do not reduce your rights or increase your obligations — the changes take effect on the stated effective date, and your continued use of the Services after that date constitutes acceptance.

20.4 Effective date and records. Each change takes effect on its stated effective date or, for a material change, when you accept it. We keep prior versions of these Terms available on request.

21.Contact and Notices

You can contact us, and send any legal or formal notices, at:

Collivo Labs Pty Ltd (ACN 691 514 146; ABN 80 691 514 146) Sydney, NSW, Australia Email: legal@collivo.com (legal notices) · Privacy: privacy@collivo.com · Security: security@collivo.com · Support / abuse reports: support@collivo.com DMCA designated agent: Attn: Copyright Agent, Collivo Labs Pty Ltd, Sydney, NSW, Australia; support@collivo.com (see section 12.5).

Related: Privacy Policy · Acceptable Use Policy · Sub-processors