Eplex AI - Terms of Service

(a) Welcome to Eplex AI. These Terms of Service ("Terms") govern your access to and use of the Eplex AI services ("Services"), which are accessible via our website at www.eplex.ai ("Website") and any associated products.

(b) The Services are operated by Eplex AI, ABN 95688724601. Please read these Terms carefully. By accessing the Website, creating an Account, purchasing a Subscription, or using the Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and the Services immediately.

(c) Eplex AI reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Eplex AI updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication.

(a) Eplex AI is a web-based service for global communications.

(b) You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account.

(c) Some accounts may be governed by a separate Software Licensing Agreement with Eplex AI, which may amend these Terms. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by an applicable Software Licensing Agreement.

(d) The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Eplex AI is not responsible for any delays, delivery failures, or other damage resulting from such problems.

(a) Subject to your compliance with these Terms, including payment of any applicable Subscription Fees, Eplex AI grants you a worldwide, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal or internal business purposes for the duration of your Subscription Period.

(b) You may not sublicense, resell, or otherwise provide the Services to any third party without the prior written consent of Eplex AI.

(a) As between you and Eplex AI, you retain all right, title, and interest in and to your Service Data (as defined in our Privacy Policy).

(b) You grant Eplex AI a limited, worldwide license to access, use, copy, and process your Service Data solely for the purpose of providing, maintaining, and improving the Services to you in accordance with these Terms and our Privacy Policy.

(c) You are solely responsible for the accuracy, legality, and content of your Service Data and for complying with all applicable laws regarding your data.

(d) We treat Service Data as confidential; we access it only to provide the Services and never use it to train our or any third-party AI models.

(a) You must only use the Services and Website lawfully and in accordance with these Terms. Eplex AI reserves the right to suspend or cancel your account if you use the service to:

• (i) Engage in any act that would disrupt the access, availability, and security of the Services, including but not limited to tampering with servers, reverse-engineering, or imposing an unreasonable load on our infrastructure.
• (ii) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
• (iii) Stalk, harass or threaten other users or any member of the public.
• (iv) Misrepresent your identity or impersonate any person or entity.
• (v) Post, upload, or share content that violates Eplex AI's content policy.
• (vi) Infringe upon the intellectual property rights of Eplex AI or any third party.

(a) In order to access the Services, you must first purchase a subscription ("Subscription") and pay the applicable fee ("Subscription Fee").

(b) You will be required to register for an account ("Account") and provide personal information such as your name, email, and payment details. You warrant that any information you provide will be accurate, correct and up to date.

(c) Once registered, you will be a registered user ("User") and be bound by these Terms.

(d) You may not use the Services if you are not of legal age to form a binding contract with Eplex AI or are otherwise barred from receiving the Services under applicable laws.

(a) Payments for the Subscription Fee may be made using third-party services not controlled by Eplex AI. You acknowledge that Eplex AI is not liable for any loss arising from these third-party services, and you agree to their terms and conditions.

(b) If a payment is returned or denied, you are liable for any associated costs, including banking fees and charges.

(c) Eplex AI may vary the Subscription Fee at any time, with the new fee taking effect at the conclusion of your existing Subscription period.

(a) The Website, the Services, and all related products are the property of Eplex AI and are subject to copyright. All rights in the Services and compilation of the Website are owned or controlled by Eplex AI or its contributors.

(b) Eplex AI retains all rights, title, and interest in and to the Website and all related Services. Nothing in these Terms transfers any ownership of Eplex AI's intellectual property to you.

(c) You may not copy, republish, adapt or change the Services without the prior written permission of Eplex AI.

(d) If you provide any feedback, suggestions, or ideas to Eplex AI, you grant Eplex AI a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback for any purpose without any attribution or compensation to you.

(a) Use of the Website and the Services is at your own risk. Everything is provided to you "as is" and "as available" without warranty or condition of any kind.

(b) Eplex AI is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.

(a) Our aggregate liability in any 12-month period will not exceed the fees you paid in that period, except for willful misconduct, breach of confidentiality, or indemnities. Nothing in these Terms limits your non-excludable rights under the Australian Consumer Law.

(b) You agree that Eplex AI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, including any loss of profit, goodwill, or business reputation.

(a) These Terms will continue to apply until terminated by either you or Eplex AI. You may terminate by not renewing your Subscription or by providing 14 days' notice.

(b) Eplex AI may terminate the Terms with you if you breach any provision, if required by law, or if providing the Services is no longer commercially viable.

(c) Upon termination you will have 30 days to export your Service Data via our tools; we will delete remaining copies within 60 days unless legally required to retain them.

(a) If a dispute arises, a party must provide written notice to the other party. The parties must then endeavour in good faith to resolve the dispute through negotiation within 28 days.

(b) If not resolved, the dispute must be submitted to mediation with a mediator appointed by the Australian Mediation Association. The mediation will be held in Sydney, Australia.