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Terms and Conditions

Effective Date: January 1, 2025

Terms and Conditions

Please read these terms carefully before using the Mavrk AI platform and services.

Mavrk AI Pty Ltd | ACN: 689 711 162

Important Notice

By accessing or using the Mavrk AI platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use our Services.

Table of Contents

1. ACCEPTANCE OF TERMS


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1.1 Agreement to Terms

By accessing or using the Mavrk AI platform ("Platform"), services, website, APIs, or any associated software (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our Services.


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1.2 Capacity to Enter Agreement

You represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement
  • If acting on behalf of an organisation, you have authority to bind that organisation to these Terms

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    1.3 Modifications to Terms

    Mavrk AI Pty Ltd reserves the right to modify these Terms at any time. We will notify you of material changes via email or through the Platform. Continued use of the Services after modifications constitutes acceptance of the updated Terms.



    2. DEFINITIONS


    For the purposes of these Terms:

  • **"AI Agent"** means an artificial intelligence-powered assistant created or configured within the Platform
  • **"Customer"** or **"You"** means the individual or entity accessing the Services
  • **"Content"** means any data, text, audio, video, or other materials submitted to or generated by the Platform
  • **"Personal Information"** has the meaning given in the Privacy Act 1988 (Cth)
  • **"Subscription Period"** means the period for which you have paid for access to the Services
  • **"Tenant"** means an organizational account within our multi-tenant architecture


    • 3. SERVICES PROVIDED


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    3.1 Platform Services

    Mavrk AI provides:

  • AI agent creation and orchestration capabilities
  • Workflow automation and execution services
  • Voice and phone communication services via third-party providers
  • Speech-to-text and text-to-speech conversion
  • Personal AI assistant configuration
  • API access for integration purposes
  • Real-time communication via WebSocket connections

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    3.2 Service Availability

  • We strive for 99.5% uptime but do not guarantee uninterrupted service
  • Scheduled maintenance will be notified 48 hours in advance where practicable
  • Emergency maintenance may occur without notice

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    3.3 Service Modifications

    We reserve the right to:

  • Modify, suspend, or discontinue any Service features
  • Impose limits on certain features or restrict access to Services
  • Implement usage quotas and rate limiting


    • 4. ACCOUNT REGISTRATION AND SECURITY


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    4.1 Account Creation

    You must:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Select a strong, unique password
  • Not share your account credentials with others

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    4.2 Account Security

    You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorised use
  • Implementing appropriate security measures for API keys and tokens

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    4.3 Multi-Factor Authentication

    We strongly recommend enabling multi-factor authentication (MFA) on your account. Failure to enable MFA may limit your recourse in case of unauthorised access.



    5. ACCEPTABLE USE POLICY


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    5.1 Permitted Use

    You may use the Services only for lawful purposes and in accordance with these Terms.


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    5.2 Prohibited Activities

    You must not:

  • Violate any applicable laws or regulations
  • Infringe any third-party intellectual property rights
  • Transmit malicious code, viruses, or harmful data
  • Attempt to gain unauthorised access to our systems
  • Use the Services for illegal surveillance or harassment
  • Generate or distribute misleading or deceptive content
  • Impersonate others or misrepresent your affiliation
  • Reverse engineer or attempt to extract source code
  • Resell or sublicense the Services without written permission
  • Use automated means to create multiple accounts
  • Engage in cryptocurrency mining using our infrastructure
  • Violate the Spam Act 2003 (Cth) or Telecommunications Act 1997 (Cth)

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    5.3 Phone Services Compliance

    When using phone and voice services, you must:

  • Comply with the Do Not Call Register Act 2006 (Cth)
  • Obtain proper consent before making automated calls
  • Not use services for emergency calls (000, 112)
  • Comply with all telecommunications regulations
  • Respect call recording laws in relevant jurisdictions


    • 6. DATA AND PRIVACY


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    6.1 Data Processing

    Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.


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    6.2 Customer Data

  • You retain ownership of all data you submit to the Platform
  • You grant us a limited licence to process your data to provide the Services
  • We will not sell or share your data with third parties except as described in our Privacy Policy

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    6.3 AI-Generated Content

  • Content generated by AI agents may be based on various data sources
  • We do not guarantee the accuracy, completeness, or reliability of AI-generated content
  • You are responsible for reviewing and verifying AI-generated content before use

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    6.4 Data Location

    Your data is stored and processed in Amazon Web Services (AWS) data centres in the Asia-Pacific (Singapore) region. By using our Services, you consent to this data transfer and processing.



    7. INTELLECTUAL PROPERTY


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    7.1 Our Intellectual Property

    The Platform and all associated intellectual property rights remain the exclusive property of Mavrk AI Pty Ltd. This includes:

  • Software code and algorithms
  • User interface designs
  • Trademarks and logos
  • Documentation and training materials

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    7.2 Your Content

    You retain all rights to the content you submit to the Platform. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, and display your content solely for providing the Services.


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    7.3 Feedback

    Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.



    8. PAYMENT TERMS


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    8.1 Subscription Fees

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are in Australian Dollars (AUD) unless otherwise specified
  • Fees are exclusive of GST, which will be added where applicable

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    8.2 Payment Methods

    We accept payment via:

  • Credit card (Visa, Mastercard, American Express)
  • Direct debit
  • Bank transfer for enterprise accounts

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    8.3 Late Payments

  • Late payments may result in service suspension
  • We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month
  • You are responsible for any collection costs incurred

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    8.4 Refunds

  • No refunds for partial months or unused services
  • Annual subscriptions may be eligible for pro-rata refunds at our discretion
  • Refunds for service failures will be assessed on a case-by-case basis


    • 9. SERVICE LEVEL AGREEMENT


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    9.1 Uptime Commitment

    We target 99.5% monthly uptime for the Platform, excluding:

  • Scheduled maintenance
  • Force majeure events
  • Issues with third-party services
  • Customer-caused outages

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    9.2 Support

  • Standard support via email during business hours (9 AM - 5 PM AEST)
  • Premium support options available for enterprise customers
  • Response time targets based on issue severity


    • 10. LIMITATION OF LIABILITY


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    10.1 Disclaimer of Warranties

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.


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    10.2 Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claims under these Terms shall not exceed the fees paid by you in the 12 months preceding the claim
  • We shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • We are not liable for loss of profits, data, business, or opportunities

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    10.3 Consumer Guarantees

    Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified.



    11. INDEMNIFICATION


    You agree to indemnify, defend, and hold harmless Mavrk AI Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit to the Platform


    • 12. TERMINATION


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    12.1 Termination by You

    You may terminate your account at any time through the account settings or by contacting support.


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    12.2 Termination by Us

    We may suspend or terminate your account immediately if:

  • You breach these Terms
  • You fail to pay fees when due
  • We are required to do so by law
  • Continued provision of Services becomes impractical

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    12.3 Effect of Termination

    Upon termination:

  • Your access to the Services will cease immediately
  • We may delete your data after 30 days
  • You remain liable for any outstanding fees
  • Sections that by their nature should survive will remain in effect


    • 13. DISPUTE RESOLUTION


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    13.1 Negotiation

    Parties must attempt to resolve disputes through good faith negotiation before pursuing other remedies.


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    13.2 Mediation

    If negotiation fails, disputes shall be submitted to mediation in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines.


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    13.3 Jurisdiction

    These Terms are governed by the laws of New South Wales, Australia. Subject to the dispute resolution process, the parties submit to the exclusive jurisdiction of the courts of New South Wales.



    14. COMPLIANCE WITH LAWS


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    14.1 Export Control

    You must comply with all applicable export control laws and not export the Services to prohibited countries or persons.


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    14.2 Anti-Corruption

    You must not use the Services in violation of anti-corruption laws, including the Criminal Code Act 1995 (Cth).


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    14.3 Privacy and Data Protection

    You must comply with all applicable privacy and data protection laws when using our Services.



    15. THIRD-PARTY SERVICES


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    15.1 Integration

    The Platform may integrate with third-party services (e.g., Twilio for phone services). Your use of such services is subject to their respective terms and conditions.


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    15.2 No Liability

    We are not responsible for the availability, accuracy, or performance of third-party services.



    16. GENERAL PROVISIONS


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    16.1 Entire Agreement

    These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mavrk AI Pty Ltd.


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    16.2 Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.


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    16.3 Waiver

    No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.


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    16.4 Assignment

    You may not assign or transfer your rights under these Terms without our prior written consent.


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    16.5 Force Majeure

    Neither party shall be liable for delays or failures due to causes beyond their reasonable control.


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    16.6 Notices

    Notices must be sent to:

  • **Email:** legal@mavrkai.com
  • **Address:** [To be provided]

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    16.7 Interpretation

    Headings are for convenience only and do not affect interpretation. References to legislation include any amendments.



    17. CONTACT INFORMATION


    **Mavrk AI Pty Ltd**

    Email: support@mavrkai.com

    Website: www.mavrkai.com

    ACN: 689 711 162


    **Last updated:** January 2025

    Key Highlights

    Data Security

    Your data is stored securely in AWS Singapore region with enterprise-grade encryption.

    Phone Services Compliance

    Full compliance with Do Not Call Register Act 2006 (Cth) and telecommunications regulations.

    Transparent Pricing

    All fees in AUD, GST inclusive where applicable, with clear billing cycles.

    Australian Law

    Governed by New South Wales law with ACDC mediation for dispute resolution.

    Need Help?

    If you have any questions about these Terms and Conditions, please contact us:

    Legal: legal@mavrk.ai
    Support: support@mavrk.ai
    Website: www.mavrk.ai

    By using the Mavrk AI Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.