Terms & Conditions

Who We Are

Curki AI Pty Ltd ABN: 90680119537    ACN: 680 119 537 of 42 The Esplanade Thornleigh (“Curki AI”, “we”, “us”, “our”) supplies:

Curki AI Compliance & Reporting Dashboard (“Dashboard”);
Curki AI Automation Agent (“AI Agent”); and
AI Strategy & Consultancy Services (“Consultancy”)

(collectively, the “Services”) to aged‑care, NDIS and home‑care providers (“Customer”, “you”, “your”).

Accepting These Terms

By (i) signing an Order Form or Proposal, (ii) clicking “Accept”, or (iii) using any part of the Services, you enter a binding agreement with Curki AI on these Terms. If you do not agree, do not use the Services.

Australian Consumer Law (ACL)

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) Schedule 2 (“Australian Consumer Law”) or any other law that cannot lawfully be excluded or limited. Where the ACL permits, our liability is limited (at our option) to re‑supplying the Services or paying the cost of re‑supply.

Scope of Supply

ServiceInclusionsKey LimitsDashboardSecure, cloud‑hosted web app, AI‑generated dashboards, zero‑data‑retention processing.BYO data files; no guarantee the Dashboard will meet every compliance template.AI AgentOne‑off integration, ongoing automation as described in the Order.Requires compatible APIs and continued access to your source systems.ConsultancyWorkshops, roadmaps, pilot builds, training.Deliverables & timetable set out in the Proposal.

We may modify non‑material features at any time; material changes will be notified 30 days in advance.

Fees & Payment

Prices are in Australian dollars, exclusive of GST unless stated.
Subscription fees (e.g. Dashboard: $49 / month; AI Agent: $49 / month organisation) are billed monthly in advance via credit card or direct debit.
Setup fees (e.g. AI Agent integration) and Consultancy fees are payable within 14 days of invoice.
Late payments accrue interest at 8 % p.a. above the RBA Cash Rate.

Data Security, Privacy & Zero‑Data‑Retention

Security – We use store production data only in Australian data centres.
Zero‑Data‑Retention – Uploads are processed in volatile memory; outputs are streamed to you; source files and processed data are permanently deleted when you log out (or after 24 hours of inactivity, whichever is sooner).
Privacy – We comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles and (where applicable) the My Health Records Act 2012. Our Privacy Policy forms part of these Terms.

You warrant that you have all necessary consents and legal bases to provide personal information or health information to us for processing.

Intellectual Property

Curki AI retains all intellectual‑property rights in the Services, underlying models and documentation. You own your own data and any reports the Services generate for you. You grant us a non‑exclusive licence to process your data solely to provide the Services.

Uptime & Support

We target 99.5 % monthly availability excluding Scheduled Maintenance (notified 48 h ahead) and events outside our reasonable control. Support is via email and in‑app chat (9:00–17:00 AEST business days).

Acceptable Use

You must not (a) reverse‑engineer or probe the Services, (b) use them for unlawful, defamatory or infringing purposes, or (c) resell or white‑label them without our prior written consent.

Warranties & Disclaimers

The Services are provided with the statutory guarantees required under the ACL. Subject to that, and to the maximum extent permitted by law, we make no other express or implied warranties (including fitness for a particular purpose). You acknowledge that AI outputs may contain errors and must be reviewed by competent personnel before reliance.

Liability Cap

To the extent permitted by law, our aggregate liability arising out of or in connection with the Services (whether in contract, negligence or otherwise) is capped at the total fees you paid to us in the preceding 12 months. Neither party is liable for indirect or consequential loss, loss of profits or anticipated savings.

Term, Suspension & Termination

Subscriptions renew month‑to‑month until cancelled by either party with 30 days’ written notice.
We may suspend access for non‑payment or material breach after giving you 7 days’ notice to remedy.
Either party may terminate immediately if the other becomes insolvent or commits a non‑remediable material breach. On termination, your access ceases and all data is deleted in line with clause 6.

Refunds

If the Dashboard or AI Agent fails to comply with a Consumer Guarantee and cannot be remedied within a reasonable time, you are entitled to a refund or compensation for any reasonably foreseeable loss, per the ACL. Our 30‑day pilot “money‑back guarantee” (if stated in your Order) operates in addition to, not instead of, your ACL rights.

Third‑Party Integrations

The Services may connect to third‑party systems (e.g., Open AI, AlayaCare, Xero). We are not responsible for those systems or their data accuracy. Your use of third‑party software remains subject to their terms.

Changes to Terms

We may amend these Terms by giving 30 days’ email notice. Continued use after that date constitutes acceptance. If you object, you may terminate before the change takes effect and receive a pro‑rata refund of prepaid unused fees.

The Services may connect to third‑party systems (e.g., Open AI, AlayaCare, Xero). We are not responsible for those systems or their data accuracy. Your use of third‑party software remains subject to their terms.

Governing Law & Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non‑exclusive jurisdiction of Sydney courts. Before litigating, the parties will attempt good‑faith mediation under the Resolution Institute rules.

Contact

Questions or notices? Email kris@curki.ai or write to Curki AI Pty Ltd, 42 The Esplanade Thornleigh 2120

© 2025 Curki AI Pty Ltd. All rights reserved. This document is provided for your information and does not constitute legal advice. Seek independent legal counsel for advice specific to your circumstances.