Terms and Conditions

These Terms apply from when you sign up for an Account until the date your Account is terminated. You must be at least 18 years old to use our Platform. We operate an invitation-only system.

Platform Licence

While you have an Account, we grant you and your Authorised Users a right to use our Platform. This right cannot be transferred and may be suspended or revoked under these Terms.

You must not (and must ensure Authorised Users do not):

• Access or use our Platform in any improper or unlawful way
• Interfere with or interrupt the supply of our Platform
• Introduce viruses or malicious software
• Attempt to access unauthorised data, servers or accounts
• Send unsolicited electronic messages via our Platform
• Use data mining, robots, scraping or data extraction tools
• Transmit defamatory, offensive, abusive, indecent, menacing or unwanted material

Variations (Clause 1.5)

We may amend these Terms at any time by providing written notice. By continuing to use our Platform after 30 days of notification, you agree to the amended Terms. If you do not agree, you may close your Account and receive a pro-rata refund of any prepaid Subscription Fees.

Our Platform connects Members with Security Providers or Security Firms for security and related services. We are not a party to any transaction between Members and Security Providers.

Account Types

Member Accounts (Free)

• Create your digital twin
• Send reports of security incidents for Boby Places
• Access Platform features available to Members
• Engage Security Firms or Security Providers on a pay-as-you-go basis

Members Providing Security Services

Must hold valid security licences and provide required documentation. Entitled to a Lifetime Subscription.

Security Firm Accounts

Must create a Security Firm Account and maintain an annual Subscription.

Asset Manager Accounts

For those managing assets or properties. Must maintain a Subscription.

Insurance Requirements

By accepting a Booking Request via the Platform, you represent, warrant and agree that you hold appropriate insurance to cover the Security Provider Services you agree to provide. We may request evidence of your insurance at any time.

Without limiting the foregoing, Members providing security services and Security Firms must hold, at minimum, a current public liability insurance policy with a limit of indemnity of no less than AU$10,000,000 per occurrence. We may require evidence of this policy before permitting you to accept Booking Requests. Failure to maintain the minimum required insurance may result in suspension or termination of your Account.

Where we request evidence of insurance, we are not confirming that the insurance you hold is sufficient or suitable. It remains your responsibility to seek professional advice on the insurance coverage required for your specific circumstances.

Booking Process

Members browse and search for service providers, send a Booking Request, and if accepted, a Confirmed Booking is created. No binding agreement exists until a Confirmed Booking is created.

Members and Security Firms may communicate privately outside the Platform. We are not responsible for communications outside the Platform.

Subject to your compliance with these Terms, we will provide you with access to our Platform (our Services). We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

Additional services may be available at our discretion and will be scoped and priced in a separate contract.

While you have an Account, you agree to:

• Keep your information up-to-date, true, accurate and complete
• Keep usernames and passwords secure and confidential
• Notify us of any unauthorised access to your Account

To Create an Account You Must:

• Receive an invitation from an existing Member
• Verify your email address
• Verify your phone number
• Provide your date of birth

You may be required to provide additional verification documents within 30 days of creating your Account. Failure to provide such verification may result in suspension or termination.

Age Verification

You must be at least 18 years of age to use our Platform. By creating an Account, you represent and warrant that you are at least 18 years of age and that all information you provide, including your date of birth, is true, accurate and complete.

If we become aware, or have reasonable grounds to suspect, that a Member is under 18 years of age, we will take the following steps immediately:

• Suspension: The Account will be suspended immediately pending investigation
• Investigation: We will request age verification documentation within 5 business days
• Termination: If the Member is confirmed to be under 18, the Account will be permanently terminated
• Data Deletion: All Personal Information and Digital Twin Data relating to the minor will be deleted in accordance with applicable privacy laws, including any data used in AI training where technically feasible
• Inviting Member: The Member who invited the minor may have their Account reviewed and may face suspension or termination for breach of these Terms

We do not knowingly collect or retain Personal Information of persons under 18 years of age. If you believe a minor has created an Account on our Platform, please contact us immediately at info@getboby.ai.

Identity Checks (Security Providers Only)

Before providing security services, you must pass our identity verification process. Verified providers may use a Verified Status symbol on our Platform. Verified Status does not guarantee or endorse conduct. Members should conduct their own due diligence before engaging any service provider.

Member Accounts are free to create and operate on a pay-as-you-go basis. Asset Managers and Security Firms must maintain paid Subscriptions. Members with valid security licences are entitled to a Lifetime Subscription.

Subscriptions auto-renew at the end of each Subscription Period. You may cancel through your Account. Cancellation takes effect at the end of the current Subscription Period. Annual Subscribers will receive a renewal reminder at least 30 days prior to renewal.

Lifetime Membership

• Non-transferable and non-refundable
• Subject to these Terms and may be terminated for violations
• Suspended if your security licence expires, lapses or is revoked
• Does not guarantee access to future features offered separately

Payments for Security Provider Services are made directly between Members. We do not hold funds on behalf of any party. We facilitate payment processing through our third-party payment processor and collect Service Fees.

Booking Fees are charged when a Confirmed Booking is created. A Service Fee (a percentage of Booking Fees) is deducted before funds are transferred to the service provider.

Late Payments

If fees are not paid on time, we may suspend your access to our Services and charge interest at the Reserve Bank of Australia's cash rate plus 2% per annum, calculated daily and compounding monthly.

Taxes

You are responsible for paying any levies or taxes associated with your use of our Services. GST-registered service providers must include GST in their Booking Fees. We may be required to report transaction information to tax authorities under applicable reporting regimes.

Promotions (Security Providers and Security Firms Only)

We may offer promotional opportunities such as featured email marketing or promoted placement on our Platform. Terms and fees for Promotional Opportunities will be set out in the relevant offer.

Reviews

Members may review their experiences with other Members and Security Firms. Reviews must be true, fair, accurate and based on your own experience. You must not disclose Personal Information in a Review. We may remove Reviews we consider untrue, unfair, inaccurate, offensive or inappropriate.

If you have received an incentive for leaving a Review, you must disclose this in your Review.

Once your Account is verified, you may create your digital twin — your AI-powered digital assistant that stores your knowledge base, preferences and information. You can only have one digital twin per Member Account.

You retain ownership of all Digital Twin Data you input. You have self-custody of your Digital Twin Data and control what is stored and how it is used.

AI Training Data Use and Consent

By creating and using your digital twin, you expressly consent to us using your Digital Twin Data to train, improve and develop our AI models, including:

• Analysing patterns in how you use your digital twin
• Improving the accuracy and functionality of AI responses
• Developing new features and capabilities
• Creating anonymised and aggregated data for research and development

Withdrawing Consent

You may withdraw your consent to the use of your Digital Twin Data for AI training purposes at any time by contacting us at info@getboby.ai with the subject line "AI Training Opt-Out". Upon receipt of your withdrawal:

• We will cease using your Digital Twin Data for AI training purposes from the date of your withdrawal
• Your withdrawal will not affect the lawfulness of any data processing that occurred prior to your withdrawal
• Where your data has already been incorporated into trained AI models in anonymised or aggregated form, it may not be technically feasible to remove it. We will notify you of this where applicable
• Withdrawing consent does not affect your ability to continue using your digital twin for other purposes

If you do not consent to the use of your Digital Twin Data for AI training, you should not create or use a digital twin, or you may withdraw your consent as described above.

Death of Account Holder

In the event of the death of a Member, the following applies to their digital twin and associated data:

• Authorised Representative: A legally authorised representative of the deceased Member's estate (such as an executor or administrator) may contact us at info@getboby.ai to request access to, a copy of, or deletion of the deceased Member's Digital Twin Data. We will require satisfactory proof of authority before actioning any such request.
• Account Suspension: Upon receiving notice and satisfactory proof of a Member's death, we will suspend the Account to prevent unauthorised access pending instructions from the authorised representative.
• Data Retention: In the absence of instructions from an authorised representative within 12 months of account suspension due to death, we may permanently delete the Account and all associated Digital Twin Data, subject to any applicable legal obligations to retain data.
• Non-Transferability: A digital twin and its associated Account are personal to the Member and cannot be transferred, inherited or assigned to another person, except that an authorised representative may request a copy of Digital Twin Data for estate purposes.

Prohibited Content

You must not input information that is illegal, defamatory, offensive, abusive, violates any person's rights, infringes intellectual property rights, contains malicious code, or violates these Terms.

If you close your Account, your digital twin will be deleted subject to our data retention obligations and any applicable requests from an authorised representative as described above.

We strive to make our Services available at all times, but we do not guarantee 100% availability. Services may be disrupted during scheduled or emergency maintenance, or due to third-party service providers such as cloud hosting providers.

We will try to provide reasonable notice of disruptions where possible. To the maximum extent permitted by law, we are not liable for disruptions caused or contributed to by third parties.

Both parties agree not to use the other's confidential information and to take reasonable steps to protect it from unauthorised disclosure. Confidential information may only be shared with legal or regulatory authorities if required by law.

We collect, hold, disclose and use Personal Information in accordance with our Privacy Policy and applicable privacy laws. You must only disclose Personal Information to us if you have the right to do so.

Members and Security Firms must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

Data Breach Notification

We are committed to complying with our obligations under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme. In the event of an eligible data breach that is likely to result in serious harm to one or more individuals:

• We will notify the Office of the Australian Information Commissioner (OAIC) as soon as practicable, and no later than 30 days after we become aware of the breach
• We will notify all affected individuals whose Personal Information was involved in the breach
• We will take all reasonable steps to contain the breach and mitigate any resulting harm
• Notification to affected individuals will be provided directly where contact details are known, or via a prominent notice on our Platform where direct notification is not practicable

If you become aware of any actual or suspected breach of security relating to your Account or Personal Information on our Platform, please notify us immediately at info@getboby.ai.

Cross-Border Data Transfers

In providing our Services, your Personal Information and Digital Twin Data may be transferred to, stored in, or processed in countries outside Australia, including but not limited to the United States of America. This may occur because:

• Our AI and large language model capabilities are powered by third-party providers (including Anthropic, PBC, incorporated in the United States), whose infrastructure may process your data on servers located outside Australia
• Our cloud hosting infrastructure (including Google Cloud Platform) operates across multiple global regions
• Our content delivery and networking services (including Cloudflare, Inc.) operate globally

By using our Platform and creating a digital twin, you consent to your Personal Information being transferred to and processed in these overseas locations. We take reasonable steps to ensure that any overseas recipients of your Personal Information handle it in a manner consistent with the Australian Privacy Principles. Further details of our data storage and processing arrangements are set out in our Privacy Policy.

In some jurisdictions you may have guarantees, rights or other remedies provided by law (Consumer Law Rights). These Terms do not restrict your Consumer Law Rights.

If you accept these Terms in Australia, nothing in these Terms limits the application of any part of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Subject to your Consumer Law Rights, we do not provide refunds for a change of mind or change in circumstance.

Cancellation and refund of Booking Fees is strictly a matter between the Members involved. Booking terms must clearly state whether refunds or cancellations are permitted.

If a service provider fails to deliver services under a Confirmed Booking and the engaging Member has made reasonable efforts to communicate, we may (at our sole discretion) process a refund of any Booking Fees paid.

Any Service Fees charged in respect of unfulfilled Confirmed Bookings remain due to us and are a debt payable by the service provider, which we may deduct from future payments.

We own all intellectual property rights in our Services, including how our Platform looks and functions, copyrighted works, trademarks, inventions and designs. You must not copy or misuse our intellectual property without our written permission.

We may use any feedback or suggestions you give us in any manner we see fit. No benefit will be owed to you as a result of any use by us of your feedback.

Ownership of AI-Generated Outputs

Where your digital twin generates content in response to your instructions or inputs (AI Output), the following applies:

• Your Ownership: Subject to these Terms and applicable law, AI Outputs generated through your personal use of your digital twin are owned by you to the extent that ownership can be claimed under applicable intellectual property law.
• AI Limitations: You acknowledge that AI-generated content may not attract copyright protection in all jurisdictions. The legal status of AI-generated works is evolving and may vary based on your location and the nature of the output. We make no representation as to the intellectual property status of any AI Output.
• Our Licence: You grant us a non-exclusive, royalty-free licence to use AI Outputs as necessary to operate and improve the Platform, including for AI training purposes as described in clause 8, subject to the consent and withdrawal provisions set out in that clause.
• No Guarantee of Uniqueness: Similar or identical AI Outputs may be generated for other Members. We do not guarantee that any AI Output is unique or that it does not infringe third-party intellectual property rights. You are solely responsible for verifying that any AI Output you use does not infringe the rights of any third party.
• Third-Party Claims: To the maximum extent permitted by law, we are not liable for any intellectual property infringement claims arising from your use of AI Outputs.

Your Data

We do not own Your Data. By entering or uploading data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit and use Your Data while you have an Account (and for a reasonable period afterwards) for purposes including:

• Supplying our Services to you and your Authorised Users
• Diagnosing problems with our Services
• Improving, developing and protecting our Services
• Sending relevant information based on your marketing preferences
• Performing analytics to remedy bugs or issues

We may create anonymised statistical data from Your Data. Once anonymised, we own that data and may use it for business purposes.

You represent, warrant and agree that:

• You will not use our Platform in any way that competes with our business
• There are no legal restrictions preventing you from entering into these Terms
• All information and documentation provided to us is true, correct and complete
• You are responsible for complying with all laws applicable to your use of our Services

Additional Warranties (Security Providers and Security Firms)

• You hold all necessary licences, qualifications, insurance and permits, including minimum public liability insurance as specified in clause 2
• You are solely responsible for determining which Booking Requests to accept
• You are not our employee and not entitled to employment benefits
• We do not supervise, direct or control any services you offer
• You are responsible for any taxes payable on fees you receive

Regardless of other provisions:

• Neither party is liable for any Consequential Loss
• Liability is reduced proportionately to the extent caused by the other party's actions or inactions
• Our aggregate liability is limited to Subscription Fees paid by you in respect of the relevant Services, or AU$1,000 if you do not have a Subscription

We May Terminate If:

• You fail to pay Subscription Fees when due
• You or Authorised Users breach these Terms and do not remedy within 14 days
• You or Authorised Users commit an irremediable breach
• Your security licence expires, lapses or is revoked (for service providers)
• You experience an insolvency event

You May Terminate If:

• We breach these Terms and do not remedy within 14 days of notification
• We commit an irremediable breach

You may also terminate at any time through your Account. Termination takes effect at the end of your current Subscription Period.

Upon Termination:

• We retain Your Data as required by law or regulatory requirements
• Service provider profiles will be removed and unfulfilled Confirmed Bookings cancelled
• Members will be refunded for unfulfilled Confirmed Bookings

Assignment

You may not transfer or assign these Terms without our prior written consent. We may assign these Terms to a third party.

Disputes Between Members and Security Providers

We encourage parties to resolve disputes directly and in good faith. We are not responsible for mediating or resolving disputes between Members and Security Providers.

Disputes with Boby

Neither party may commence court proceedings without first meeting in good faith to resolve the dispute. If unresolved, disputes are referred to mediation (Australian Disputes Centre) or arbitration (ACICA) as applicable.

Governing Law

These Terms are governed by the laws of Queensland, Australia. Disputes are determined exclusively by Queensland courts.

Events Outside Our Control

We will not be liable for any delay or failure to perform our obligations under these Terms if that delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control (Force Majeure Event). Force Majeure Events include, but are not limited to:

• Acts of God, natural disasters, floods, earthquakes, storms or other extreme weather events
• Pandemic, epidemic or public health emergency declared by a government or health authority
• Acts of war, terrorism, civil unrest, riot or government action
• Failure of third-party telecommunications networks, internet services or cloud infrastructure
• Cyberattacks, distributed denial of service attacks or other malicious interference with our systems not caused by our negligence
• Changes in law or government regulation that materially affect our ability to provide the Services
• Industrial disputes or strikes not involving our own employees

If a Force Majeure Event occurs, we will notify you as soon as reasonably practicable, describing the nature of the event and its expected duration. We will take all reasonable steps to minimise its effect and resume performance of our obligations as soon as practicable.

If a Force Majeure Event continues for a period of more than 60 consecutive days, either party may terminate these Terms by providing 14 days' written notice, without liability to the other party (other than for amounts already due and payable). If you have a paid Subscription and elect to terminate under this clause, you will receive a pro-rata refund of any prepaid Subscription Fees for the period following the date of termination.

Other General Terms

• Marketing: You agree to receive electronic communications from us. You may opt-out at any time using the unsubscribe function in our electronic communications.
• Nature of Relationship: These Terms do not create a partnership, joint venture, employment or agency relationship between us and you.
• Notices: Notices to us must be sent to the email address set out at the beginning of these Terms. Notices to you will be sent to the email address registered against your Account.
• Survival: Clauses 11 to 17 survive the termination or expiry of these Terms.