Sazoom Pty Ltd

Subscription Agreement and Terms and Conditions of Service

Last updated: 28 August 2026, Effective: 28 August 2026

1. Introduction and Overview

Thank you for choosing Sazoom Pty Ltd (ACN 665 977 524) (Sazoom). These terms and conditions (Terms) represent a binding contract between you and Sazoom (Agreement) and govern your access to and use of the Sazoom finance automation platform, including any related mobile applications, APIs, integrations, and services (together, the “Service”).

The Service is provided by Sazoom Pty Ltd (ACN 665 977 524) and our related bodies corporate (“Sazoom”, “we”, “our”, or “us”).

By creating an account, using the Service (including during a free trial or free tier), or otherwise indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree, you must not use the Service.

You represent and warrant that:

  • you have read and understand these Terms
  • you are at least 18 years of age
  • you have the legal capacity to enter into binding contract with Sazoom
  • you agree to our Privacy Policy set out at www.sazoom.ai/privacy_policy

If you are acting on behalf of your employer, company, organization or client, you represent and warrant that you have legal authority to bind your employer, company, organization or client to these Terms and you accept these provisions on their behalf.  The term ‘you’ will mean you, your employer, your company, your organisation or your client.

We may change these terms and conditions at any time. We will notify you of such changes by posting through the Platform, on our website or by other means such as email but will not be liable for any failure to do so. The revised Terms will be posted on our website. If any changes to these Terms are unacceptable to you, you must terminate and immediately stop using our Services. If you continue to use our Services after the changes take effect, you agree to be bound by the revised Terms.

2. Eligibility & Account Registration

To be eligible to use our service:

  • You must be 18 years or older and have the legal capacity to enter into a binding contract.
  • You must provide accurate, complete, and current information when creating your account and keep it updated.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
  • You must promptly notify us at support@sazoom.ai of any unauthorised use or suspected security breach.

If you invite additional users under your organisation’s account, you are responsible for their compliance with these Terms.

3. Service Subscription

User Registration: You will need to register to use our Services. To register with us, you need to provide certain information, such as your name and email address (User Information). You agree to provide true, accurate, complete and up-to-date user Information to us to register and maintain your registration (User Account).

Subscribing to our Service: All users need to be linked to a valid subscription account to access our Services (Subscription Account). Depending on your subscription plan or bundle, you will be able to access different levels of service, functionality, content, data and user entitlements.  If you sign up and subscribe to our Services, you will be the Account Owner (contracting party) for the purposes of these Terms. As the Account Owner, you will be responsible for the subscription, entitled to the benefits accruing under your subscription and authorised to make changes to the subscription.  Your subscription account is not transferable to any other person or account. 

Automatic Renewal: Unless terminated by you or by us, your subscription will be automatically renewed at the end of each subscription period.  For monthly subscription, your subscription will be renewed on a monthly basis. For annual subscription, your subscription will be renewed on an annual basis.

Service Trial: To access free trials that we offer from time to time, you will need to register for the trial with a trial subscription account. If you want to continue to access our services and any content in the account after the trial period, you will need to subscribe to a free or paid service before the trial ends.

License to Service: Subject to these Terms and payment of applicable subscription fee, we grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable right to access and use the Services for the duration of your subscription term. You agree to and represent that you will use the Services only for your own internal, lawful business purposes and in compliance with applicable law.

Beta Features: We may include new and/or pre-release, limited release and trial features (Beta Features) in our Services and such features are provided on an as-is basis and you use them at your own risk. Your use of such features will be at no additional cost but you must follow additional rules or restrictions that we may place on their use.

4. Subscription Plans & Payment

Fees: Depending on your subscription plan or bundle, you may need to pay a subscription fee. 

Paid Plans: If you subscribe to a paid plan, you agree to pay the applicable fees described on our Plans page.

Free Tier: We may offer a limited free plan for evaluation or ongoing basic use. Features and limits are described on our Plans page. We may change, limit, or discontinue the free tier at any time.

Trials: Free trials may be offered with defined duration. At trial end, you may upgrade to a paid plan or revert to the free tier (if available).

If you are in a free trial period or subscribing to a free service that we may offer from time to time, you will not be required to make payments during the offer period. 

Payment: You agree that we may charge your payment account for the subscription fees and charges for your selected subscription plan or bundle.  You must provide us with valid payment account information such as credit card, debit card, bank account or other acceptable payment mechanism selected by you. You authorise the payment to be made against you nominated payment account and undertake to have sufficient funds in your payment account for the payment to be made. If your payment information is not accurate, current, and complete, we may suspend or terminate your account.

Billing Cycle: Fees are billed in advance, on a monthly or annual basis, unless otherwise stated. Payments are non-refundable and we do not provide partial refunds or credits if you cancel your subscription part way through a subscription period

Auto renewal: Your subscription will be automatically renewed at the end of each subscription period but you can cancel your subscription at any time.

Subscription Plans: Your subscription fee is based on the subscription plans and bundles we publish on our website which set out the subscription pricing and service entitlements for each subscription plan. 

Upgrades/Downgrades: You can change your plan at any time via the Account Management section. Upgrades take effect immediately (prorated where applicable). Downgrades take effect at the start of your next billing cycle.

Price changes: We may change our subscription plans and adjust the pricing for our subscription or Services from time to time. This includes changing from a free service to a paid service and charging for Services that were previously provided or offered free of charge. We will communicate the plan and price changes to you in advance of the changes. Price and Plan changes will take effect from the next subscription period following the date of the price change. If you do not agree with the price or plan change, you should unsubscribe before the price or plan change takes effect.

Late and Overdue payments: We may charge you interest on any late and overdue payment at a rate equivalent to the interest rate for the time being published by the State Revenue Office of Victoria, Australia from the date the payment was due with the interest charges to be calculated daily.

Taxes: Our Fees are exclusive of applicable taxes, which will be charged as required by law.  You are responsible for paying all taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency associated with your subscription and use of our services wherever they are levied. Your responsibility includes applicable withholding tax if it applies to you. 

Cancellation: You may cancel your subscription at any time. Subscription cancellations will take effect at the end of your current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the Services until the end of that subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.

5. Responsibilities

You are responsible for:

Account Security: securely managing and maintaining your Account Information and access to it. This includes your user identification and password(s) for the Services. You must notify us immediately if you believe the security of your Account Information has been breached including any unauthorized use of your password or identification, or if your Account information has been stolen.

Authorized Account Users: the activities of all users whom you authorise to access or use the Services through your Account. You must ensure that all such users comply with these Terms.

Account Activities: all activities that occur under your Account and password, even if not authorized by you.

Data Input: for providing correct, accurate, complete and up-to-date customer data and information that you use for the Services and determining the suitability of such data for the Service.

Data backup: saving, archiving, backing up and keeping backups of any data and Content you enter, upload or provide through your use of our Services and platform. You will be responsible for any lost or unrecoverable data and content including where the data and Content becomes inaccessible due to you exceeding your storage entitlement or where we have removed your rights to access or view that data and Content.

Third party applications: your use of integrations with third-party applications and any data stored in or accessed from those applications. You use such integrations at your own risk.

Account Information: Keeping your account information accurate, complete and up to date.

6. Acceptable Use:

You agree not to:

  1. Interfere with or disrupt the Service’s integrity or undermine the security or integrity of our IT systems or networks;
  2. Use our Services in any way that might impair functionality or interfere with the Platform system, Service and third-party accounts;
  3. Attempt to access, monitor or intervene with third party accounts you are not authorized to access or to collect or track the data, Content or personal information of other users that does not belong to you;
  4. Circumvent, disable, by-pass or interfere with security or system features that restrict access to the System or enforce limitations and subscription entitlements of the Services;
  5. Introduce or upload anything to our services that includes viruses or other malicious code;
  6. Share anything that may be offensive or inappropriate, violate any law, or infringe on the rights of others;
  7. Send or transmit any unsolicited or unauthorized advertising, such as spam;
  8. Attempt to decipher, decompile, disassemble, reverse engineer, modify, copy, adapt, or reproduce in any way any of the software, source code or algorithms of the Sazoom Platform and Services;
  9. Reproduce, modify, distribute, resell, lease, license, or provide free or unauthorized access to the Sazoom Platform, Services and data in any way;
  10. Infringe or violate our intellectual property rights or the intellectual property rights of others;
  11. Impersonate or misrepresent your affiliation with Sazoom or its Services;
  12. Violate any law, regulation, rules or ordinances, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
  13. Commit fraud or other illegal acts through our Services;
  14. Harass, insult, abuse, intimidate, stalk or threaten any of our employees, partners, or other users; and
  15. Encourage or enable any other individual to do any of the above or otherwise violate these Terms.

We may suspend or terminate your account if you violate this Acceptable Use policy.

7. Intellectual Property

We retain legal and beneficial ownership of all rights, titles, interest and intellectual property rights (including but not limited to software, designs, text, graphics, AI models, copyrights, trade secrets, trademarks, and patent rights that are owned by or licensed to Sazoom) subsisting in our website, Service and any software used in our Service. Our Services and intellectual property are protected by Australian and worldwide copyright, trademark, and other applicable laws. Unless expressly granted under these Terms, there is no implied or constructed rights and licenses to our intellectual property. You agree not to use, copy, download, distribute, display, modify, redesign, reconfigure, retransmit, store or make derivative works of our intellectual property rights in any way without our explicit prior written consent or unless as explicitly stated in these Terms.

You are granted a limited, non-exclusive, non-transferable licence to use our Service in accordance with these Terms.

You may not copy, modify, reverse engineer, or distribute any part of our Service without our explicit prior written consent.

8. Data and Content

You retain all rights, title and interest, including intellectual property rights, in and to your Customer Data.

You grant us a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, process, display, index, analyse, aggregate, transform and otherwise use Customer Data as reasonably necessary to provide, operate, maintain, secure and improve our Services.

You acknowledge and agree that we may use Customer Data to:

  • operate the platform and provide the Services to you;
  • store, host, process and display Customer Data and make it available to you through the Services;
  • analyse, classify, reformat, transform and otherwise process Customer Data to create forecasts, analytics, reports, contextual information, metadata, insights, suggested actions and other outputs;
  • improve our Services, systems, products, features and user experience and create new products, services, tools, features and functionality;
  • create and use anonymised or aggregated data for statistical analysis, benchmarking, research, service improvement and product development; and
  • where permitted by applicable law and any third-party terms or restrictions applicable to the data, create and use anonymised or aggregated data to develop, test and train our systems, algorithms and models.

We do not use Customer Data sourced from Xero to train external AI models.

Subject to your rights in the underlying Customer Data and any applicable third-party rights, we retain all rights, title and interest in our Services and technology, including our software, methodologies, algorithms, systems, models, know-how, analytics and other technology developed in providing or improving the Services, and in anonymised or aggregated data that does not identify you or any individual.

9. Data Collection, Handling and Storage

Where you choose to connect Sazoom to third-party software or services, including accounting software such as Xero, you authorise us to access and interact with that connected service to the extent reasonably necessary to provide the features you enable and in accordance with the permissions you grant.

Depending on the integration and the features you use, this may include retrieving, synchronising, processing, submitting, creating or updating data and records on your behalf. Connected data (“Connected Service Data”) may include accounting records, transactions, invoices and bills, contacts, payment records, organisation information, documents and other business information.

You authorise us to use Connected Service Data for the purpose of providing, operating, maintaining, supporting and securing the relevant integration and the other functions of the Service that you have authorised.

We may use third-party technology and service providers where reasonably necessary to provide these functions, subject to the data-handling provisions of this Agreement and our Privacy Policy.

We use infrastructure and technology providers, including providers such as Amazon Web Services and Supabase, to host, store and process data used in providing the Services. Depending on the service, configuration and provider used, data may be stored or processed in Australia or other secure locations used by those providers, including locations outside Australia. Further information about overseas processing is set out in our Privacy Policy.

You may disconnect a connected service at any time using the applicable Disconnect control made available through the Service. Once the connection is removed, we will no longer be authorised to access the disconnected account or organisation through that connection unless you reconnect it.

Disconnecting a third-party service does not necessarily delete data previously imported into or generated by our Service. Retention and deletion of data held by us are governed by this Agreement and our Privacy Policy.

We may suspend or remove access to Connected Service Data where reasonably necessary to comply with law, protect the security or integrity of the Service, enforce this Agreement or respond to the termination or revocation of the relevant third-party connection.

10. Use of AI-Powered Features

Some features of our Service use artificial intelligence, machine learning and other automated technologies to analyse information and generate outputs such as forecasts, classifications, insights, suggested actions, scenarios, summaries and other decision-support information.

We may use external technology providers, including providers such as Amazon Web Services and OpenAI, to provide AI-enabled features.

When you choose to use an AI-enabled feature, you instruct and authorise us to transmit to those providers the information reasonably necessary to perform the requested function. Depending on the feature, this may include information provided directly by you or information obtained through a connected service that you have authorised us to use.

External providers process that information in accordance with our arrangements with them and for purposes reasonably necessary to provide, operate and secure the relevant technology services.

Your use of AI-enabled features is governed by these Terms and any additional terms or notices that we expressly make available in relation to those features.

We do not permit external AI providers to use Customer Data submitted by us to train their models.

11. Prohibited use of AI features

You must not use our AI-powered features or Services to:

  • Carry out any unlawful or fraudulent acts;
  • Violate any applicable laws or regulations;
  • Generate, create or disseminate, directly and indirectly, false, misleading, harmful, or illegal data, information or content;
  • Facilitate or promote fraud, discrimination or harassment;
  • Impersonate individuals or organizations;
  • Attempt to reverse engineer, extract, or modify our service or any underlying models;
  • • Build, train, fine-tune or distil an AI, Machine Learning or Language Model system.
12. AI Output Disclaimer

AI Generated Outputs are generated using information available to the Service, relevant system rules, models and other inputs.

AI Generated Outputs may contain errors, omissions or inaccuracies, or may be incomplete, outdated or unsuitable for your circumstances.

You acknowledge and agree that:

  • there are inherent risks in using and relying on AI Generated Outputs;
  • you are responsible for reviewing and verifying material AI Generated Outputs before relying on them or using them to make business, accounting, financial, tax, legal or other decisions;
  • the Service and AI Generated Outputs are not professional financial, accounting, legal, tax or business advice and do not replace advice from an appropriately qualified professional; and
  • You are solely responsible for verifying and interpreting AI Generated Outputs, and deciding whether to use and how to act on them.
13. Termination and Suspension

Either you or Sazoom may terminate this agreement at any time without cause.

Termination by You

You may cancel your account at any time via Account Management or by emailing support@sazoom.ai.

Termination by us

We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or misuse our Service, including:

  • if we determine that your use of the Services:
    • is in breach or fails to comply with these Terms;
    • is unlawful;
    • is in a manner not consistent or contemplated by these Terms.
    • is associated or suspected to be associated with fraud, illegal activity, abuse, misuse, security breaches or improper usage.
    • is prejudicial to or conflicts with our interests and operations.
  • if you failed to make payment or if your payment information is not accurate, current, and complete as required under these Terms.

If we suspend your account and Services, we will endeavour to contact you to provide you with the reasons of your suspension and give you 30 days to rectify the breaches or improper actions or make payments so we can reinstate your account and Services.

If we terminate your Account because of fraud, unlawful conduct, material misuse of the Service, a material security breach caused by you, or a material breach of these Terms, we may prevent you, directly or indirectly, from creating or accessing another Account without our prior written consent. This includes creating, accessing or using an Account in another person’s or entity’s name, using another person’s or entity’s details, or creating, accessing or using an Account on behalf of another person or entity to circumvent that restriction. We may suspend or terminate any Account used for that purpose.

Effect of termination

Upon termination, your access to the Service will end, and we may delete your data in accordance with our Privacy Policy.

Access to Service

If you cancel your subscription in the middle of a subscription period, you will be able to continue to access and use our Services until the end of that subscription period. After your subscription ends, you will not be able to access the Services or your data in it.

If you deregister and delete your account or if we terminate or suspend your account, you access to the Service will end immediately.

Upon the cancellation, termination or suspension of your subscription, the license and other rights granted to you under these Terms will end immediately.

Data access and retention

If you cancel your subscription in the middle of a subscription period, you will be able to continue to access and use our Services until the end of that subscription period. After your subscription ends, you will not be able to access the Services or your data in it.

If you deregister or delete your Account, or if we terminate or suspend your Account, your access to the Service will end immediately.

Upon termination or suspension of your Account, or at the end of the current subscription period following cancellation, the licence and other rights granted to you under these Terms will end.

Data access and retention

If you cancel your subscription, we may archive your Customer Data and retain it for a period consistent with our data-retention practices. If you reinstate your subscription during that period, archived Customer Data may again become available through your reinstated Account.

If you request deletion of your Account, or if your Account is terminated, we will delete or de-identify Customer Data in accordance with our Privacy Policy and data-retention practices, subject to any information that we are required or reasonably need to retain for legal, regulatory, security, fraud-prevention, dispute-resolution, backup or legitimate business purposes.

Information retained for those purposes will remain subject to the applicable confidentiality, privacy and security obligations under this Agreement and our Privacy Policy and will not be retained for longer than reasonably necessary for the relevant purpose.

Once Customer Data has been permanently deleted from our active systems and applicable backup or retention processes, it cannot be recovered.

We will not be liable to you or other third party for any damages, compensation or reimbursement for termination or suspension of your account, your inability to access any data residing within our Services and deletion of your data.

Outstanding fees

The cancellation of your subscription or termination of your Account will not affect your obligation to pay outstanding fees owing up to and including the date of termination or your entitlement to any refund.

Refund

If you cancel your subscription or deregister your account part way through a subscription period, we do not provide refunds or credits for any cancellations or partial subscription period.

If we terminate your Account without cause, we will refund any prepaid subscription fee attributable to the unused portion of your current subscription period.

If we terminate your Account because of your breach of these Terms, non-payment, fraud, unlawful conduct or misuse of the Service, no refund will be payable except to the extent required by applicable law.

14. Confidential Information

Either you or we may disclose, become aware of or come into possession of Confidential Information of the other party in connection with the performance of this Agreement or your use of the Services.

Each party agrees to:

  • take reasonable steps to protect the other party’s Confidential Information from unauthorised use or disclosure; and
  • use the other party’s Confidential Information only for the purposes for which it was disclosed or as otherwise permitted by this Agreement.

The receiving party may disclose the Confidential Information where required by law, regulation, court order or a lawful requirement of a government or regulatory authority provided that the receiving party:

  • to the extent possible, promptly notifies the other party in writing when it anticipates that disclosure may be required; and
  • if disclosure cannot be avoided, discloses only the Confidential Information to the extent reasonably required by law, taking into account any reasonable directions of the other party concerning the disclosure.
15. Connected Service Actions

Some features of our Service may allow you to instruct or authorise Sazoom to create, submit or update records in a connected third-party service.

Where the Service presents information for your review or approval before an action is performed, you are responsible for reviewing the information and confirming that the proposed action is appropriate before authorising it.

We will perform an authorised action based on the information available to our Service and the instructions or approvals provided by you. You acknowledge and agree that you are responsible for the accuracy of information supplied or approved by you and for reviewing the resulting records in the connected service.

An action that records a payment, settlement or similar event in accounting software may update the accounting record without itself transferring money. Where a feature of our Service actually initiates or facilitates the movement of funds, we will identify that functionality separately and any additional terms or requirements applying to that service will also apply.

Connected third-party services operate independently of our Service and they may reject, delay, modify or otherwise affect an authorised action in accordance with their own systems, permissions and terms.

16. Information and Suggested Actions – Not Professional Advice

As part of our Services, we may provide information, insights, reports, forecasts, alerts and suggested actions that may assist you in considering how to operate and manage your business.

Your business and financial circumstances are unique. Information and outputs generated by the Service are based on the data and assumptions available to the Service and may not take into account all information, circumstances, risks, opportunities or non-financial factors relevant to your business.

Information, insights, reports, forecasts, alerts and suggested actions provided through the Service are general and indicative in nature and are provided for informational and decision-support purposes. They are not personalised professional advice and should not be relied upon as the sole basis for making decisions.

You are responsible for determining the relevance, appropriateness, accuracy and completeness of information and outputs generated by the Service for your circumstances.

Sazoom does not provide professional financial, accounting, legal or tax advice and is not a practicing accountant, registered tax agent or licensed financial adviser. Our Service is not a substitute for advice from an appropriately qualified professional and we are not liable for your use of information or outputs as a substitute for such professional advice.

When using information or outputs provided through the Service, you should consider your own objectives and circumstances, review material outputs before acting on them and obtain professional advice where appropriate.

By using the Service, you acknowledge that you remain responsible for the decisions you make and their outcomes.

17. Data Protection & Privacy

Your use of our Service is also governed by our Privacy Policy.

If you are located in the European Economic Area (EEA) or United Kingdom, our processing of your personal data will comply with the General Data Protection Regulation (GDPR) or UK GDPR as applicable, and you have specific rights (access, rectification, erasure, portability, restriction, and objection).

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA/CPRA), including the right to know, delete, and opt out of certain data sharing.

Requests under these frameworks can be made to privacy@sazoom.ai.

18. Publicity

You agree and grant us the royalty-free right to use your name, logo and/or other marks for the purpose of identifying you as a user and/or customer of our Services.

19. Service Level and Support and Maintenance

Availability and Support: We will use commercially reasonable efforts to keep the Service available and functioning, but we do not guarantee uninterrupted or error-free operation.

We may modify, enhance, or discontinue any feature at any time. Where changes materially reduce functionality, we will give you reasonable advance notice.

Maintenance: You agree and acknowledge that we may need to take our system and Services offline to perform scheduled and emergency maintenance and upgrades. We will use best endeavours to perform such maintenance and upgrade work outside normal business hours and to minimise any system downtime and disruptions. We will not be liable for any damages, losses or costs incurred by you or any other third party due to the unavailability of our system and Services during maintenance and upgrades or for other reasons beyond our reasonable control.

20. Force Majeure

Notwithstanding any other provision of this agreement, if a party is unable, by reason of a Force Majeure Event, to carry out any of its obligations under this agreement (other than an obligation to pay money), then:

  • those obligations will be suspended to the extent that the party is prevented by such Force Majeure Event from performing those obligations; and
  • neither party will be liable to the other party for any costs, losses or damages incurred in connection with that Force Majeure Event.
21. Disputes

Initial Dispute Resolution: If you have any concern or dispute about our Services, you agree to first try to resolve the dispute informally by contacting us.  You may contact us at legal@sazoom.ai and provide us with a written description of the dispute and your contact information including your Account username.  Except for intellectual property, both you and Sazoom agree to use their best efforts to settle any dispute, claim, question, or disagreement directly by consulting and negotiating with each other in good faith.

Binding Arbitration: If you and Sazoom do not agree on a resolution within thirty days from the time you initiated the initial informal dispute mechanism, then either party may initiate binding arbitration as the sole means of resolving the dispute except for intellectual property matters as provided below in these Terms. Both you and Sazoom agree to refer the dispute to be finally resolved by arbitration administered by the Australian Disputes Centre (ADC). The arbitration must be conducted in Melbourne, Australia in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules). The terms of the Rules are hereby deemed incorporated into this agreement. This clause shall survive termination of this agreement. Each party will be responsible for its own costs of arbitration.

Intellectual Property Exception: notwithstanding both parties’ agreement to resolve all disputes through binding arbitration, either party may bring legal claims, actions and enforcement to protect their intellectual property rights.

Class Action Waiver: you and we agree that each may bring claims against the other only in their individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative action.

22. Disclaimer of Warranties

Our Service is provided to you “As Is” and “As Available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Sazoom, on its own behalf and on behalf of our Affiliates and their respective licensors, third party service providers, distributors or suppliers, expressly disclaims all warranties, conditions, representations and guarantees whether express, implied, statutory or otherwise, with respect to our Services, including all implied warranties of the merchantability, fitness for a particular purpose, data loss, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking and make no representation of any kind that our Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither we nor our providers make any representation or warranty of any kind, express or implied:

  • as to the operation or availability of our Services, or the information, content, and materials or products included thereon;
  • that our Services will be uninterrupted or error-free;
  • as to the accuracy, reliability, or currency of any information or Content provided through our Services; or
  • that our Services, its servers, the Content, or e-mails sent from or on our behalf are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian consumer law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

This does not affect any separate limitation of liability that applies under clause 23 to the extent permitted by law.

To the extent permitted by applicable law, our liability for a failure to comply with a consumer guarantee in relation to the Services is limited, at our option, to supplying the Services again or paying the cost of having the Services supplied again.

23. Limitation of Liability

Subject to any liability that cannot be excluded by law and notwithstanding any damages that you might incur, our aggregate liability and that of our affiliates and suppliers for all claims relating to this Agreement, whether in contract, tort, equity, under statute or on any other basis, shall be limited to the greater of:

  • the total fees paid by you to us during the twelve months (12) before such claim arose; or
  • five hundred dollars ($500).

To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential, exemplary or punitive damages whatsoever, including, but not limited to damages for loss of profits, loss of data or other information, for business interruption, for damage to business reputation, for personal injury, for loss of privacy, for costs of procuring substitute goods or services or for loss of business opportunities arising out of or in any way related to the use of or inability to use our Services, third-party software and/or third-party hardware used with our Services or otherwise in connection with any provision of these Terms, even if we or any supplier have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

24. Indemnity

You agree to indemnify, defend, and hold us and our officers, directors, employees, members, shareholders, agents, contractors, representatives, successors and assignees (indemnified parties) harmless from and against any and all liabilities incurred in connection with:

  • your use or inability to use our Services;
  • your misuse of our Services;
  • your breach or violation of this Agreement;
  • your violation of any applicable law;
  • your violation or infringement of the rights of any user or third party, including intellectual property and privacy rights; and
  • any data or Content entered, uploaded or submitted by you or using your Account to our Services.

We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defence and control of any such claims. You agree to reasonably cooperate as requested by us in the defence of any claims. You will not, in any event, settle any claim or matter without our prior written consent.

25. Governing Law

These Terms are interpreted under and governed by the laws of the State of Victoria, Australia, without regard to conflict of law principles. Subject to clause 21, the courts of Victoria have non-exclusive jurisdiction over any disputes.

For privacy or data-protection matters, if you are located in the EEA, UK or Switzerland, you may also have the right to make a complaint to your local supervisory authority.

26. Survival

Any provision of this Agreement which by its nature is intended to survive termination or expiry will continue to apply after termination or expiry, including provisions concerning payment obligations accrued before termination, intellectual property, data and Content, confidentiality, disclaimers, limitation of liability, indemnities, dispute resolution and governing law.

Without limiting the foregoing, clauses 4, 7, 8, 10, 12, 13, 14, 16, 21, 22, 23, 24, 25 and this clause 26 survive the termination or expiry of this Agreement to the extent necessary to give them effect.

27. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party’s ability to exercise such right or require such performance at any time thereafter nor will a waiver of a breach constitute a waiver of any subsequent breach.

28. Assignment

We may assign, novate or otherwise transfer this Agreement or any part thereof, or any other right, benefit or interest to any party at any time without notice to you. You may not assign your rights under this Agreement without our prior written consent. Any attempts to do so without our consent will be null and void. This Agreement will be binding upon any permitted successors and assignees.

29. Relationship

The relationship between Sazoom and you is that of independent contractor and client and does not constitute a partnership, joint venture, employment, principal and agent, franchisor and franchisee or trustee and beneficiary.

30. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

31. Notices

You agree we may deliver notice to you electronically including but not limited to by e-mail or by posting notices on our Service and website. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing and will be deemed to have been duly given and delivered when our system shows the message as being delivered.

32. General Provision

This agreement represents the entire agreement between the parties in relation to the subject matter of this agreement and supersedes and replaces any other agreements by the parties in relation to the same subject.

33. Limited to Australian Businesses

Until further notice, our service is only available to subscribers in Australia.

34. Definition

Account means a unique account created for you to access our Service or parts of our Service

Authorized Account Users and Authorised Users means employees, contractors, agents, accountants, advisors and other persons that Account Owner nominates and authorizes to use our Services on its behalf and/under its subscription account with us.

Account Information means any information pertaining to the creation and administration of your Account, such as user identification, password, usernames, email addresses and payment details associated with the Account.

Account Owner means the person or entity that holds a valid Subscription Account with us and is the contracting party for the purposes of these Terms and the primary person responsible for the subscription.

AI Generated Outputs means outputs generated or materially assisted by artificial-intelligence, machine-learning or other AI-enabled automated functionality within the Service, including classifications, insights, suggested actions, scenarios, summaries and other decision-support outputs.

Authorized Account Users or Authorised Users means employees, contractors, agents, accountants, advisors and other persons whom the Account Owner authorises to use our Services on its behalf under its subscription Account.

Confidential Information means all information (whether in written, electronic or other form) concerning or in any way connected with a party’s businesses, products, customers, financial information, property or affairs, and which in connection with this agreement is disclosed to the receiving party by the disclosing party, or by any person on behalf of the disclosing party, or which otherwise comes to the knowledge of the receiving party, that is by its nature confidential, designated by the disclosing party as confidential or which the receiving party knows or ought reasonably to know is confidential, but does not include information which is generally publicly available (other than as a result of a breach of this agreement) or which is or becomes known to the receiving party other than through breach of an obligation of confidentiality or which is independently developed.

Content includes, but is not limited to, data, documents, text, information, materials, graphics, images, logos, audio, video, uploaded, entered, posted, generated, stored, or otherwise made available through our Services or the platform.

Customer Data means data, information, documents and Content that you or your Authorised Users provide, upload or otherwise make available to the Service, including data made available through third-party systems or services that you authorise us to connect to.

Fees means the fees payable by you for our Services under this Agreement.

Force Majeure Event means any cause or event which is not within the reasonable control of a party and which could not reasonably have been prevented by that party, including acts of God, war, acts of terrorism, extreme weather conditions, floods, earthquakes, fire, pandemics and industrial disputes.

Intellectual Property means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, trade mark, design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.

Platform means technology infrastructure, environment and processes that operate, deliver and support our Services including our systems, cloud computing infrastructure, third party applications and systems, application programming interfaces, community forum and customer support resources. 

Services means Sazoom’s services, including our transaction processing, business planning & financial modelling and financial intelligence as a Subscription means access to our Services acquired by a customer upon creating an Account with us.

System means Sazoom’s proprietary cloud-based software-as-a-service software, hardware, user interface, applications, processes, procedures, websites and security protocols. 

Term has the meaning given in clause 1.

User means a person who has registered with us to use our Services.

Website means Sazoom’s website, accessible from www.sazoom.ai.

Contact Us
Sazoom Pty Ltd
Email: support@sazoom.ai