Emanda App Terms of Service
Last updated: 6 August 2025
1 Terms of Service
(a) Please read these Terms of Service ("Terms", "Terms of Service") carefully before using
the https://my.emanda.app website (the "Service") operated by Emanda App Pty Ltd
(“Emanda App”"us", "we", or "our"), including but not limited to AI-powered business
analytics, automated valuation algorithms, secure data repository services, and related
technological infrastructure.
(b) Your access to and use of the Service is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users and others who access or use the
Service. You warrant that you are at least 18-years-old and you are legally capable of
entering into binding contracts. If you are under 18-years-old, you warrant that you have
obtained consent from your parent or guardian and they agree to be bound by these Terms
on your behalf.
(c) By accessing or using the Service you agree to be bound by these Terms. If you disagree
with any part of the terms then you may not access the Service. Users must be at least 18
years of age or the age of majority in their jurisdiction, whichever is higher. Users represent
that they have the legal capacity to enter into these Terms and comply with all applicable
laws.
2 Definitions
(a) In these Terms, unless the context requires otherwise:
(i) "AI Services" means artificial intelligence and machine learning features integrated
within the Service including but not limited to business valuation algorithms, risk
assessment tools, and recommendation engines;
(ii) "Australian Consumer Law" means Schedule 2 of the Competition and Consumer
Act 2010 (Cth);
(iii) "Business Valuation" means any estimate, calculation, or assessment of business
value generated by the Service's AI Services;
(iv) "Client Data" means all data, content, and information uploaded, input, or submitted to
the Service by or on behalf of the User;
(v) "Consumer" means a natural person acquiring services for personal, domestic, or
household use or consumption
(vi) "Data Room" means the secure virtual data repository functionality within the Service
enabling document storage and sharing;
(vii) "Intellectual Property Rights" means all intellectual property rights including patents,
trade marks, service marks, registered designs, copyright, database rights, domain
names, trade secrets, know-how and all other similar rights wherever existing in the
world whether registered or not;
(viii) "Platform" means the Emanda software application and related services accessible
via https://my.emanda.app and any associated mobile applications;
(ix) "Professional Services" means services requiring professional qualifications,
licensing, or certification under applicable law
(x) "User" means any person who accesses or uses the Service;
(xi) "User Account" means the account created by a User to access and use the Service;
(xii) "User Content" means all content, data, information, and materials submitted,
uploaded, or transmitted by Users through the Service.
(b) References to "writing" or "written" include email and other electronic communications.
(c) Headings are for convenience only and do not affect interpretation.
(d) References to any statute include any modification, amendment, or re-enactment thereof.
(e) Words in the singular include the plural and vice versa.
(f) References to persons include individuals, corporations, and other legal entities.
3 User Accounts and Acceptable Use
(a) In order to use the Services, you will be required to create a User Account with us, and
Users must:
(i) provide accurate, current, complete, and truthful information when creating a User
Account and must maintain the accuracy of such information;
(ii) promptly update account information when changes occur;
(b) All Users agree that provision of false, misleading, or incomplete information may result in
account suspension or termination.
(c) Account Security:
(i) Users are solely responsible for maintaining the confidentiality and security of their
account credentials including usernames, passwords, and authentication
information;
(ii) Users are fully responsible for all activities, transactions, and communications that
occur under their User Account, whether authorised or unauthorised;
(iii) Users must immediately notify us of any suspected unauthorised access to or use
of their User Account.
(d) Account Sharing:
(i) User Accounts are personal to the registered User and may not be shared,
transferred, assigned, or used by any other person without our express written
consent;
(ii) Users may not create multiple accounts for the same individual or entity;
(iii) Users may not allow others to access their account or impersonate other persons
through their account.
(e) Prohibited Uses:
(i) Users are strictly prohibited from utilising the Service for any purpose that violates
applicable laws, regulations, industry codes, professional standards, or that could
reasonably result in legal liability for the Company or third parties
(ii) Users must not:
(A) attempt to gain unauthorised access to the Service, other users' accounts,
computer systems, or networks connected to the Service;
(B) transmit, distribute, or store viruses, malware, trojans, worms, or other harmful
or malicious code through the Service;
(C) interfere with, disrupt, or attempt to compromise the security, integrity, or
performance of the Service;
(D) reverse engineer, decompile, disassemble, or attempt to extract source code
from the Service;
(E) use automated systems, robots, scripts, or other automated means to access
the Service without our express written authorisation;
(F) infringe upon intellectual property rights, privacy rights, or other proprietary
rights of third parties;
(G) engage in any activity that could damage our reputation or business interests;
(H) use the Service to compete with us or develop competing products or services.
(f) Content Standards:
(i) User Content must not contain any material that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise
objectionable;
(ii) User Content must not infringe upon any intellectual property rights, privacy rights, or
other rights of third parties;
(iii) User Content must not contain confidential information of third parties without proper
authorisation.
(g) Monitoring and Enforcement:
(i) We reserve the right, but have no obligation, to monitor User Content and account
activity for compliance with these Terms;
(ii) We may investigate suspected violations of these Terms and take appropriate action
including warning Users, suspending accounts, terminating access, and reporting
violations to law enforcement;
(iii) We may preserve and disclose User Content and account information as required by
law or to protect our rights and interests.
(h) Suspension and Termination:
(i) We may suspend or terminate User Accounts immediately, with or without notice, for
violations of these Terms, unlawful activity, or behaviour that threatens Service
security, integrity, or other users;
(ii) Upon suspension or termination, Users must immediately cease all use of the Service;
(iii) We may delete User Content associated with suspended or terminated accounts.
4 Subscriptions and Billing
(a) Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be
billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set
either on a monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
(b) At the end of each Billing Cycle, your Subscription will automatically renew under the exact
same conditions unless you cancel it or Emanda App cancels it. You may cancel your
Subscription renewal either through your online account management page or by contacting
Emanda App customer support team. Cancellation must be received at least seven (7)
business days before the end of the current Billing Cycle to avoid charges for the next
period. Cancellations received after this deadline will be effective at the end of the
subsequent Billing Cycle. We do not provide refunds or credits for partial periods of service,
unless required by law.
(c) A valid payment method, including credit card or PayPal, is required to process the payment
for your Subscription. You shall provide Emanda App with accurate and complete billing
information including full name, address, state, post or zip code, telephone number, and a
valid payment method information. By submitting such payment information, you
automatically authorize Emanda App to charge all Subscription fees incurred through your
account to any such payment instruments.
(d) You expressly authorise us to store your payment method information and to automatically
charge your payment method for all fees when due, including upon renewal. You agree to
maintain valid payment information and to update it within 48 hours of any change. You are
responsible for all fees and charges incurred through your account, including any purchases
made by authorised or unauthorised users.
(e) Should automatic billing fail to occur for any reason, Emanda App will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the
full payment corresponding to the billing period as indicated on the invoice.
(f) Payment default exceeding 30 days entitles us to immediate suspension of Service access,
collection of all outstanding amounts plus reasonable collection costs, and termination for
material breach without prejudice to other legal remedies.
(g) You are responsible for all applicable taxes (excluding taxes on our income), levies, duties,
and charges imposed by any governmental authority in connection with your use of the
Service. If we are required to collect or pay taxes in connection with your Subscription, such
taxes will be added to your billing unless you provide us with a valid tax exemption
certificate.
5 Business Valuation Disclaimers
(a) Not Financial or Investment Advice
(i) Business Valuations constitute automated computational outputs derived from
algorithmic processing and statistical modelling and expressly do not constitute
professional valuation opinions, financial advice, investment recommendations, or
certified appraisals within the meaning of applicable professional standards
(ii) Business Valuations are automated estimates based on algorithms and industry
benchmarks and should not be relied upon for any financial, legal, tax, investment, or
business decisions;
(iii) We expressly disclaim any responsibility for decisions made in reliance upon Business
Valuations generated by the Service.
(b) Independent Professional Advice Required:
(i) Users must seek independent professional advice from qualified accountants, financial
advisors, certified business valuers, or other appropriate professionals before making
any decisions based on Business Valuations generated by the Service;
(ii) Users acknowledge that Business Valuations are not a substitute for professional
valuation services conducted by qualified practitioners;
(iii) We strongly recommend that Users engage certified business appraisers or valuers
for formal valuation requirements.
(c) Internal Use Only:
(i) Business Valuations are intended solely for the User's internal business planning and
assessment purposes;
(ii) Users must not use Business Valuations for external purposes including but not
limited to:
(A) submissions to financial institutions, investors, lenders, or other third parties;
(B) legal proceedings, litigation, or dispute resolution;
(C) tax compliance, reporting, or planning;
(D) formal business sale, acquisition, or merger processes;
(E) regulatory filings, compliance, or reporting;
(F) insurance claims or coverage determinations;
(G) partnership agreements or equity arrangements;
(H) any purpose requiring formal business valuation.
Users acknowledge that external use of Business Valuations may constitute
misleading or deceptive conduct under Australian Consumer Law and other applicable
legislation, for which Users assume full legal responsibility.
(d) No Warranty of Accuracy:
(i) We make no representations, warranties, or guarantees regarding the accuracy,
completeness, reliability, timeliness, or suitability of Business Valuations;
(ii) Actual business values may differ materially from Service estimates due to market
conditions, unique business characteristics, economic factors, and methodology
limitations;
(iii) Business Valuations are estimates only and should not be considered as definitive
measures of business worth.
(e) Methodology Limitations:
(iv) Business Valuations are based on industry benchmarks, standardised metrics,
automated algorithms, and publicly available data;
(v) These methods may not capture unique business characteristics, intangible assets,
market conditions, or other factors that could significantly affect actual business value;
(vi) Users acknowledge that valuation methodologies are subject to limitations and may
not be appropriate for all business types or circumstances.
6 AI Services Disclaimers
(a) AI-Generated Content:
(i) AI Services utilise machine learning algorithms and artificial intelligence that may
produce inaccurate, incomplete, inappropriate, or misleading results;
(ii) Users acknowledge that AI-generated recommendations, assessments, analyses, and
content are automated outputs that require human judgment, validation, and
independent verification;
(iii) We do not guarantee the accuracy, completeness, or appropriateness of AI-generated
content.
(b) No Guarantee of Results:
(i) We do not guarantee that AI Services will meet specific outcomes, improve business
performance, achieve particular results, or provide accurate assessments;
(ii) AI recommendations and suggestions are automated outputs only and must be
independently evaluated by qualified professionals;
(iii) Users assume full responsibility for any decisions made based on AI Services output.
(c) Technology Limitations:
(i) AI Services are subject to inherent technological limitations including data processing
errors, algorithm biases, system malfunctions, and software defects that may affect
output quality and reliability;
(ii) AI algorithms may reflect biases present in training data or programming that could
result in unfair, discriminatory, or inappropriate outputs;
(iii) We do not warrant that AI Services will be error-free, unbiased, or suitable for all
purposes.
(d) Human Oversight Required:
(i) AI Services are tools designed to assist human decision-making and are not intended
to replace human judgment or professional expertise;
(ii) Users must exercise appropriate human oversight and judgment when using AI
Services;
(iii) Users should not rely solely on AI-generated content without independent verification
and professional consultation where appropriate.
7 Free Trial
(a) Emanda App may, at its sole discretion, offer a Subscription with a free trial for a limited
period of time ("Free Trial"). Free Trials are limited to one per User and cannot be combined
with any other offers.
(b) You may be required to enter your billing information in order to sign up for the Free Trial.
(c) If you do enter your billing information when signing up for the Free Trial, you will not be
charged by Emanda App until the Free Trial has expired. On the last day of the Free Trial
period, unless you cancelled your Subscription, you will be automatically charged the
applicable Subscription fees for the type of Subscription you have selected.
(d) By providing payment information for a Free Trial, you expressly authorise us to begin
charging you automatically upon expiration of the Free Trial period. You acknowledge that it
is your responsibility to keep track of the Free Trial expiration date and to cancel before that
date if you do not wish to continue with a paid Subscription.
(e) At any time and without notice, Emanda App reserves the right to modify the terms and
conditions of the Free Trial offer, or cancel such Free Trial offer.
8 Fee Changes
(a) Emanda App Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees
for the Subscriptions. Any Subscription fee change will become effective at the end of the
then-current Billing Cycle.
(b) Emanda App will provide you with a reasonable prior notice of any change in Subscription
fees to give you an opportunity to terminate your Subscription before such change becomes
effective.
(c) Your continued use of the Service after the Subscription fee change comes into effect
constitutes your express consent to accept the new Subscription fee and agreement to pay
the modified Subscription fee amount.
9 Other Payment Related TermsContent
(a) Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material ("Content"). You are responsible for the
Content that you post to the Service, including its legality, reliability, and appropriateness.
(b) By posting Content to the Service, you grant us the right and licence, which shall be non-
exclusive, royalty-free, worldwide, and limited to the duration necessary to provide the
Service, to use, modify, perform, display, reproduce, and distribute such Content on and
through the Service. You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those rights.
(c) You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights
and licence as provided in these Terms, and
(ii) the posting of your Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person.
(d) Further, you warrant that:
(i) the Content will not cause you or us to breach any law, regulation, rule, code or other
legal obligation;
(ii) the Content will not or could not be reasonably considered to be obscene,
inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic,
threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in
breach of confidence or in breach of privacy;
(iii) the Content will not be unsolicited, undisclosed or unauthorised advertising;
(iv) the Content does not contain software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any computer
software, hardware or telecommunications equipment; and
(v) the Content does not bring us or the Service into disrepute.
(e) You agree to keep all records necessary to establish that your Content does not violate any
of the requirements of this clause and make such records available upon our reasonable
request.
(f) We are under no obligation to regularly monitor the accuracy or reliability of your Content
incorporated into the Service. We reserve the right to modify or remove any Content at any
time.
(g) Data Processing:
(i) We may process Client Data using AI Services to provide Service functionality
including generating Business Valuations, risk assessments, improvement
recommendations, and other automated analyses;
(ii) By using the Service, Users consent to such processing for the purposes of delivering
the Service functionality;
(iii) Processing of Client Data will be conducted in accordance with our Privacy Policy and
applicable data protection laws.
(h) Data Retention:
(i) Client Data will be retained in accordance with our Privacy Policy, these Terms, and
applicable data protection laws;
(ii) Users may request deletion of their Client Data subject to our legal obligations,
operational requirements, and legitimate business interests;
(iii) We reserve the right to retain certain data as required by law or for legitimate business
purposes including fraud prevention and service improvement.
(i) AI Training Exclusion:
(i) We do not use Client Data to train, improve, develop, or enhance AI algorithms,
machine learning models, or automated systems unless expressly consented to by the
User through separate agreement;
(ii) Client Data remains confidential and is not shared with third parties except as
necessary to provide the Service or as required by law;
(iii) This exclusion does not apply to anonymised, aggregated, or de-identified data that
cannot reasonably be used to identify specific Users or businesses.
10 Warranties and Disclaimers
(a) Service Provided "As Is":
(i) The Service is provided on an "as is" and "as available" basis without any warranties,
representations, conditions, or guarantees of any nature whatsoever, whether
express, implied, statutory, collateral, or arising from course of dealing or trade usage;
(ii) We do not warrant that the Service will meet Users' requirements, be uninterrupted,
timely, secure, or error-free;
(iii) We do not warrant that any defects in the Service will be corrected or that the Service
will be free from viruses or other harmful components.
(b) Disclaimer of Warranties:
(i) To the maximum extent permitted by applicable law, we expressly disclaim all
warranties, representations, and conditions including but not limited to:
(A) implied warranties of merchantability, fitness for a particular purpose, and non-
infringement;
(B) warranties regarding accuracy, reliability, completeness, or timeliness of the
Service or any content;
(C) warranties regarding uninterrupted or error-free operation;
(D) warranties regarding security, privacy, or confidentiality of data transmission or
storage;
(E) warranties regarding compatibility with user systems, software, or hardware.
(c) No Professional Services:
(i) The Service does not constitute Professional Services within the meaning of any
professional legislation or industry codes and does not provide professional advisory
services including but not limited to accounting, legal, financial, tax, investment,
valuation, or business consulting services;
(ii) Users acknowledge that the Service is a software tool only and does not replace
professional expertise or advice from qualified practitioners;
(iii) We are not licensed to provide professional services and do not hold ourselves out as
professionals in any field.
(iv) No professional relationship is created between Users and us;
(v) Users must not represent the Service or its outputs as professional opinions or
certified assessments.
(d) Technical Limitations:
(i) We do not warrant that the Service will be compatible with all devices, operating
systems, browsers, or software configurations;
(ii) We do not warrant that technical issues, system failures, or service interruptions will
not occur;
(iii) Users acknowledge that internet-based services are subject to inherent limitations and
potential disruptions.
(e) Third-Party Content:
(i) The Service may contain or provide access to third-party content, websites, or
services;
(ii) We do not control, endorse, or assume responsibility for any third-party content or
services;
(iii) Users access third-party content at their own risk and subject to the terms and
conditions of such third parties.
(f) Data Accuracy:
(i) We do not warrant the accuracy, completeness, or reliability of any data, information,
or content provided through the Service;
(ii) Users are responsible for verifying the accuracy of any information before relying upon
it;
(iii) We disclaim all liability for errors, omissions, or inaccuracies in data or content.
11 Refunds
(a) No Refund Policy:
(i) Except as expressly provided in these Terms or as required by applicable consumer
protection laws that cannot be lawfully excluded, all fees and charges are non-
refundable;
(ii) Subscription fees paid in advance are not refundable upon cancellation, termination,
or cessation of Service use;
(iii) Users acknowledge that fees are earned upon payment and are not subject to refund
for unused portions of subscription periods.
(b) Australian Consumer Law Rights:
(i) Nothing in these Terms excludes, restricts, or modifies any consumer rights available
under the Australian Consumer Law or other applicable consumer protection
legislation that cannot be lawfully excluded;
(ii) If the Australian Consumer Law applies and we fail to comply with a consumer
guarantee, Users may be entitled to a remedy including repair, replacement, or refund
as provided by law;
(iii) Our liability under any applicable consumer guarantee is limited to the extent
permitted by law.
(c) Consumer Rights Preservation:
(i) Nothing in these Terms excludes, restricts, or modifies any consumer guarantee,
warranty, or right available under the Australian Consumer Law, the Competition and
Consumer Act 2010 (Cth), or other applicable consumer protection legislation that
cannot be lawfully excluded;
(ii) Where we supply goods or services to a Consumer, and liability cannot be excluded,
our liability is limited to the extent permitted by law to:
(A) for goods: replacement, repair, or payment of replacement cost;
(B) for services: re-supply or payment of re-supply cost;
(iii) For clarity, these limitations apply only where permitted by law and do not affect rights
that cannot be lawfully excluded.
12 Limitation of Liability
(a) Exclusion of Consequential Loss:
(i) To the maximum extent permitted by applicable law, we exclude all liability for any
indirect, special, incidental, punitive, exemplary, or consequential loss or damage of
any kind;
(ii) This exclusion includes but is not limited to loss of profits, business opportunities,
revenue, data, goodwill, reputation, or anticipated savings;
(iii) This exclusion applies regardless of the theory of liability, whether in contract, tort,
negligence, strict liability, or otherwise.
(b) Liability Cap:
(i) Our total aggregate liability to any User for all claims arising from or relating to these
Terms, the Service, or any related matter shall not exceed the total fees actually paid
by that User to us in the 12 months immediately preceding the event giving rise to
liability;
(ii) If no fees have been paid, our total liability shall not exceed AUD $100;
(iii) This limitation applies regardless of the number of claims or the theory of liability.
(c) Business Valuation Exclusions:
(i) We exclude all liability arising from or relating to:
(A) reliance on Business Valuations for any purpose, including external purposes;
(B) decisions made based on AI-generated recommendations, assessments, or
analyses;
(C) inaccuracies, errors, or omissions in automated assessments, calculations, or
content;
(D) failure by Users to seek independent professional advice;
(E) use of Business Valuations in circumstances for which they are not intended.
(d) AI Services Exclusions:
(i) We exclude all liability arising from or relating to:
(A) AI-generated content, recommendations, or analyses;
(B) algorithm errors, biases, or limitations;
(C) reliance on automated outputs without human verification;
(D) system malfunctions affecting AI Services functionality.
(e) Data and Security:
(i) We exclude all liability for:
(A) loss, corruption, or unauthorised access to User data or content;
(B) security breaches or privacy violations beyond our reasonable control;
(C) failure of data backup or recovery systems;
(D) compatibility issues with User systems or software.
(f) Third-Party Actions:
(i) We exclude all liability for actions, omissions, or content of third parties;
(ii) We exclude all liability for third-party websites, services, or content accessed through
the Service;
(iii) Users acknowledge that interactions with third parties are at their own risk.
(g) Force Majeure:
(i) We exclude all liability for delays, failures, or non-performance caused by
circumstances beyond our reasonable control;
(ii) Such circumstances include but are not limited to acts of God, natural disasters, war,
terrorism, labour disputes, government actions, internet failures, or supplier failures.
(h) Consumer Law Preservation:
(i) Nothing in this section excludes, restricts, or modifies any consumer rights available
under the Australian Consumer Law that cannot be lawfully excluded;
(ii) Where the Australian Consumer Law applies and liability cannot be excluded, our
liability is limited to the extent permitted by law;
(iii) For services, such limitation may include re-supplying the services or paying the cost
of re-supply.
(i) Mitigation:
(i) Users must take reasonable steps to mitigate any loss or damage for which they seek
to hold us liable;
(ii) We shall not be liable for any loss or damage that could have been avoided by
reasonable action on the part of the User.
13 Intellectual Property
(a) Our Intellectual Property Rights:
(i) The Service, including all software, applications, AI Services, algorithms, source code,
object code, documentation, content, designs, graphics, user interfaces, and all
Intellectual Property Rights therein, remain our exclusive property or that of our
licensors;
(ii) No title to or ownership of any proprietary rights related to the Service is transferred to
Users under these Terms;
(iii) All rights not expressly granted to Users are reserved by us and our licensors.
(b) Limited Licence to Users:
(i) Subject to these Terms, we grant Users a limited, non-exclusive, non-transferable,
revocable licence to access and use the Service solely for their internal business
purposes;
(ii) This licence does not permit Users to:
(A) copy, modify, distribute, sell, or lease any part of the Service;
(B) reverse engineer, decompile, or disassemble the Service;
(C) create derivative works based on the Service;
(D) remove, alter, or obscure any proprietary notices;
(E) use the Service for any commercial purpose beyond internal business use;
(iii) This licence automatically terminates upon termination of these Terms or User's
access to the Service.
(c) AI-Generated Content:
(i) Any content, recommendations, analyses, reports, or other materials generated by AI
Services remain our property, subject to Users' rights to use such content for their
internal business purposes as contemplated by these Terms;
(ii) Users may not redistribute, resell, or commercialise AI-generated content;
(iii) Users acknowledge that AI-generated content may be similar to content generated for
other users due to the nature of automated systems.
(d) User Content Ownership:
(i) Users retain ownership of User Content uploaded to or created through the Service;
(ii) By uploading User Content, Users grant us a non-exclusive, royalty-free, worldwide
licence to use, copy, store, transmit, and display such content solely for the purpose of
providing the Service;
(iii) This licence includes the right to backup, restore, and process User Content through
our systems and AI Services;
(iv) Users represent and warrant that they own or have sufficient rights to grant this
licence.
(e) Feedback and Suggestions:
(i) Any feedback, suggestions, ideas, or recommendations provided by Users regarding
the Service shall become our property;
(ii) Users waive any rights to compensation for such feedback;
(iii) We may use feedback for any purpose including improving the Service or developing
new features.
(f) Trademark Rights:
(i) Our trade marks, service marks, logos, and trade names are our property and may not
be used without our express written consent;
(ii) Users may not use our marks in any way that suggests endorsement, sponsorship, or
affiliation without authorisation;
(iii) Users must not register or attempt to register any trade marks that are confusingly
similar to our marks.
14 Links to Other Websites
(a) Our Service may contain links to third-party web sites or services that are not owned or
controlled by Emanda App Pty Ltd.
(b) Emanda App has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that Emanda App shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such web sites or services.
(c) We only provide links to external websites as a convenience, and the inclusion of such a link
to external websites does not imply our endorsement of those websites. You acknowledge
and agree that when you access other websites on the Internet, you do so at your own risk.
(d) We strongly advise you to read the terms and conditions and privacy policies of any third-
party web sites or services that you visit.
15 Termination
(a) Termination by Us:
(i) We may terminate or suspend User access to the Service immediately, with or without
notice, for any reason including but not limited to:
(A) material breach of these Terms that is not cured within 7 days of written notice;
(B) violation of acceptable use policies or prohibited activities;
(C) non-payment of fees after 30 days written notice;
(D) unlawful activity or conduct that threatens Service security, integrity, or
reputation;
(E) prolonged inactivity exceeding 12 consecutive months;
(F) violation of intellectual property rights;
(G) conduct that harms or may harm other Users or third parties;
(ii) We may terminate these Terms or discontinue the Service at any time with 30 days
written notice to Users;
(iii) In cases of serious violations, illegal activity, or security threats, we may terminate
immediately without notice.
(b) Termination by Users:
(i) Users may terminate their account and these Terms at any time by providing written
notice or using account closure functionality within the Service;
(ii) Termination by Users does not entitle them to any refund of prepaid fees except as
required by applicable consumer protection laws;
(iii) Users remain liable for all fees and charges incurred prior to termination.
(c) Effect of Termination:
(i) Upon termination of these Terms or User access:
(A) all licences granted to Users immediately terminate;
(B) Users must immediately cease all use of the Service;
(C) we may delete User Accounts and User Content;
(D) all payment obligations become immediately due and payable;
(ii) Termination does not affect any rights or obligations that have accrued prior to
termination;
(iii) Clauses that by their nature should survive termination shall continue in force
including intellectual property rights, confidentiality obligations, limitation of liability,
and dispute resolution.
(d) Data Retrieval:
(i) Upon termination, Users have 30 days to retrieve and download their Client Data
through available Service functionality;
(ii) After 30 days, we may delete Client Data unless legally required to retain it for longer
periods;
(iii) We are not obligated to provide data in any particular format or to maintain data
beyond the 30-day period;
(iv) Users are responsible for maintaining their own backups of important data.
(e) Post-Termination Restrictions:
(i) After termination, Users may not:
(A) attempt to access the Service through other accounts or means;
(B) create new accounts without our express written consent;
(C) circumvent termination through technical or other means;
(ii) Users acknowledge that we may take technical measures to prevent access by
terminated Users.
(f) Survival:
(i) The following provisions survive termination: definitions, intellectual property rights,
disclaimers, limitation of liability, indemnification, governing law, and dispute
resolution;
(ii) All payment obligations incurred prior to termination remain due and payable;
(iii) Termination does not relieve Users of any liability for breaches occurring prior to
termination.
16 Indemnification
(a) User Indemnification:
(i) Users agree to indemnify, defend, and hold harmless us, our affiliates, officers,
directors, employees, agents, and licensors from and against any and all claims,
demands, losses, liabilities, damages, costs, and expenses (including reasonable
legal fees) arising from or relating to:
(A) User's use of the Service in violation of these Terms;
(B) User Content uploaded or transmitted through the Service;
(C) User's violation of any applicable laws or regulations;
(D) User's infringement of any intellectual property or other rights of third parties;
(E) User's breach of representations or warranties made in these Terms;
(F) any negligent acts or omissions by User in connection with the Service;
(ii) This indemnification obligation includes claims arising from the acts or omissions of
User's employees, agents, contractors, or other persons acting on User's behalf;
(iii) Users acknowledge that this indemnification obligation survives termination of these
Terms.
(b) Indemnification Procedures:
(i) We will promptly notify Users of any claim subject to indemnification, provided that
failure to provide prompt notice does not relieve Users of their indemnification
obligations except to the extent materially prejudiced;
(ii) Users will have the right to control the defence and settlement of any claim subject to
indemnification, provided that:
(A) Users may not settle any claim that admits liability on our behalf or imposes
obligations on us without our prior written consent;
(B) we may participate in the defence with counsel of our choice at our expense;
(C) Users must conduct the defence diligently and in good faith;
(iii) We reserve the right to assume control of the defence if Users fail to defend diligently
or if we reasonably believe our interests are not being adequately protected.
(c) Our Indemnification:
(i) We agree to indemnify, defend, and hold harmless Users from claims that the Service,
when used in accordance with these Terms, infringes any patent, copyright, or trade
mark of a third party;
(ii) This indemnification is subject to:
(A) User providing prompt written notice of any such claim;
(B) User granting us sole control of the defence and settlement;
(C) User providing reasonable cooperation in the defence;
(iii) This indemnification does not apply to claims arising from:
(A) modifications to the Service made by User or third parties;
(B) use of the Service in combination with other products or services not provided
by us;
(C) use of the Service in violation of these Terms;
(D) continued use after we have notified User of potentially infringing activity.
(d) Exclusive Remedy:
(i) The indemnification obligations set forth in this section constitute the exclusive remedy
for intellectual property infringement claims;
(ii) If the Service becomes subject to an infringement claim, we may, at our option:
(A) obtain the right for User to continue using the Service;
(B) modify the Service to make it non-infringing;
(C) replace the Service with functionally equivalent non-infringing service;
(D) terminate these Terms and refund prepaid fees for unused Service periods
17 Disclaimer
(a) Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS
AVAILABLE" basis. The Service is provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
(b) Emanda App does not offer any Service Level Agreement and is best efforts. We provided
in-app chat and email support typically within a 24 hours period Mon-Fri (9 am - 5 pm) AEST
excluding Australian public holidays, and resolution within 72 hours.
(c) Emanda App its subsidiaries, affiliates, and its licensors do not warrant that i) the Service will
function uninterrupted, secure or available at any particular time or location; ii) any errors or
defects will be corrected; iii) the Service is free of viruses or other harmful components; or iv)
the results of using the Service will meet your requirements.
(d) This disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft, or destruction or
unauthorised access or, alteration of or use of record in connection with the use or operation
of the Service, whether for breach of contract, tortious behaviour, negligence or any other
cause of action.
(e) We make no representations or warranties of any kind, express or implied, about the
completeness, accuracy, reliability, suitability or availability with respect to the content
contained on the Service for any purpose. Any reliance you place on such information is
therefore strictly at your own risk. We disclaim any express or implied warranty
representation or guarantee as to the effectiveness or profitability of the Service or that the
operation of our Service will be uninterrupted or error-free. We are not liable for the
consequences of any interruptions or errors in the Service.
18 Exclusions
(a) Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or
limitation of liability for consequential or incidental damages, so the limitations above may
not apply to you.
19 Governing Law
(a) Governing Law and Jurisdiction:
(i) These Terms and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with the laws of New South Wales,
Australia;
(ii) The courts of New South Wales, Australia shall have exclusive jurisdiction to settle
any dispute or claim arising out of or in connection with these Terms or their subject
matter or formation;
(iii) Users irrevocably submit to the exclusive jurisdiction of the courts of New South
Wales, Australia.
(b) Consumer Law Application:
(i) Where the Australian Consumer Law applies to the relationship between us and a
User, nothing in these Terms excludes, restricts, or modifies any consumer rights that
cannot be lawfully excluded;
(ii) If any provision of these Terms is inconsistent with the Australian Consumer Law, the
Australian Consumer Law will prevail to the extent of the inconsistency;
(iii) Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law.
(c) Dispute Resolution:
(i) Before commencing any legal proceedings, parties must attempt to resolve disputes
through good faith negotiations for a period of 30 days;
(ii) If negotiations fail to resolve the dispute, parties may pursue available legal remedies;
(iii) Nothing in this clause prevents either party from seeking urgent injunctive or other
equitable relief.
20 Privacy and Data Protection
(a) Privacy Policy:
(i) Our collection, use, and disclosure of personal information is governed by our Privacy
Policy, which is incorporated into these Terms by reference;
(ii) By using the Service, Users consent to the collection, use, and disclosure of their
personal information in accordance with our Privacy Policy;
(iii) Our Privacy Policy is available at https://my.emanda.app/privacy.html and may be
updated from time to time.
(b) Data Protection Compliance:
(i) We will process personal information in accordance with applicable data protection
laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
(ii) Users acknowledge that the Service may involve the transfer of data outside Australia
and consent to such transfers subject to appropriate safeguards;
(iii) Users have rights regarding their personal information as set out in our Privacy Policy
and applicable laws.
(c) Data Security:
(i) We implement reasonable technical and organisational measures to protect personal
information against unauthorised access, use, disclosure, alteration, or destruction;
(ii) However, no system is completely secure and we cannot guarantee absolute security
of data;
(iii) Users are responsible for maintaining the security of their account credentials and
should notify us immediately of any suspected security breach.
(d) Data Retention:
(i) We will retain personal information for as long as necessary to provide the Service
and fulfil our legal obligations;
(ii) Users may request deletion of their personal information subject to our legal and
operational requirements;
(iii) Some information may be retained in anonymised or aggregated form for analytical
purposes.
21 Modifications and Updates
(a) Service Modifications:
(i) We reserve the right to modify, update, enhance, or discontinue any aspect of the
Service at any time with or without notice;
(ii) We may add new features, change existing features, or remove features from the
Service;
(iii) Users acknowledge that the Service may evolve over time and that modifications are
at our sole discretion.
(b) Terms Updates:
(i) We may modify these Terms at any time by posting updated Terms on our website;
(ii) Material changes will be notified to Users via email or prominent notice within the
Service at least 30 days before the changes take effect;
(iii) Continued use of the Service after changes take effect constitutes acceptance of the
modified Terms.
(c) User Acceptance:
(i) If Users do not agree to modified Terms, they must stop using the Service before the
changes take effect;
(ii) Users who continue using the Service after changes take effect are deemed to have
accepted the modified Terms;
(iii) We recommend that Users review these Terms periodically for updates.
(d) Version Control:
(i) The current version of these Terms is identified by the "Last updated" date at the top
of this document;
(ii) Previous versions of these Terms do not apply except where specifically required by
law;
(iii) Users should ensure they are familiar with the most current version of these Terms.
22 General Provisions
(a) Entire Agreement:
(i) These Terms, together with our Privacy Policy and any additional terms referenced
herein, constitute the entire agreement between Users and us regarding the Service;
(ii) These Terms supersede all prior or contemporaneous communications, proposals,
and agreements relating to the subject matter;
(iii) No other terms, conditions, or agreements shall be binding unless agreed to in writing
and signed by both parties.
(b) Severability:
(i) If any provision of these Terms is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect;
(ii) Invalid provisions shall be deemed modified to the minimum extent necessary to make
them valid and enforceable;
(iii) If modification is not possible, the invalid provision shall be severed without affecting
the validity of the remaining Terms.
(c) Waiver:
(i) Our failure to enforce any right or provision of these Terms does not constitute a
waiver of such right or provision;
(ii) Any waiver must be in writing and signed by our authorised representative;
(iii) Waiver of any breach does not constitute waiver of any subsequent breach.
(d) Assignment:
(i) Users may not assign, transfer, or delegate their rights or obligations under these
Terms without our prior written consent;
(ii) We may assign these Terms or any rights or obligations hereunder to any third party
without User consent;
(iii) Any attempted assignment by Users without consent is null and void.
(e) Independent Contractors:
(i) The relationship between Users and us is that of independent contractors;
(ii) These Terms do not create any partnership, joint venture, employment, or agency
relationship;
(iii) Neither party has authority to bind the other party or create obligations on behalf of the
other party.
(f) Force Majeure:
(i) Neither party shall be liable for any failure or delay in performance under these Terms
due to circumstances beyond their reasonable control;
(ii) Such circumstances include but are not limited to acts of God, natural disasters, war,
terrorism, government actions, labour disputes, or internet failures;
(iii) The affected party must promptly notify the other party and use reasonable efforts to
remedy the situation.
(g) Export Controls:
(i) Users acknowledge that the Service may be subject to export control laws and
regulations;
(ii) Users agree to comply with all applicable export control laws and not to export, re-
export, or transfer the Service to prohibited countries or persons;
(iii) Users represent that they are not located in, under the control of, or a national or
resident of any prohibited country.
(h) Compliance with Laws:
(i) Users must use the Service in compliance with all applicable laws, regulations, and
industry standards;
(ii) Users are solely responsible for determining which laws apply to their use of the
Service;
(iii) We reserve the right to suspend or terminate access if we believe Users are violating
applicable laws.
(i) Headings:
(i) Section and subsection headings are for convenience only and do not affect the
interpretation of these Terms;
(ii) References to sections include all subsections unless otherwise specified;
(iii) The table of contents, if any, is for reference only and does not form part of these
Terms.
(j) Currency:
(i) All fees and charges are stated in Australian Dollars (AUD) unless otherwise specified;
(ii) Users are responsible for any currency conversion costs or foreign exchange fees;
(iii) Exchange rates used for currency conversion are determined by our payment
processors
23 Changes
(a) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
revision is material we will try to provide at least 30 days notice prior to any new terms taking
effect.
(b) It is your sole responsibility to periodically check these Terms for any changes. If you do not
agree with any of the changes to these Terms, it is your sole responsibility to stop using the
Service. Your continued use of the Service will be deemed as your acceptance thereof.
24 Contact Us
(a) Contact Information:
(i) All questions, requests for changes to this agreement, legal notices, or other
communications should be directed to: legal@emanda.app;
(ii) Customer support inquiries should be directed to: support@emanda.app;
(iii) We may also be contacted through the contact information published on our website
at https://my.emanda.app.
(b) Notice Requirements:
(i) All legal notices must be in writing and delivered by email to the addresses specified
above or by registered post to our registered office;
(ii) Notices sent by email are deemed received on the business day following
transmission;
(iii) Notices sent by post are deemed received 3 business days after posting within
Australia or 7 business days after posting from outside Australia.
(c) Language:
(i) These Terms are prepared in English and any translation is provided for convenience
only;
(ii) In case of any inconsistency between the English version and any translation, the
English version shall prevail;
(iii) All communications regarding these Terms should be in English.
