Terms of Service

1. Introduction

Welcome to evalu8 ("the Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the evalu8 platform.

By accessing or using evalu8, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Beta Software & Limited Availability

2.1 Beta Status: evalu8 is currently in closed beta testing. The Platform is provided for testing and evaluation purposes only.

2.2 Access: Access to the Platform is by invitation only. We reserve the right to revoke access at any time without notice or liability.

2.3 No Warranties: THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not warrant that the Platform will be error-free, secure, or uninterrupted.

2.4 Changes: We may modify, suspend, or discontinue any aspect of the Platform at any time without notice.

2.5 Not for Production Use: The Platform is for testing purposes only. Do not rely on it for critical business decisions or production workflows.

3. User Accounts

3.1 Account Creation: You must provide accurate, current, and complete information when creating an account.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Eligibility: You must be at least 18 years old and capable of forming a binding contract under Australian law.

3.4 Business Use: By providing an ABN, you represent that you are authorized to bind that business entity to these Terms.

4. User Content & Intellectual Property

4.1 Your Content: You retain all ownership rights to content you upload to the Platform ("User Content"), including tender documents, schedules of costs, quotes, and company information.

4.2 License to Us: By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely to provide the Platform services.

4.3 AI Processing: User Content may be processed by AI services (including OpenAI) to extract information, generate summaries, and provide platform functionality. We do not use your content to train AI models.

4.4 Our IP: The Platform, including all software, designs, text, graphics, and trademarks, is owned by evalu8 and protected by Australian intellectual property laws.

4.5 Prohibited Content: You must not upload content that is illegal, fraudulent, defamatory, infringing, malicious, or violates any third-party rights.

5. Acceptable Use

You agree not to:

• Use the Platform for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with or disrupt the Platform's operation
• Upload malicious code, viruses, or harmful content
• Scrape, data mine, or use automated tools without permission
• Impersonate another user or entity
• Share your account credentials with others
• Use the Platform to spam, harass, or abuse others
• Reverse engineer or attempt to extract source code

6. Limitation of Liability

6.1 Beta Risks: You acknowledge that using beta software carries inherent risks including data loss, errors, and service interruptions.

6.2 No Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

6.3 Maximum Liability: Our total liability to you for any claim arising from your use of the Platform shall not exceed AUD $100.

6.4 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any statutory consumer guarantees, rights, or remedies that cannot be excluded under the Australian Consumer Law (ACL) or other applicable laws.

7. Indemnification

You agree to indemnify, defend, and hold harmless evalu8 and the Platform from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your User Content or any third-party claims related to it
• Your violation of any law or third-party rights

8. Data Backup & Loss

8.1 Your Responsibility: You are solely responsible for maintaining backups of your User Content. During the beta period, data loss may occur.

8.2 No Backup Guarantee: We do not guarantee that your data will be backed up or recoverable. We are not responsible for any data loss.

9. Third-Party Services

The Platform uses third-party services including Firebase (Google), OpenAI, and others. Your use of the Platform is also subject to these providers' terms of service. We are not responsible for any third-party service failures or issues.

10. Termination

10.1 By Us: We may suspend or terminate your access at any time, with or without cause, with or without notice.

10.2 By You: You may stop using the Platform at any time. Contact noah@nunu.pro to request account deletion.

10.3 Effect: Upon termination, your right to use the Platform ceases immediately. We may delete your User Content, but are not obligated to do so.

11. Privacy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Australian Privacy Act 1988.

12. Governing Law & Disputes

12.1 Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of NSW.

12.2 Dispute Resolution: Before commencing legal action, you agree to attempt to resolve disputes informally by contacting noah@nunu.pro.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or platform notification. Continued use after changes constitutes acceptance of the modified Terms.

14. General

14.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Platform.

14.2 Severability: If any provision is found invalid, the remaining provisions remain in effect.

14.3 No Waiver: Failure to enforce any right does not waive that right.

14.4 Assignment: You may not assign these Terms. We may assign them without restriction.

15. Contact

For questions, issues, or concerns regarding these Terms or the Platform, contact: