Terms of Service
Last updated: May 2026
These Terms of Service govern your access to and use of the AIKURA platform, website, and related services provided by AIKURA Pty Ltd (ABN 38 399 557 552). By accessing or using the platform, you agree to these terms. If you are accepting these terms on behalf of an organisation, you warrant that you have the authority to bind that organisation. AIKURA is a business-to-business platform; it is not intended for consumers or for personal, domestic, or household use.
If you have a separate signed Master Services Agreement or Order Form with AIKURA, the order of precedence is: signed agreement, then Order Form, then these Terms, then the Privacy Policy.
Definitions
"AIKURA", "we", "us", or "our" means AIKURA Pty Ltd. "Customer" means the business entity accepting these terms. "User" or "Authorised User" means an individual accessing the platform under the Customer's account. "Platform" means the AIKURA software, website, and services. "Customer Data" means data uploaded to the Platform by or on behalf of the Customer. "Output" means content generated by the Platform in response to Customer queries or instructions. "Confidential Information" has the meaning given in section 9.
Eligibility and account
You must be a business entity or representative of a business, 18 years or older, and provide accurate registration information. You are responsible for the security of your credentials and for all activity under the account. You must notify us immediately of any suspected unauthorised access.
Access and licence
Subject to payment and compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the Subscription Term, for the internal business use of the named Customer organisation and its Authorised Users only.
You must not: reverse engineer, decompile, scrape, copy, modify, or create derivative works of the Platform; use the Platform to build a competing product or service; conduct benchmarking or performance testing without our prior written consent; or bypass rate limits, security controls, or access restrictions.
Customer Data
The Customer retains all right, title, and interest in Customer Data. The Customer grants AIKURA a limited licence to host, store, process, and transmit Customer Data solely to provide the services. The Customer represents and warrants that it has all rights necessary to upload and process the Customer Data and that the Customer Data does not infringe the rights of any third party. The Customer is solely responsible for the accuracy, quality, legality, and intellectual property status of Customer Data, and must not upload data containing malware, illegal content, or material it has no right to use.
AI outputs and reliance — important
The Platform uses artificial intelligence to generate Outputs based on Customer Data and queries. Outputs are generated probabilistically and may contain errors, inaccuracies, omissions, hallucinations, or misinterpretations.
Outputs are not advice. Outputs do not constitute legal, contractual, commercial, financial, engineering, or other professional advice.
Outputs must be reviewed and approved by qualified human personnel before being acted upon. This applies to scope generation, tender evaluation outputs, RFI response drafts, contract drafts, recommendations, and any other Output produced by the Platform.
The Customer assumes full responsibility for decisions, contracts, communications, and actions taken on the basis of Outputs. AIKURA does not warrant the accuracy, completeness, fitness for purpose, or reliability of any Output. AIKURA's role is to assist procurement professionals, not to replace them. The Customer acknowledges that procurement decisions in construction carry significant commercial, contractual, and legal consequences, and that AI-generated content must not be used as the sole basis for such decisions. AIKURA disclaims all liability for Outputs not reviewed and approved by qualified Customer personnel before being acted upon.
Acceptable use
You must not use the Platform to: upload content that infringes third-party intellectual property; upload personal information in breach of privacy law; attempt to extract training data, reverse-engineer models, or interfere with AI providers; generate misleading or deceptive content; conduct unlawful activity; share access credentials or permit unauthorised access; degrade Platform performance through excessive use; or probe or test Platform security without our prior written consent.
Fees, payment, and renewal
Fees are set out in the applicable Order Form and are payable in advance unless otherwise agreed. Invoices are payable within 14 days. We may suspend access for non-payment and charge interest on overdue amounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic). Subscriptions auto-renew on the same terms unless cancelled with the required notice. Fees may be increased on renewal with reasonable notice. No refunds are provided for unused portions of paid Subscription Terms except where required by law.
Intellectual property
AIKURA retains all right, title, and interest in the Platform, including the software, models, prompts, methodology, architecture, documentation, branding, and all improvements. No intellectual property is transferred to the Customer by virtue of these terms. The Customer agrees that AIKURA may use feedback and suggestions freely without obligation or compensation.
Confidentiality
Each party must keep the other's Confidential Information confidential and use it only for the purposes of these terms. Confidential Information may be disclosed to professional advisors subject to confidentiality obligations, or as required by law. The Platform, including its methodology, technical architecture, prompts, model selection, and AI orchestration logic, constitutes AIKURA's Confidential Information. This section survives termination.
Service availability
We use reasonable efforts to maintain Platform availability. No specific uptime service level is provided under these standard terms; specific service levels are available under separate enterprise agreements. We may modify, suspend, or discontinue features at any time, and will communicate material adverse changes in advance where reasonably practicable. Scheduled maintenance windows may apply.
Suspension and termination
We may suspend access immediately for breach of these terms, non-payment, security risk, suspected unlawful use, or regulator instruction. Either party may terminate for material breach not remedied within 30 days of written notice. We may terminate for convenience with 60 days notice. On termination, Customer access ceases, Customer Data is available for export for 30 days, and is then deleted subject to legal hold requirements.
Limitation of liability
To the maximum extent permitted by law:
AIKURA's total aggregate liability for all claims arising under or in connection with these terms is limited to the lesser of (a) the fees paid by the Customer in the 12 months preceding the claim, or (b) AUD $50,000.
AIKURA is not liable for any indirect, consequential, special, punitive, or exemplary damages; loss of profits, revenue, goodwill, or business opportunity; loss or corruption of data; loss caused by the Customer's failure to review Outputs before acting on them; loss arising from third-party AI providers or other third-party services; or loss arising from the Customer's own decisions, contracts, communications, or commercial dealings.
Where statutory consumer guarantees apply and cannot be excluded under Australian Consumer Law, AIKURA's liability for breach of those guarantees is limited, at AIKURA's election, to re-supply of the services or refund of fees paid for those services.
This section survives termination.
Indemnity
The Customer indemnifies AIKURA against claims arising from Customer Data, the Customer's use of the Platform in breach of these terms, the Customer's decisions or actions based on Outputs, and the Customer's breach of third-party intellectual property or privacy rights.
Warranties and disclaimers
The Platform is provided "as is" and "as available". To the maximum extent permitted by law, AIKURA disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or meet specific Customer requirements. Non-excludable statutory guarantees under Australian Consumer Law apply, but liability for breach is limited as set out in the Limitation of Liability section.
Compliance with laws
Each party must comply with all applicable laws, including privacy, anti-bribery, modern slavery, sanctions, and export control laws. The Customer must obtain any consents required from individuals whose personal information is included in Customer Data.
Force majeure
Neither party is liable for failure to perform due to events beyond reasonable control, including natural disasters, war, pandemic, government action, or failures of third-party providers.
Assignment
The Customer may not assign these terms without our prior written consent. AIKURA may assign these terms to an acquirer or successor without consent.
Governing law and jurisdiction
These terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria. The parties agree to attempt good-faith negotiation before commencing proceedings.
Changes to these terms
We may update these terms from time to time. Material changes will be notified by email or via the Platform, with at least 30 days notice for changes that adversely affect the Customer. Continued use of the Platform after notification constitutes acceptance.
General
These terms (together with any signed agreement and the Privacy Policy) constitute the entire agreement between the parties. No waiver of any term is effective unless in writing. If any provision is unenforceable, the remainder remains in effect. There are no third-party beneficiaries. Notices to AIKURA should be sent to legal@aikura.net; notices to the Customer will be sent to the email address on the account.
Contact us
Legal queries: legal@aikura.net