Beta Terms of Service

Welcome to HighSign! We, CREDITVUE HOLDINGS PTY LTD, ABN 98 666 028 824 (we, us, our), provide a cloud-based platform (Platform) where you have access to governance tooling that helps organisations manage which AI tools staff may use with which kinds of data. It computes Green / Amber / Red guidance from the policy rules you configure, records decisions and attestations, and generates supporting documents. The Platform is currently in its beta phase and we are providing you access in order for you to collaborate with us to improve the Platform, provide feedback to us to help us improve the Platform, or to try the Platform to see if it’s a good fit for you.

Disclaimer

Any policy documents, reports, dashboards or other outputs generated by the Platform are provided for general informational and governance purposes only, do not constitute legal advice, and no output creates a professional adviser relationship, and should not be relied on as a substitute for obtaining your own independent legal or professional advice.

The Platform uses artificial intelligence to generate outputs, and you acknowledge that AI-generated outputs may be inaccurate, incomplete or otherwise contain errors. You remain solely responsible for all decisions made within your organisation, including any decisions regarding the use, approval or restriction of any software or AI tools, and you should not rely solely on the Platform's outputs when making such decisions.

1. Engagement and Term

1.1 These Terms start on the date you sign up for an account on the Platform and will continue for a period agreed with you by email or in our quote unless terminated earlier in accordance with these Terms.

2. Platform

2.1 We will provide you with access to the Platform in accordance with these Terms.

2.2 During the Term, and subject to your compliance with these Terms, we grant you and your authorised users a non-exclusive, non-transferrable, non-sublicensable and revocable licence to access and use the Platform as contemplated by these Terms.

2.3 You acknowledge and agree that your access to the Platform is provided as a pilot, and as such you agree:

1. that from time to time, we may update the Platform to fix issues or change features, but if possible, we endeavour to inform you when this happens;
2. that the Platform is provided “as is” and we do not warrant that the Platform will always run uninterrupted, be error-free (such as during scheduled or emergency maintenance);
3. that the Platform is provided for testing purposes only and should not be used as the sole basis for making any operational or business decisions as we cannot guarantee specific tangible success or outcomes;
4. that we have no legal obligation to maintain, support, update, or fix any errors in the Platform;
5. to cooperate with us as reasonably needed, to help us provide, test and improve the Platform;
6. to not disclose, or provide access to, the Platform to third parties without our prior written consent; and
7. to meet with us as agreed between the parties, to provide feedback to help us improve the Platform.

2.4 You acknowledge and agree that:

1. you are responsible for keeping your account details, and your username and password (or other shared access credentials, including any company-wide login or QR code we provide to you), confidential;
2. your staff use the Platform through shareable links without accounts. You are responsible for your staff's use of the Platform as if it were your own, you must ensure staff use complies with these Terms, and staff acquire no rights against us under these Terms. You control who holds your shareable links and may rotate them at any time; and
3. you will be responsible for all activity on your account, including any activity by your administration users and any other person who accesses the Platform using shared access credentials provided to your staff or personnel.

2.5 The Platform depends on third-party providers (hosting, payment, email, identity, AI). Their availability affects ours. Where you interact with a third party directly, their terms govern that interaction.

2.6 If you require assistance with an issue on the Platform, please get in touch with us through your usual contact.

3. AI Features

3.1 Some features of the Platform use third-party artificial intelligence models (currently provided by Anthropic) to generate draft content, such as researching a tool's public governance posture or drafting a workflow map (AI Features).

3.2 AI Features:

1. are optional and disabled by default until you choose to enable them;
2. produce draft outputs only, which a human user must review and confirm before they take effect;
3. are never used to determine a Green, Amber or Red verdict; and
4. are provided with only the inputs reasonably necessary to perform the relevant feature, and will never be provided with Your Data other than those inputs.

3.3 AI-generated outputs may contain errors, omissions or inaccuracies. You must review and verify any AI-generated output before relying on it or acting on it.

3.4 Your use of AI Features is also subject to the relevant AI provider's acceptable use requirements, which we will make available to you on request.

4. Privacy

4.1 You warrant that any data or information that you upload to the Platform will not infringe a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.2 You acknowledge and agree that Your Data (including any personal information) may be collected, stored, transmitted or otherwise processed on servers located outside Australia, and you consent to this overseas storage and transfer. Further detail on our data handling practices is set out in our Privacy Policy.

5. Intellectual Property and Data

5.1 We own all intellectual property rights in the Platform. This includes how the Platform looks and functions, as well as our copyrighted works, trademarks, inventions, outputs, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission.

5.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

5.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Platform. You grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

1. supply the Platform to you, and otherwise perform our obligations under these Terms;
2. diagnose problems with, improve, develop and protect the Platform; or
3. perform analytics for the purpose of remedying bugs or issues with the Platform. perform our obligations under these Terms (as reasonably required).

5.4 You are responsible for (meaning we are not liable for) backing up Your Data and the integrity of Your Data on your systems, networks or any device controlled by you or your authorised users.

5.5 We may create anonymised statistical data from Your Data and usage of the Platform. Once anonymised, we own that data and may use it for our own purposes to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

5.6 You may export Your Data at any time while you have an account with us. After termination we will make export available for 30 days, after which we may delete Your Data, subject to legal retention obligations and residual copies in backups deleted in the ordinary cycle.

6. Confidential Information

6.1 Each party receiving Confidential Information from the other (Receiving Party) agrees:

1. not to disclose the Confidential Information of the other party (Disclosing Party) to any third party (subject to subclause 6.1(c));
2. to protect the Confidential Information of the Disclosing Party from any loss, damage or unauthorised disclosure;
3. to only disclose the Confidential Information to those of its personnel who need to know the Confidential Information in connection with these Terms, provided those personnel keep the Confidential Information confidential in accordance with this clause 6; and
4. to only use the Confidential Information of the Disclosing Party for the purpose of performing obligations, or exercising rights or remedies, under these Terms.

6.2 The obligations in clause 6.1 do not apply to Confidential Information that:

1. is required to be disclosed for the parties to comply with their obligations under these Terms;
2. is authorised in writing to be disclosed by the Disclosing Party;
3. is in the public domain or is no longer confidential, except as a result of a breach of these Terms or other duty of confidence; or
4. must be disclosed by law or by a regulatory authority, including under subpoena, provided that (to the extent permitted by law) the Receiving Party has given the Disclosing Party notice prior to disclosure.

6.3 Each party agrees that monetary damages may not be an adequate remedy for a breach of this clause 6. A party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 6.

7. Indemnity and Liability

7.1 To the maximum extent permitted by law, a party shall not be liable for any direct, indirect, incidental, special or consequential damages, including damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) in connection with these Terms or arising out of or related to the use of the Platform.

7.2 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Platform. However, we are not liable for disruptions or downtime.

7.3 You indemnify us against third-party claims arising from Your Data infringing rights or breaching law, or your breach of clause 4 (Privacy) or clause 5 (Intellectual Property and Data), except to the extent we caused the loss.

7.4 By using the Platform in its beta phase, you agree and understand that we have offered access to the Platform with a fair limitation of risk and that we would not have done so without these limitations on liability.

8. Termination

8.1 Either party may terminate these Terms by providing 14 days’ written notice to the other party.

8.2 We may suspend your access to your account where we reasonably believe there has been any unauthorised access to or use of the Platform. If we suspend your access to the Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter.

8.3 We may terminate these Terms, or discontinue the Platform (or your access to it), at any time by providing you with 14 days' written notice, including where we decide not to proceed with a commercial or general release of the Platform.

8.4 These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate these Terms immediately.

9. General

9.1 Amendment: We may update these Terms with at least 30 days' notice by email for material changes. If a material change is adverse to you, you may terminate before it takes effect. Continued use after the effective date constitutes acceptance.

9.2 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign these Terms to a related body corporate or in connection with a sale of our business, with notice to you.

9.3 Disputes: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

9.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including providing the Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

9.5 Governing law: These Terms are governed by the laws of Western Australia.

9.6 Relationship of parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.

9.7 Notices: Any notice you send to us must be sent to hello@howll.ai. Any notice we send to you will be sent to the email address registered against your account.

9.8 Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Platform to you, including on our website or in our promotional material.

9.9 Survival: Clauses 7 to 9 will survive the termination or expiry of these Terms.

10. Definitions

Confidential Information means information which:

1. is disclosed to the receiving party in connection with these Terms at any time;
2. relates to the disclosing party’s business, assets or affairs; or
3. relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your authorised users when using the Platform or stored by or generated by your use of the Platform, including any personal information collected, used, disclosed, stored or otherwise handled in connection with the Platform. Your Data does not include any data or information that is generated as a result of your usage of the Platform that is a back-end or internal output or an output otherwise generally not available to users of the Platform.