Terms of Service
1. This Beta Test Trial Agreement (Agreement) is made between Air Capture Pty Ltd (ABN 67 652 611 839) trading as Revy AI of 100 Harris Street, Pyrmont NSW 2009 (Revy AI, we, us and our) and you (you or your).
2. This Agreement is for a 30 day free trial to the beta version (Beta Product) of Revy AI (Product) (Free Trial) that will commence on the date your subscription is activated (Free Trial Period).
4. Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, royalty-free licence to use the Beta Product for the sole purpose of testing the Beta Product for the Free Trial Period only. You may only use a Free Trial once.
5. You must not, unless otherwise permitted by law, make any copies of the Beta Product, provide the Beta Product to any other person, sublicence or assign any of your rights or obligations under this Agreement, modify the Beta Product, reverse engineer or decompile the software used in the Beta Product, or alter or remove any copyright notice or other identification that indicates ownership of the Beta Product. You must take reasonable steps to ensure that the Beta Product is protected from any unauthorised access, use or copying.
6. The Beta Product and all associated intellectual property rights are owned by us or our licensors, and do not pass to you.
7. Revy AI reserves the right, in our sole discretion, to withdraw or to modify this Agreement and the Beta Product at any time with prior notice and without any liability. If you do not accept the modified agreement, you must immediately cease using the Beta Product.
8. Revy AI may also terminate the Free Trial and the Free Trial Period at any time without providing reason and is not liable for any loss resulting from such termination.
9. When this Agreement expires or terminates (for any reason), your access to the Beta Product will be immediately terminated, and any data you may have uploaded to the Beta Product will be permanently deleted, unless you buy a subscription for the same software (if it exists) before such termination or expiry. Clauses 10, 13 and 14 continue to operate after termination or expiry, as will any other terms that, by their nature, continue after termination or expiry.
10. As you will be part of testing the beta version of the Product, and on a free-trial basis, you acknowledge and agree that:
10.1 some functionalities and features may not be supported or fully functioning;
10.2 the Beta Product, and the results you obtain from the Beta Product, may not be error free;
10.3 there is a risk that the data you provide to the Beta Product maybe corrupted or lost, and you are responsible for keeping a separate copy of any data you may need on an ongoing basis; and
10.4 if any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under any applicable legislation and cannot be excluded (a Non-Excludable Provision),and Revy AI is able to limit your remedy for a breach of the Non-Excludable Provision, then Revy AI's liability for breach of the Non-Excludable Provision is limited to one or more of the following (at Revy AI’s option):
(a) the replacement of the Beta Product or the supply of equivalent goods;
(b) the repair of the Beta Product;
(c) the payment of the cost of replacing the Beta Product or of acquiring equivalent goods; or
(d) the payment of the cost of having the Beta Product repaired;
10.5 except as expressly provided in this Agreement, the rights of Revy AI under this Agreement are in addition to and do not exclude or limit any other rights or remedies provided by law;
10.6 Revy AI is not liable for, and no measure of damages will in any circumstances include, any incidental, special, consequential or punitive damages, or damages for loss of profits, opportunity, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort(including negligence), in equity or on any other basis; and
10.7 subject to clauses 10.5 and 10.6 above, Revy AI’s maximum aggregate liability to you for all claims under or in relation to this Agreement or its subject matter, whether in contract, tort (including negligence), in equity or on any other basis, will not exceed AUD $10.
11. You agree to participate in research interviews, complete surveys and similar activities reasonably requested by Revy AI to enable Revy AI to gather feedback from on you in relation to the Beta Product.
12. You agree that Revy AI may photograph, video record and otherwise record your sessions with Revy AI consultants and the results of your use of the Beta Product. You agree that we may use your name, image and voice in photographs, videos and other recordings made in connection with the Free Trial for our training, support and product improvement purposes. Any photograph or video recordings will be kept by us for up to 12 months, and may be shared (along with other results of the Free Trial) with third parties and other companies within our related companies, for support and product improvement purposes. You agree you will not receive any renumeration in connection with your participation in the FreeTrial and such activities.
13. The Beta Product and the outcome of the Free Trial are Revy AI’s confidential information. You must not share any part of the knowledge you gain in connection with the Free Trial with any third party without the written consent of Revy AI.
14. This Agreement constitutes the entire agreement between you and Revy AI in relation to its subject matter. If any part of this Agreement is void or unenforceable, that part will be severable from and will not affect the enforceability of the remaining provisions.
15. This Agreement is governed by the law in force from time to time in the state of New South Wales, Australia, and you and Revy AI both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.