1. Agreement to Terms
By accessing or using XESO ("the Service"), operated by Amalgam Holdings Pty Ltd (ABN pending) ("we," "us," "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. We reserve the right to modify these Terms at any time. Continued use after modification constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or in-app notification at least 14 days before they take effect.2. Description of Service
XESO is a knowledge management platform that enables users to ingest, structure, search, and interact with information extracted from various sources including web pages, video transcripts, documents, and user-generated text. The Service uses third-party artificial intelligence models to process, summarise, and generate content. The Service is provided on an "as is" and "as available" basis.3. Eligibility
You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.4. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use. We are not liable for any loss or damage arising from your failure to safeguard your credentials. We reserve the right to suspend or terminate accounts that violate these Terms, exhibit abusive behaviour, or remain inactive for more than 12 consecutive months.5. User Content and Intellectual Property
You retain all ownership rights in the content you submit to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive, royalty-free, worldwide licence to process, store, index, and display your User Content solely for the purpose of providing and improving the Service. We do not claim ownership of your User Content. We do not sell, licence, or distribute User Content to third parties except as necessary to operate the Service (for example, transmitting content to AI model providers for processing). You are solely responsible for ensuring you have the right to submit any content you ingest into the Service. We are not responsible for any copyright, trademark, or other intellectual property infringement arising from User Content.6. AI-Generated Content
The Service uses third-party AI models (including Google Gemini) to generate summaries, structured notes, search results, and conversational responses. AI-generated content is provided for informational purposes only. We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of AI-generated content. You acknowledge that AI-generated content may contain errors, omissions, or inaccuracies and should not be relied upon as the sole basis for any decision. You are solely responsible for verifying AI-generated content before acting on it. We expressly disclaim all liability for any loss, damage, or harm arising from reliance on AI-generated content.7. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) submit content that infringes third-party intellectual property rights; (c) attempt to gain unauthorised access to the Service, other accounts, or related systems; (d) interfere with or disrupt the integrity or performance of the Service; (e) reverse engineer, decompile, or attempt to extract source code from the Service; (f) use the Service to develop a competing product; (g) use automated systems (bots, scrapers) to access the Service except through our published APIs; (h) transmit malicious code, viruses, or other harmful content; or (i) circumvent or attempt to circumvent any usage limits, rate limits, or access controls.8. Payment and Billing
Certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a recurring basis. All fees are non-refundable except as required by applicable law, including the Australian Consumer Law. We reserve the right to change pricing with 30 days' prior notice. Failure to pay may result in suspension or termination of access to paid features. Taxes are the responsibility of the user except where we are required by law to collect and remit them.9. Data Processing and Third-Party Services
To provide the Service, we transmit User Content to third-party AI model providers (currently Google via the Gemini API) for processing. By using the Service, you consent to this transmission. We select third-party providers with commercially reasonable care and require them to maintain appropriate data protection standards, but we do not control and are not responsible for their data handling practices. We encourage you to review the terms and privacy policies of these providers. We are not liable for any data breach, loss, or misuse of data by third-party providers, except to the extent caused by our gross negligence.10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (C) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (D) AI-GENERATED CONTENT PROVIDED THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.12. Indemnification
You agree to indemnify, defend, and hold harmless Amalgam Holdings Pty Ltd and its directors, officers, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) User Content you submit to the Service; or (e) your negligent or wrongful conduct.13. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. You may export your data before termination using the Service's export functionality. We will retain your data for 30 days after termination, after which it may be permanently deleted.14. Service Modifications
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful within 30 days, the dispute shall be resolved by the courts of New South Wales, Australia.16. General Provisions
These Terms constitute the entire agreement between you and us regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver.17. Contact
For questions about these Terms, contact us at legal@xeso.ai.