IMPORTANT: Carefully read these Terms of Service (this “Agreement”) before using the Service (as defined below). This Agreement creates a binding legal agreement between you (“Customer”) and Cassia Research Inc. dba CoPilot AI (“CoPilot AI”).
Footnote: These Terms apply only to Customers located in Australia.
BY USING THE SERVICE, YOU IRREVOCABLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. YOU ALSO AGREE TO ENSURE THAT ANYONE WHO USES THE SERVICE USING YOUR PASSWORD OR LOGIN INFORMATION ABIDES BY THIS AGREEMENT.
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
By accepting this Agreement, you agree to be bound by its terms and by CoPilot AI’s Privacy Statement located at https://copilotai.com/privacy-policy-aus/. We may amend this Agreement by posting an updated version with a new “Last Updated” date, and such amendments will take effect 30 days after posting. You may terminate the Agreement within that 30-day window if you disagree with the changes.
You must be at least 18 years old and legally able to enter this Agreement.
2.1 "Confidential Information" means all non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. CoPilot AI’s Confidential Information includes information about the Service, System, Documentation, and the terms of this Agreement. Customer’s Confidential Information includes Customer Data.
2.2 "Material Breach" means a breach that substantially undermines the value of this Agreement, including unauthorized use or disclosure of Confidential Information, failure to comply with applicable laws, infringement of intellectual property rights, non-payment, or any act that fundamentally frustrates the Agreement's purpose.
2.3 "Customer Data" means data, content, and information submitted by or on behalf of Customer or Users to the Service.
2.4 "Documentation" means user guides, technical documentation, and help materials made available by CoPilot AI that describe the features, functionality, or operation of the Service.
2.5 "Fees" means the charges payable for access to and use of the Service, as described in the checkout process, order form, or other agreement.
2.6 "Force Majeure Event" means an event beyond a party’s reasonable control, including acts of God, natural disasters, pandemics, labor disputes, government actions, telecommunications failures, or Internet service disruptions.
2.7 “Order Form” means any document or electronic interface (including but not limited to an online checkout page or Stripe payment form) that sets out the Service subscription details, term, and Fees. For clarity, an "Order Form" includes purchases completed via a self-service online checkout or payment process.
2.8 "Personal Information" means information or opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not, including as defined under the Privacy Act 1988 (Cth).
2.9 "Privacy Laws" means all applicable laws, including the Privacy Act 1988 (Cth), that regulate the handling of Personal Information.
2.10 "Service" means the CoPilot AI software-as-a-service solution provided to Customer, including all related tools, features, and content, as described in the Documentation or Order Form.
2.11 "System" means the technology, including software, hardware, and infrastructure, used by CoPilot AI to provide the Service.
2.12 "UserID" means a unique user identifier provided to a User to access the Service.
2.13 "Users" means Customer’s personnel or agents who are authorized to use the Service under this Agreement and have been assigned UserIDs.. For Australian users, “Order Form” includes purchases via online checkout.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian law. These rights apply in addition to any rights set out in this Agreement and will prevail in the event of any inconsistency.
Conditional on Customer: (a) complying with the provisions of this Agreement, including but not limited to paying the Fees as required by this Agreement; (b) cooperating with the reasonable requests of CoPilot AI; and (c) providing CoPilot AI with access to systems or integrations where necessary, CoPilot AI grants Customer a non-sublicensable, non-transferable, non-exclusive right to access and use the Service in accordance with this Agreement. Customers subscribing via online checkout are deemed to have executed an Order Form.
CoPilot AI will use commercially reasonable efforts to maintain a Service uptime of 99.9% on an annual basis. Failure to meet this uptime target does not by itself constitute a breach of this Agreement. Australian Consumer Law remedies apply where non-performance materially impairs the service utility.
Subject to active subscription status and payment of applicable Fees, CoPilot AI will provide commercially reasonable technical support for the Service and make efforts to correct reproducible failures.
CoPilot AI may update the Service and underlying systems at any time. Scheduled maintenance may cause temporary downtime. Where practical, CoPilot AI will provide advanced notice to Customers via in-app messages or email.
To the extent Customer Data contains Personal Information, it will be collected, used, and disclosed as described in this Agreement and CoPilot AI’s Privacy Policy, and in accordance with the Australian Privacy Principles (APPs).
Customer acknowledges that use of the Service involves the Internet and that CoPilot AI is not responsible for Internet-based risks outside its control. While CoPilot AI implements security safeguards, the Customer assumes responsibility for the secure use of the Service.
CoPilot AI may suspend, limit, or terminate access without prior notice if necessary to (a) prevent harm to the Service or Customer systems, (b) comply with law or court orders, or (c) mitigate reputational risk. CoPilot AI will restore access when the issue is resolved and will notify the Customer when reasonably practicable.
CoPilot AI may use subcontractors to perform or support the delivery of the Service. CoPilot AI remains responsible for its subcontractors and their compliance with this Agreement.
All Fees for the Service are billed in advance on a monthly basis unless otherwise agreed in writing. Fees are stated in USD and are exclusive of GST and any other applicable taxes or duties. CoPilot AI is not currently registered for GST in Australia and does not charge it. Prices are subject to change with 30 days’ notice to the Customer, provided via the email address on file or through the Service dashboard.
If a Customer cancels during a free trial period (where applicable), no Fees will be charged. If cancellation occurs during a paid subscription period, access to the Service will continue until the end of the current billing cycle, and no refunds will be issued for unused time.
All payment obligations are non-cancellable and Fees are non-refundable, except as required under the Australian Consumer Law (ACL) or as otherwise expressly stated in this Agreement. The Customer is responsible for paying any applicable taxes (excluding taxes based on CoPilot AI’s income or employment-related taxes), duties, or levies imposed in connection with their use of the Service.
Overdue amounts may accrue interest at a rate of 12% per annum, or the maximum rate allowed by law, whichever is lower. CoPilot AI reserves the right to recover all reasonable costs of collection, including legal fees, agency costs, and court fees incurred in connection with recovering overdue amounts.
If any Fees remain unpaid more than 30 days after the due date, CoPilot AI may, without limiting its other rights or remedies under this Agreement:
Access to the Service will be restored once all overdue amounts, including applicable interest and recovery costs, have been paid in full.
The Customer must maintain complete, accurate, and up-to-date billing and contact information with CoPilot AI at all times.
Customer acknowledges that CoPilot and its licensors retain all right, title, and interest in and to the Service, the System, and all software, materials, formats, interfaces, information, data, content, and CoPilot proprietary information and technology used by CoPilot or provided to Customer in connection with the Service (collectively, the “CoPilot Technology”), and that the CoPilot Technology is protected by intellectual property rights owned by or licensed to CoPilot, including any licensed open source software (see [https://www.copilotai.com/open-source-software-notices] for applicable notices). Except as expressly set forth in this Agreement, no license or other rights in the CoPilot Technology are granted to the Customer, and all such rights are hereby expressly reserved by CoPilot.
CoPilot will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback provided by Customer, including Users, relating to the Service.
Customer retains all right, title, and interest in and to the Customer Data. Except as set out in Section 6.3, CoPilot will only use Customer Data to provide the Service under this Agreement. Customer will be solely responsible for providing all Customer Data required for the proper operation of the Service. Customer grants to CoPilot all necessary licenses in and to such Customer Data solely as necessary for CoPilot to provide the Service to Customer and the Users.
Customer grants to CoPilot a perpetual, worldwide, royalty-free, non-exclusive, irrevocable license to use, reproduce, process, and display the Customer Data in an aggregated and anonymized format for CoPilot’s internal business purposes, including, without limitation, to develop and improve the Service, the System, and CoPilot’s other products and services.
Each party agrees to:
(a) maintain the confidentiality of the other party’s Confidential Information with at least the same degree of care as it uses to protect its own confidential materials, but in no case less than reasonable care;
(b) only disclose Confidential Information to employees, contractors, or advisors who need to know and who are bound by confidentiality obligations; and
(c) use the Confidential Information solely for the purposes of performing its obligations under this Agreement.
The obligations in Section 7.1 do not apply to information that:
(a) is or becomes public through no fault of the receiving party;
(b) was already known to the receiving party without restriction at the time of disclosure;
(c) is independently developed without reference to the disclosing party’s Confidential Information; or
(d) is rightfully disclosed by a third party without restriction.
If the receiving party is legally compelled to disclose Confidential Information, it must provide prompt notice (where permitted by law) and cooperate with the disclosing party to seek a protective order or other remedy.. Exceptions include disclosures required by law or information already known, public, or independently developed.
Customer acknowledges that CoPilot AI and its licensors retain all right, title, and interest in and to the Service, System, Documentation, and any associated intellectual property, including any enhancements, modifications, or derivative works. No rights are granted to the Customer other than those explicitly granted in this Agreement.
Customer retains all right, title, and interest in and to Customer Data. CoPilot AI will only use Customer Data as necessary to provide the Service in accordance with this Agreement. Customer grants CoPilot AI a non-exclusive license to access, process, and store Customer Data solely for this purpose.
Customer grants CoPilot AI a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and analyze Customer Data in an aggregated and anonymized form for internal business purposes, including product improvement and analytics. This data, which will not identify Customer or any individual, including its software, systems, and documentation, remains with CoPilot AI. Customer retains rights to Customer Data but grants CoPilot AI a license to use such data to provide the Service.
CoPilot AI warrants that the Service will perform materially in accordance with its Documentation under normal use. If the Service does not conform to this warranty, CoPilot AI will, at its expense and as its sole obligation, use commercially reasonable efforts to correct the nonconformity.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW: (a) THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”;
(b) COPILOT AI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(c) COPILOT AI DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DATA OR RESULTS PROVIDED WILL BE ACCURATE OR RELIABLE; and
(d) COPILOT AI IS NOT RESPONSIBLE FOR FAILURES OUTSIDE ITS CONTROL, INCLUDING INTERNET OUTAGES OR THIRD-PARTY SOFTWARE.
Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or other applicable Australian laws. To the extent permitted by law, all other warranties, representations, and guarantees not set out in this Agreement are excluded.
If you have concerns or wish to request a remedy under Australian Consumer Law, please contact us at help@copilotai.com
If a third-party claim, demand, suit, or proceeding is made or brought against CoPilot AI arising out of or related to: (a) Customer’s use of the Service, (b) Customer’s breach of any provision of this Agreement, or (c) an allegation that Customer Data infringes a third party’s rights or violates law, Customer will indemnify and hold harmless CoPilot AI from any damages, losses, costs (including legal fees), and liability arising from such claims, provided that CoPilot AI: (i) promptly notifies Customer of the claim, (ii) gives Customer sole control of the defense and settlement, and (iii) provides reasonable cooperation.
To the fullest extent permitted by law, CoPilot AI’s total liability under this Agreement is limited to the amount paid by you in the preceding 12 months. CoPilot AI will not be liable for indirect or consequential damages.
Where the ACL applies, liability for breach of a consumer guarantee is limited, at CoPilot AI’s option, to resupply of the Service or waive the payment of the cost of having the Service resupplied.
This Agreement begins on the date you accept these terms (by creating an account or executing an Order Form) and continues until terminated in accordance with this Section. Subscriptions automatically renew monthly unless cancelled via the Stripe portal.
Customer may cancel at any time through the Stripe portal. If cancelled during a trial, no charges will be incurred, and access will terminate at the end of the trial period. If cancelled during a paid billing cycle, access continues through the end of that billing period.
CoPilot AI may terminate or suspend access immediately upon notice if:
(a) Customer materially breaches this Agreement and fails to cure such breach within 30 days of written notice;
(b) Customer fails to make timely payment; or
(c) CoPilot AI is required to do so by law or court order.
Upon termination:
(a) Customer’s access to the Service will be disabled;
(b) All outstanding Fees become immediately due; and
(c) Upon written request received within 30 days of termination, CoPilot AI will provide Customer with one electronic copy of Customer Data. After this period, CoPilot AI may delete all Customer Data from its systems.
Sections that by their nature should survive termination (e.g., Confidentiality, Limitation of Liability, Indemnity, and Ownership) will remain in effect. through the Stripe portal. Upon cancellation, you will continue to have access until the end of your current billing cycle. CoPilot AI may terminate or suspend your access for breach, non-payment, or unlawful use. Upon termination, CoPilot AI will provide access to your Customer Data for 30 days if requested.
CoPilot AI may reference Customer as a customer in marketing materials unless Customer provides written notice to opt out.
Customer may not assign this Agreement without CoPilot AI’s prior written consent, except to an affiliate or successor entity. CoPilot AI may assign this Agreement freely.
Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including acts of God, pandemics, or third-party infrastructure failures. Obligations will resume once the force majeure event ends.
Notices must be in writing and delivered via email or physical mail to the addresses on file or set out in this Agreement.
This Agreement, including any policies or Order Forms incorporated by reference, constitutes the full agreement between the parties.
Failure to enforce a provision does not constitute a waiver. If any part of this Agreement is found unenforceable, the remainder remains in effect.
Refunds are available in accordance with Australian Consumer Law or if:
Except as required by Australian Consumer Law or as outlined in Section 13.1, Fees are generally non-refundable, including those paid for prior billing cycles or for features already delivered. However, nothing in this Agreement limits your rights under the Competition and Consumer Act 2010 (Cth).
Requests must be sent to help@copilotai.com with reason, supporting details, and transaction evidence. CoPilot AI will respond within 10 business days.
Approved refunds will be issued to the original payment method within 14 business days. Timing may be affected by processor or banking delays.
No refunds will be issued where the Service was suspended or terminated due to Customer breach, or where service interruptions were outside CoPilot AI’s control.
This Agreement is governed by the laws of New South Wales, Australia. Any disputes shall be resolved by the courts of New South Wales, unless otherwise required by the ACL.
This Agreement is governed by the laws of New South Wales, Australia. Any disputes shall be resolved by the courts of New South Wales, unless otherwise required by the ACL.