Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Thornbill platform and services ("Services") provided by Thornbill Pty Ltd (ABN to be confirmed) ("Thornbill", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Description of Services

Thornbill provides an AI-powered utility bill processing platform that enables users to:

• Upload and process utility bills (electricity, gas, water)
• Extract data from PDF documents automatically
• Track and analyse energy usage and costs
• Generate reports and insights across facilities

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Upload malicious software, viruses, or harmful code
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Upload false, misleading, or fraudulent documents
• Use the Services for any illegal or unauthorised purpose
• Resell or redistribute the Services without our written consent

5. User Content and Data

You retain ownership of all documents, data, and content you upload to the Services ("User Content"). By uploading User Content, you grant us a limited licence to process, store, and analyse your content solely for the purpose of providing the Services to you.

You represent and warrant that you have all necessary rights to upload and process the User Content, and that your use of the Services does not violate any third party's rights.

We implement reasonable security measures to protect your User Content. However, you acknowledge that no method of electronic storage is completely secure, and we cannot guarantee absolute security.

6. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by Thornbill and protected by Australian and international intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes. This licence does not include the right to:

• Modify, copy, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written consent

7. Payment Terms

Certain features of the Services may require payment. By subscribing to a paid plan, you agree to:

• Pay all fees in accordance with the pricing plan you select
• Provide accurate billing information
• Authorise us to charge your payment method for recurring fees

All fees are quoted in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. We may change our pricing with 30 days' notice. Refunds are provided in accordance with Australian Consumer Law.

8. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable notice where possible)
• Emergency repairs or security updates
• Factors beyond our reasonable control

We are not liable for any loss or damage arising from service interruptions.

9. Limitation of Liability

To the maximum extent permitted by law, Thornbill and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Services.

Our total liability for any claim arising from these Terms or the Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law or other laws that cannot be excluded or limited by contract.

10. Indemnification

You agree to indemnify and hold harmless Thornbill and its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third party's rights
• Your User Content

11. Termination

You may terminate your account at any time by contacting us or using the account settings in the Services. We may suspend or terminate your access to the Services if:

• You breach these Terms
• We are required to do so by law
• We discontinue the Services

Upon termination, your right to use the Services will cease immediately. We will retain your data for a reasonable period to allow you to export it, after which it may be deleted.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. If we cannot resolve the dispute within 30 days, either party may pursue formal legal remedies.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by email. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thornbill regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: legal@thornbill.io