Terms of Service

1. Acceptance of Terms

By accessing or using any services provided by Kordio Pty Ltd (ABN 94 473 554 662) ("Kordio", "we", "us", or "our"), including our website, applications, and the Clara AI platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and Kordio. By creating an account, subscribing to a plan, or otherwise using our Services, you represent and warrant that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

2. Description of Service

Kordio provides AI-powered business solutions, including but not limited to:

• Clara AI — a complete AI phone agent designed for restaurants and hospitality businesses that answers incoming calls, takes customer orders, sends SMS and email confirmations, and prints invoices and kitchen order tickets (KOTs) directly to your point-of-sale or kitchen printer systems.
• Dashboard and analytics tools for monitoring call activity, order history, and agent performance.
• Integration services with third-party point-of-sale, payment, and communication platforms.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable. We will endeavour to notify you of material changes that affect your use of the Services.

3. Account Registration & Responsibilities

To access certain features of the Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at hello@kordio.com.au if you suspect any unauthorised access to or use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services in any manner that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorised access to, interfere with, or disrupt any part of the Services, servers, or networks connected to the Services.
• Use the Services to transmit any unsolicited or unauthorised advertising, spam, or promotional materials.
• Use the Services to impersonate or attempt to impersonate Kordio, a Kordio employee, another user, or any other person or entity.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any part of the Services.
• Use the Services in a manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
• Use automated scripts, bots, or other means to access or interact with the Services beyond the intended functionality.

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without notice.

5. Payment & Billing

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

• Fees. You agree to pay all fees associated with your selected plan as published on our website or as otherwise agreed in writing. All fees are quoted in Australian Dollars (AUD) unless otherwise stated.
• Billing Cycle. Fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Payment Method. You must provide a valid payment method. You authorise us to charge your payment method for all fees due under your subscription.
• Taxes. All fees are exclusive of applicable taxes, including GST. You are responsible for paying any taxes associated with your use of the Services, except for taxes on our net income.
• Late Payments. If payment is not received by the due date, we may suspend access to the Services until all outstanding amounts are settled. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Refunds. Fees are generally non-refundable except where required by Australian Consumer Law. If you believe you are entitled to a refund, please contact us at hello@kordio.com.au.

6. Intellectual Property

All intellectual property rights in the Services, including but not limited to software, algorithms, machine learning models, designs, trademarks, logos, and content created by Kordio, are and remain the exclusive property of Kordio or its licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during the term of your subscription.

You retain ownership of any data, content, or materials that you upload, submit, or transmit through the Services ("Your Content"). By using the Services, you grant Kordio a limited licence to use, process, and store Your Content solely for the purpose of providing and improving the Services.

Nothing in these Terms transfers any intellectual property rights from one party to the other, except as expressly stated herein.

7. Limitation of Liability

To the maximum extent permitted by law, Kordio and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of the Services, regardless of the theory of liability.

To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the total amount of fees paid by you to Kordio during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

The Services rely on artificial intelligence and machine learning technologies. While we strive for accuracy, we do not guarantee that the AI-generated outputs, including order processing and call handling, will be error-free at all times. You acknowledge and accept the inherent limitations of AI technology.

8. Termination

Either party may terminate these Terms as follows:

• By You. You may cancel your subscription and terminate your account at any time through your account settings or by contacting us at hello@kordio.com.au. Cancellation will take effect at the end of the current billing cycle, and you will retain access to the Services until that date.
• By Kordio. We may suspend or terminate your access to the Services immediately and without prior notice if: (a) you breach any provision of these Terms; (b) you fail to pay any fees when due; (c) we are required to do so by law; or (d) we reasonably determine that your continued use of the Services poses a risk to the security, integrity, or availability of the Services.
• Effect of Termination. Upon termination, your right to use the Services will cease immediately. We may retain Your Content for a reasonable period to allow you to retrieve it, after which we may delete it. Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals therefrom for the resolution of any disputes arising out of or in connection with these Terms.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide reasonable notice by posting the updated Terms on our website and updating the "Last updated" date at the top of this page. We may also notify you via email or through the Services.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Services and cancel your subscription.

11. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: