Terms of Service
Effective Date: 1st January 2025
These Terms form a legally binding agreement between you and Instant Strata. We've designed them to be clear and straightforward, with no excessive legal jargon.
Key Points
Legal Agreement
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you" or "your") and Instant Strata ("Company", "we", "us" or "our"). By accessing or using our strata management platform ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not access or use our Service. We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" above. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
AI Assistant
Licence for AI Improvement
By using our AI assistant, you agree that we may collect, review, and analyse your conversations, procedures, workflows, and usage patterns to improve our product and the AI assistant's ability to fulfil strata management tasks. We may use such content to create synthetic or derived training data for AI improvement. For details on how we handle and protect this data, please see our Privacy Policy.
AI Limitations & Your Responsibility
Our AI assistant is a support tool designed to assist with strata management tasks. AI-generated outputs may contain errors, inaccuracies, or hallucinations. You are responsible for verifying any information provided by the AI before relying on it for decisions. The AI assistant does not provide legal, financial, or professional advice. You must exercise your own judgement and, where appropriate, seek qualified professional advice.
AI Acceptable Use
You agree not to use the AI assistant to generate content that is harmful, misleading, fraudulent, infringing, or in violation of these Terms or applicable law. You must not attempt to extract, reverse engineer, or misuse the AI for purposes other than legitimate strata management within the scope of the Service.
Our Commitment to Clarity
At Instant Strata, we're committed to providing you with transparent, efficient strata management. While these Terms constitute a formal legal agreement, we've designed them to be as clear and straightforward as possible. Our Service helps strata committees and owners manage schemes, finances, communications, and compliance, supported by AI where appropriate. These Terms outline acceptable use, your rights and responsibilities, our limitations of liability, and what happens if these Terms are violated.
Acceptable Use
How you can use Instant Strata
Our Service is designed for legitimate strata management purposes. You may use our Service as a committee member, lot owner, or authorised representative of a strata scheme, subject to these Terms. By using our Service, you represent and warrant that you are at least 18 years of age or have the consent of a parent or guardian, and that you have authority to act on behalf of the scheme or lot where applicable. You agree to use the Service in compliance with all applicable laws, regulations (including strata legislation), and these Terms.
Prohibited Activities
You agree not to engage in any of the following. Violation may result in suspension or termination of your access, and may subject you to civil liability or criminal prosecution.
- Automated scraping: No automated data extraction, scraping, or harvesting beyond normal use without our express written permission.
- API abuse: No excessive API calls, circumventing rate limits, or actions that place an unreasonable load on our infrastructure.
- Illegal content: No uploading or distributing illegal materials, including content that infringes intellectual property or violates privacy laws.
- Reverse engineering: No attempts to reverse engineer, decompile, or derive the source code or algorithms of our Service.
- Reselling: No reselling, redistributing, or providing access to our Service to third parties without our express written permission.
- Harmful use: No use that harms, threatens, or harasses others, promotes discrimination, or interferes with the Service or other users.
- Misrepresentation: No impersonating Instant Strata, our employees, or other users, or misrepresenting your affiliation.
- Security violations: No attempting to breach security measures, access unauthorised areas, or test system vulnerability.
- Malicious content: No uploading or transmitting viruses, malware, or other malicious code, or activities that disrupt or damage our Service.
Accounts & Subscription Terms
Access to our Service typically requires registration. We may offer different tiers (e.g. scheme-level, enterprise) subject to specific terms and fees. Subscriptions are billed on a recurring basis until cancelled. You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access until the end of your current billing period. We reserve the right to modify pricing with 30 days' notice; price changes take effect on your next billing cycle.
Payments are processed securely through our third-party processors. By subscribing, you authorise us to charge your chosen payment method on a recurring basis. You are responsible for accurate and current payment information. If we cannot process payment, we may suspend or terminate access. We are not responsible for fees imposed by your payment provider.
Account Responsibilities
You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorised use or breach of security. You agree to provide accurate, current, and complete information during registration and to keep it updated. We reserve the right to suspend or terminate your account if information is inaccurate or incomplete.
Enforcement & Legal Terms
Monitoring & Enforcement
We monitor usage patterns to ensure our Service is used appropriately. If we detect violations, we may take action ranging from a warning to account suspension or termination. The severity of our response will be proportional to the violation.
Limitation of Liability
To the maximum extent permitted by applicable law, Instant Strata and its officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from: (1) your access to or use of or inability to access or use the Service; (2) any conduct or content of any third party on the Service; (3) any content obtained from the Service; (4) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory.
In no event shall our aggregate liability exceed the greater of one hundred Australian dollars (AUD $100) or the amount you have paid us in the past twelve months. These limitations apply regardless of the theory of liability and even if a remedy has failed of its essential purpose.
Dispute Resolution
Governing law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law provisions.
Arbitration: Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration, except that you may assert claims in small claims court if they qualify.
Venue: Any legal action not subject to arbitration shall be instituted in Sydney, New South Wales. You and Instant Strata agree to submit to the personal jurisdiction of the courts located within New South Wales.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Instant Strata and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.
You retain ownership of content you upload. By uploading content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, and distribute such content in connection with providing the Service to you and other users.
Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, your right to use the Service ceases immediately. You may terminate your account at any time through your account settings. Sections that by their nature should survive (including Limitation of Liability, Dispute Resolution, Intellectual Property) shall survive termination.
Contact Us
If you have any questions about these Terms, please contact us. We're here to help.