01Agreement
Subtext is operated by Josephmark Pty Ltd (“Josephmark”, “we”, “us”), an Australian company. These terms form a binding agreement between Josephmark and you.
1.1These terms govern your use of the Subtext application, its documentation, and the connectors and plugins we publish to third-party AI assistant directories (together, the “Service”).
1.2By creating an account, connecting an AI assistant to the Service, or otherwise using the Service, you agree to these terms. If you do not agree, do not use the Service.
1.3Our handling of personal information is described in the Privacy Policy, which forms part of these terms.
1.4Where you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” includes that organisation.
02Eligibility and accounts
2.1You must be at least 18 years of age to use the Service. The Service is not directed to children and we do not knowingly provide it to them.
2.2Accounts are created through an identity provider. You are responsible for maintaining control of the identity you sign in with, and for all activity conducted through your account.
2.3An account is personal to you. You may not share your account credentials, or permit another person to use your account. Access intended for another person is granted through a connection under Section 5, not by sharing credentials.
2.4You must notify us promptly if you believe your account or any credential issued by the Service has been compromised.
03The Service
3.1The Service ingests content you provide or authorise us to retrieve, derives a structured representation of it, and makes that representation available to you and to AI assistants you connect.
3.2The structured representation is produced by automated processing, including large language models. It is an interpretation of your content and may be incomplete, out of date, or incorrect.
3.3The Service is a convenience layer over information you already hold. It is not a system of record, not a backup service, and must not be relied on as the only copy of anything you need to keep.
3.4We may add, change or withdraw features. Section 10 governs changes that materially reduce the Service.
04Your content
4.1You retain all rights in the content you upload, record, enter, or authorise us to retrieve on your behalf (“Your Content”), and in the structured representation we derive from it. We claim no ownership of either.
4.2You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and process Your Content, and to disclose it to the processors identified in the Privacy Policy, solely to the extent necessary to operate the Service for you. This licence exists only to run the Service and ends when the content is deleted.
4.3We do not use Your Content to train machine learning models, and we do not sell it or disclose it for advertising.
4.4You are responsible for Your Content. You represent that you have the rights necessary to provide it to the Service, and that doing so does not breach any obligation you owe to another person.
4.5Your Content will frequently concern other people. You are responsible for ensuring you are entitled to record and process information about them, and for any notice or consent that entitlement requires.
4.6You may export or delete Your Content at any time. Deletion of your account deletes Your Content in accordance with the retention provisions of the Privacy Policy.
05Connections to AI assistants
5.1The Service is designed to be connected to third-party AI assistants. Each connection is authorised by you, is issued its own credential, and does not receive your sign-in credentials.
5.2Each connection is subject to an access scope you select, and is read-only unless you expressly grant write access. You may suspend or revoke any connection at any time, with immediate effect.
5.3A connection you grant write access may add to or amend the structured representation on your behalf, without asking you first. This is the intended behaviour. Review what a connection has recorded if it matters to you.
5.4Once information has been retrieved by a third-party AI assistant it is subject to that assistant’s own terms, privacy policy and retention practices. We have no control over it and accept no responsibility for it. Consider this before granting a connection a broad scope.
5.5Granting a connection to a person other than yourself — for example, so a colleague’s assistant can be briefed about your work — discloses the in-scope portion of your information to that person. You are responsible for that decision.
5.6Third-party AI assistants are not operated by us. Their availability, behaviour and directory policies are outside our control, and a change on their side may interrupt or end a connection.
06Sources you connect
6.1Where you authorise the Service to retrieve content from a third-party source, you authorise us to access that source on your behalf, on the basis and within the limits described in the Privacy Policy.
6.2Each source is authorised separately, and you may withdraw any authorisation at any time. Withdrawal does not delete content already retrieved; delete that content separately if you want it removed.
6.3You must not connect a source you are not entitled to grant us access to, including an account belonging to an employer or another person, unless you are authorised to do so.
07Acceptable use
7.1You must not use the Service to store, process or distribute content that is unlawful, or that infringes the rights of another person.
7.2You must not use the Service to conduct surveillance of another person, or to build a profile of a person who has not consented to it and would not reasonably expect it.
7.3You must not attempt to access another user’s information, circumvent a scope restriction or credential, probe or disrupt the Service or its infrastructure, or interfere with another user’s use of it.
7.4You must not resell, sublicense or provide the Service to third parties as your own, or use it to build a competing service.
7.5You must not use the Service in a manner that imposes an unreasonable load on it, including automated access beyond the rate limits we apply, or access designed to evade those limits.
7.6You must not attempt to derive the weights, prompts or configuration of any model used by the Service, or use the Service to develop a competing machine learning model.
08Generated output
8.1The Service generates text automatically, including page summaries, briefs and derived relationships. Generated output may be inaccurate, may assert things your content does not support, and may omit things it does.
8.2You must not rely on generated output for any decision with legal, financial, medical, employment or safety consequences without verifying it against the underlying source.
8.3As between you and us, generated output derived from Your Content is yours, on the same basis as Your Content itself. We make no representation that generated output is original or that it can be protected as intellectual property.
09Credits, subscriptions and fees
9.1Some processing consumes credits. Current prices, inclusions and any grant made on signup are shown in the Service at the time of purchase, and may change with notice.
9.2Payments are handled by a third-party payment processor. We do not receive or store your payment card details.
9.3Subscriptions renew automatically for successive periods until cancelled. You may cancel at any time, effective at the end of the current period; the Service remains available until then.
9.4Except where the Australian Consumer Law or another non-excludable law requires otherwise, fees and credits are non-refundable, and unused credits are not redeemable for cash.
9.5Where a balance is exhausted, processing that consumes credits will stop. Your existing information remains accessible.
9.6Prices are stated in the currency shown at checkout and, unless stated otherwise, are inclusive of GST where GST applies.
10Availability and changes
10.1We do not commit to any particular level of availability. The Service may be unavailable for maintenance, or because of a failure in a third-party service it depends on.
10.2We may change the Service, including by adding, altering or withdrawing features. Where a change would materially reduce the Service for a paying user, we will give reasonable notice, and that user may cancel and receive a pro-rata refund of any prepaid period not yet used.
10.3We may discontinue the Service entirely on reasonable notice, during which you may export Your Content.
11Suspension and termination
11.1You may stop using the Service and delete your account at any time.
11.2We may suspend or terminate your access where you breach these terms, where we are required to by law, or where continued access presents a security risk to the Service or to another user. Where practicable and lawful, we will tell you why.
11.3On termination, your right to use the Service ends and Your Content is deleted in accordance with the retention provisions of the Privacy Policy. Export anything you want to keep before terminating.
11.4Sections 4.1, 12, 14, 15, 16, 17 and 19 survive termination.
12Intellectual property
12.1The Service, including its software, interface, documentation and branding, is owned by Josephmark or its licensors. Nothing in these terms transfers any right in it to you.
12.2We grant you a non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose while these terms are in force.
12.3Where we publish a plugin, skill or connector under an open source licence, that licence governs your use of it and prevails over this section to the extent of any inconsistency.
12.4Where you give us feedback about the Service, we may use it without obligation or attribution. You are not required to give feedback.
13Third-party services
13.1The Service depends on third parties, including identity providers, cloud infrastructure, model providers, payment processing and the AI assistant platforms it connects to.
13.2Your use of a third-party service is governed by that party’s terms. We are not responsible for their acts or omissions, and a failure or change on their part may affect the Service.
13.3Listing of the Service in a third-party directory is at that party’s discretion and may be withdrawn at any time. Withdrawal does not affect your account.
14Disclaimers
14.1Subject to Section 15, the Service is provided on an “as is” and “as available” basis, and we exclude all warranties, conditions and representations not expressly stated in these terms.
14.2Without limiting 14.1, we do not warrant that the Service will be uninterrupted or error-free, that generated output will be accurate or complete, that the structured representation will faithfully reflect your content, or that the Service will meet any particular requirement.
15Australian Consumer Law
15.1Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
15.2Where the Australian Consumer Law applies and the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our election, to resupplying the Service or paying the cost of having it resupplied.
15.3Sections 14 and 16 apply only to the extent permitted by Section 15.1.
16Liability
16.1Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated savings, however arising.
16.2We are not liable for loss or corruption of Your Content, to the extent that loss could have been avoided by you keeping your own copy. The Service is not a backup service.
16.3Our aggregate liability arising out of or in connection with these terms and the Service is limited to the greater of the fees you paid us in the twelve months preceding the event giving rise to the liability, and one hundred Australian dollars.
16.4Our liability is reduced to the extent your own act, omission or breach of these terms contributed to the loss.
17Indemnity
17.1You indemnify us against any claim by a third party, and any loss we suffer, arising from Your Content, from a source or connection you authorised, or from your breach of Section 7.
17.2This indemnity does not apply to the extent the claim or loss was caused by our own breach of these terms, negligence or unlawful act.
18Changes to these terms
18.1We may amend these terms. The amended terms take effect when published at this address, and the date at the top of this page is updated.
18.2Where an amendment materially affects your rights, we will give reasonable notice before it takes effect. Continued use after that date constitutes acceptance; if you do not accept, stop using the Service and delete your account.
19Governing law
19.1These terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State and the courts competent to hear appeals from them.
19.2If a provision of these terms is unenforceable, it is severed to the minimum extent necessary and the remainder continues in force.
19.3A failure or delay in exercising a right under these terms is not a waiver of it.
19.4You may not assign these terms without our consent. We may assign them to a successor of our business on notice to you.
19.5These terms, together with the Privacy Policy, are the entire agreement between us about the Service.
20Contact
20.1Enquiries about these terms should be directed to hello@josephmark.com.au.
20.2Josephmark Pty Ltd is an Australian company. Its registered office details are available from the Australian Securities and Investments Commission.