Terms of Service

Last Updated: 19 August 2025

Welcome to Elite Systems AI. These Terms of Service ("Terms") govern your use of our website, services, and products provided by Elite Systems AI Pty Ltd (ABN: 12688622120) ("we," "our," "us," or "Elite Systems AI"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using our website (elitesystems.ai) and services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Services Description

Elite Systems AI provides:

• AI-powered business automation solutions
• Custom workflow and process optimization
• Systems integration and consulting services
• Business growth and efficiency consulting
• Technology implementation and support
• Training and ongoing support services

3. Eligibility and Registration

3.1 Eligibility

You must be:

• At least 18 years of age
• Legally capable of entering into binding contracts
• Using our services for legitimate business purposes
• Not prohibited from using our services under Australian law

3.2 Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your account credentials secure
• Notify us immediately of any unauthorized use

4. Service Engagement and Payment

4.1 Service Agreements

All services are provided under separate service agreements or statements of work that outline:

• Specific deliverables and timelines
• Service fees and payment terms
• Project scope and limitations
• Performance metrics and acceptance criteria

4.2 Payment Terms

• Payment terms are specified in individual service agreements
• All fees are quoted in Australian Dollars (AUD) unless otherwise specified
• Late payments may incur additional charges as outlined in service agreements
• Refunds are subject to the terms of specific service agreements

5. Intellectual Property Rights

5.1 Our Intellectual Property

Elite Systems AI owns or licenses all intellectual property in our:

• Website content, design, and functionality
• Proprietary methodologies and frameworks
• Software tools and platforms
• Training materials and documentation
• Trademarks, logos, and brand elements

5.2 Client Intellectual Property

• You retain ownership of your pre-existing intellectual property
• You grant us necessary licenses to provide our services
• Custom solutions developed for you are subject to separate agreements
• We respect confidentiality of your proprietary information

6. User Responsibilities and Conduct

6.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services for competitive intelligence

6.2 Content Responsibilities

You are responsible for:

• The accuracy and legality of data you provide
• Obtaining necessary permissions for data use
• Compliance with privacy and data protection laws
• Backing up your important data

7. Service Availability and Support

7.1 Service Availability

• We strive to maintain high service availability
• Planned maintenance will be communicated in advance when possible
• We are not liable for downtime beyond our reasonable control
• Service levels are defined in individual service agreements

7.2 Support Services

• Support terms are outlined in service agreements
• Business hours support: Monday-Friday, 9 AM - 5 PM ACDT
• Emergency support available for critical issues
• Support may be provided via email, phone, or WhatsApp

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Disclaimers and Limitations

9.1 Service Disclaimers

• Our services are provided "as is" without warranties of any kind
• We do not guarantee specific business outcomes or results
• Technology implementations may require ongoing maintenance and updates
• Third-party integrations are subject to external service limitations

9.2 Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the fees paid for the specific service
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for third-party service interruptions
• Force majeure events may affect service delivery without liability

10. Indemnification

You agree to indemnify and hold Elite Systems AI harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Confidentiality

Both parties agree to maintain confidentiality regarding:

• Proprietary business information
• Technical specifications and implementations
• Financial and commercial data
• Strategic business plans and objectives

12. Termination

12.1 Termination Rights

Either party may terminate services:

• For convenience with appropriate notice as specified in service agreements
• For cause, including breach of these Terms or service agreements
• Upon completion of contracted services

12.2 Effect of Termination

• Outstanding fees become immediately due
• Data return or deletion as specified in agreements
• Survival of confidentiality and intellectual property provisions
• Cessation of ongoing support and maintenance

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, government actions, war, terrorism, natural disasters, or global pandemics.

14. Governing Law and Jurisdiction

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

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith negotiations to resolve any disputes.

15.2 Mediation and Arbitration

If informal resolution fails, disputes may be resolved through:

• Mediation through a mutually agreed mediator
• Arbitration under Australian commercial arbitration rules
• Court proceedings as a last resort

16. Modifications to Terms

We may update these Terms from time to time. We will notify you of significant changes through:

• Email notifications to registered users
• Prominent notices on our website
• Direct communication for active service clients

Continued use of our services after changes constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Elite Systems AI regarding your use of our services.

19. Contact Information

For questions about these Terms or our services, please contact us:

20. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.