Terms of Service Agreement
Our Terms and Conditions were last updated on 16/1/2024.
Please read them carefully before using Our Service.
Article 1: Introduction
GFM Automation PTY LTD., (“GFM Automation,” “Company,” “us,” or “we”), provides our SaaS product SABINA ("Sabina"), and the websites under the sabina.com.au domain (collectively, the “Sites”), and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Service in any way, you are agreeing to comply with these Terms of Service, our privacy policy found here (“Privacy Policy”), and any other legal notices or conditions or guidelines posted on the Sites.
If you have questions regarding this Agreement, SABINA, or GFM Automation PTY LTD, please contact us by email at support@gfmautomation.com.au.
Article 2: Acceptance of Terms
By accessing or using the services provided by SABINA, you agree to be bound by these Terms and Conditions. If you do not agree with all of the terms, please do not use our Service or our Sites.
In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in the Terms of Service. By using the Service or accessing the Sites, you agree to the Terms of Service, the Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.
Our Service may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time; your use of such Service is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Sites or the Service itself. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Article 3: Eligibility
The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a company or other legal entity.
Article 4: Description of Services
SABINA is an AI assistant that facilitates the process of obtaining quotes and handling bookings for businesses. The accuracy and availability of the information provided by SABINA may be subject to limitations as stipulated in section 16 “Artificial Intelligence Disclaimer”.
Article 5: User Conduct
You agree not to use SABINA for any unlawful or prohibited activities and to comply with all applicable laws and regulations.
Article 6: Deliberate Misuse
Deliberate misuse of our services and products may incur extra fees on our clients and may cause us to terminate our client’s subscription at any time.
Misuse includes, but is not limited to:
1- Using Sabina for recreational purposes
2- Using Sabina for purpose other than those strictly and directly related to your business activities
3- Using Sabina to reverse engineer the product and/or service provided
4- Chatting/connecting/using Sabina with the intent to block the service, or render it unusable for the client or for others.
5- On-selling of the services or products provided by us.
6- Allowing other businesses or users to use our services and/or products
7- Any other illegitimate uses or connections to Sabina.
8- Leakage of data and/or passwords whether deliberate or by wilful negligence
Article 7: Quotes and Bookings made through SABINA
SABINA provides quotes and booking assistance based on the information provided by users. It is your responsibility as the owner of the business to verify the accuracy of the information with customers. Quotes provided by SABINA are not legally binding and we shall take no responsibility for any errors or omissions in quotes caused by the use of SABINA, other than to improve the service for future uses.
Article 8: Limitation of Liability
GFM AUTOMATION PTY LTD and its affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services. If an error has occurred through the correct use of the software incurring a loss of monies by the client, GFM AUTOMATION PTY LTD may provision the client with credits towards their SABINA subscription completely at the discretion of GFM AUTOMATION PTY LTD. The maximum credit amount which can be provisioned within any 12 month period is equivalent to six months of the client’s monthly subscription payments.
We will strive to keep all products and services running and will do our best to solve any issues that may arise. However, outages to our services and products may occur from time to time and we do not take responsibility for income lost customers lost, or potential customers lost because of any such issues or outages beyond making sure that our services are returned to working condition as soon as is reasonably achievable and is within our capability.
We do not take responsibility for the failure of third-party apps or services that may experience outages beyond our control and we do not take responsibility for income lost or clients lost because of any such issues or outages.
Privacy Policy
Article 9: Information Collected
SABINA may collect personal and non-personal information to provide its services. This may include, but is not limited to, name, contact information, booking details, and chat transcripts. This is to provide our customers with the best service and to facilitate troubleshooting activities.
Article 10: Use of Information
The information collected may be used to provide and improve our services, customize content, and communicate with you. SABINA will not sell, rent, or share your personal information with third parties, except as required by law.
Security
SABINA employs reasonable security measures to protect the information collected. However, no method of transmission over the internet or electronic storage is completely secure, and SABINA cannot guarantee absolute security.
Article 11: Third-Party Links
Our services may contain links to third-party websites. SABINA is not responsible for the privacy practices or content of these websites.
Article 12: Changes to Privacy Policy
SABINA reserves the right to modify this Privacy Policy at any time. Changes will be effective immediately upon posting on our website.
Article 13: Security Safeguards
You will use all reasonable efforts to protect information collected from end users via your use of the Services, including any personal information obtained from unauthorized access or use. In the event you discover that the end user information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify GFM Automation promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.
Payments and Billing
Article 14: Billing and Payment
Users of the Service may be required to provide their credit card details to Company or the payment service provider retained by us (the “PSP”). Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes required to be paid on the Service provided under the Agreement (other than taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
All payment plans, without limitation, whether on a monthly or yearly basis, are paid in advance and are non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Disclaimers
Article 15: Disclaimer of Warranties and Limitation of Liability
Disclaimer THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GFM AUTOMATION PTY LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY GFM AUTOMATION ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GFM AUTOMATION PTY LTD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GFM AUTOMATION PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Article 16: Artificial Intelligence Disclaimer
GFM Automation’s artificial intelligence technology and features, if enabled, automatically generates content (via OpenAI’s GPT) and communicates such content to you and anyone who uses your bot (your “end user(s)”) upon specific events and interactions with your end users (i) on GFM Automation’s platform (without limitation, internal testing and prototyping) or (ii) in a production environment (without limitation, your organization’s, product’s, or website’s chatbot or conversation channel with customers) (the “AI-Enabled Technology”).
You may not use Sabina or output (“AI Content”): (i) to develop foundation models or other large-scale models that compete with GFM Automation or the AI-Enabled Technology; (ii) to mislead any person that output from the Service was solely human-generated; (iii) in a manner that violates any technical documentation, usage guidelines, or parameters; (iv) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; or (v) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.
You are solely responsible for your AI Content, including compliance with applicable laws and these Terms. Other users providing similar input to Sabina may receive the same or similar output. Responses received by other users are not your AI Content. Any reliance on the content generated by Sabina is solely at your own risk. Sabina and all content provided by it are provided on an “as-is” and “as available” basis. GFM Automation does not give any warranties, whether express or implied, as to (i) the suitability or usability of Sabina or any of its content; or (ii) the accuracy, adequacy, validity, reliability, availability or completeness of any content generated by Sabina.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, GFM AUTOMATION PTY LTD SHALL BEAR NO LIABILITY WHATSOEVER FOR (i) USE OF THE AI-ENABLED TECHNOLOGY; (ii) ITS CONTENT; AND (iii) ANY AND ALL INACCURACIES, ERRORS, OMISSIONS AND PROBLEMS OF THE CONTENT GENERATED BY SABINA.
Article 17: Contacting Emergency Services
Services cannot be utilized for contacting emergency services or obtaining immediate emergency assistance. In the event of an emergency, it is crucial to immediately contact the appropriate emergency services in your jurisdiction or seek direct assistance from local authorities. The Services are not to be relied upon as any means of alerting emergency responders or obtaining timely help during life-threatening situations. You acknowledge and agree that GFM Automation shall not be held liable for any consequences, damages, or losses arising from the inability to use the Services for emergency communication or for any reliance placed on the Services during emergency situations.
Article 18: Amendments, Notification Procedures, and changes to the Agreement
We reserve the right, at our sole discretion, to modify, update, or change the Terms of Service ("Updated Terms") from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. GFM Automation is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. GFM Automation may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by GFM Automation in our sole discretion. GFM Automation reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contacting us at support@gfmautomation.com.au. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
Article 19: Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and GFM Automation agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to GFM Automation. GFM Automation’s address for such notices is GFM Automation PTY LTD, 45 Lawson Street, Lalor Park, 2147 NSW.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and GFM Automation agree that any arbitration will be limited to the Dispute between GFM Automation and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GFM Automation ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and GFM Automation otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.