Terms of service

These terms apply to your use of Member.Ask (“member.ask”, the “service”), operated by Hiaitus Pty Ltd (ABN 54 689 502 832), trading as Member.Ask, Level 9, 50 Clarence Street, Sydney NSW 2000, Australia (“we”, “us”). By using the service you agree to them on behalf of yourself and the organisation you use it for (“you”). If you do not agree, do not use the service.

1. The service

Member.Ask lets you build an AI chat assistant for your website from your own content: pages we crawl from your site, documents you upload, and documents you import from a Google Drive folder you connect. You embed the assistant on your website with a script tag, and your staff can review conversations and take them over.

We may change, add or remove features. We will give you reasonable notice of a change that materially reduces the service.

2. Accounts

• Accounts are created by us or by your organisation's administrator. Keep sign-in details secure, and tell us promptly at contact@hiaitus.ai if you think an account has been misused.
• You are responsible for what happens under your organisation's accounts, and for the people you give access to.

3. Fees

Fees, if any, are those agreed in writing with us. Unless we agree otherwise, fees are payable in Australian dollars, are exclusive of GST, and are due within 14 days of invoice. We may suspend the service if fees remain unpaid 30 days after we tell you they are overdue.

3a. Order forms

If you sign an order form or written proposal with us, it forms part of these terms. Where it sets a minimum term, a fixed or locked fee, or anything else that differs from these terms, the order form applies to the extent of the difference.

4. Your content

• You keep ownership of the content you give us, including website pages, uploaded documents, documents imported from Google Drive, and conversations on your website (“your content”).
• You give us permission to store, copy, process and display your content only as needed to provide the service to you, including sending it to the AI providers listed in our privacy policy.
• You confirm you have the rights and consents needed for us to use your content this way, including any personal information in it, and that your website tells its visitors about the chat assistant as the law requires.
• The assistant may quote your content to anyone who visits your website. Do not give it content you do not want published.

5. Google Drive

If you connect a Google Drive folder, you give Member.Ask read-only access to your Google Drive and we import the PDFs in that folder, as described in the Google user data section of our privacy policy. Your use of Google Drive remains subject to Google's own terms. You can disconnect the folder in the dashboard, or remove our access from your Google Account, at any time.

6. AI-generated answers

Answers are generated by AI models from your content and can be incomplete or wrong. They are not professional advice. You are responsible for reviewing how the assistant answers on your website, and for the content it draws on. You can correct answers with trained answers (answers your staff write to correct or replace what the assistant says), and hand conversations to a person.

7. Acceptable use

You must not use the service to:

• break the law, or infringe anyone's rights, including privacy and intellectual property rights;
• publish content that is misleading, defamatory, hateful or harmful;
• crawl or import content you are not entitled to use;
• interfere with, overload or try to gain unauthorised access to the service or another customer's data; or
• resell the service, or use it to build a competing product, without our written agreement.

We may suspend access that breaches these terms or puts the service or other customers at risk. Where reasonable, we will tell you first and give you a chance to fix it.

8. Our intellectual property

We own the service, its software and its branding. Other than the right to use the service under these terms, nothing in them gives you any rights in it. If you send us feedback, we may use it without obligation to you.

9. Privacy and security

Our privacy policy explains how we handle personal information. We take reasonable steps to protect your content, including encryption in transit and at rest and separation of each customer's data.

9a. Personal information we handle for you

• When we handle personal information in your content or in conversations on your website, we do so on your behalf and only to provide the service to you.
• We only share it with the service providers listed in our privacy policy. We will tell you at least 30 days before we add or replace a provider that handles your content.
• If we become aware of unauthorised access to, or loss of, your content or personal information we hold for you, we will tell you without undue delay and in any case within 72 hours, and help you meet your own obligations, including under the Notifiable Data Breaches scheme.
• When your account is closed, we delete your content as set out in section 10.

10. Ending the service

• You may stop using the service at any time by asking us to close your account. If your order form sets a minimum term, fees for the rest of that term remain payable.
• We may end the service for you on 30 days' notice (but not during a minimum term in your order form, unless you materially breach these terms), or immediately if you materially breach these terms and do not fix the breach within 14 days of our notice.
• When an account is closed, its content and accounts are deleted immediately and cannot be recovered, except that they remain in our encrypted backups for up to 7 days. Analytics data is kept for up to 12 months, as our privacy policy describes. Export anything you need before you ask us to close it.
• Sections 4, 8, 9a, 11, 12 and 14 survive the end of these terms.

11. Warranties and the Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or another law that cannot be excluded. Subject to that, the service is provided “as is”, and we do not promise that it will be uninterrupted or error-free, or that answers will be accurate.

12. Liability

• To the extent the law allows, our total liability arising from or in connection with the service or these terms is limited to the fees you paid us for the service in the 12 months before the event giving rise to the claim.
• Where the Australian Consumer Law lets us limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.
• To the extent the law allows, neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill.

13. Your responsibility for your content

You agree to compensate us for any claim by a third party arising from your content, or from your use of the service in breach of these terms, except to the extent we caused it.

14. General

• These terms are governed by the law of New South Wales, Australia, and each of us submits to the non-exclusive jurisdiction of its courts.
• We may update these terms by posting a new version here with a new effective date. For a material change we will give customers at least 30 days' notice. Continuing to use the service after the change takes effect means you accept it. An update does not change a fixed or locked fee in a signed order form.
• You may not transfer these terms without our written agreement. We may transfer them to a buyer of our business, or a related company, if we tell you first. We may use subcontractors and service providers, and we remain responsible for them.
• If any part of these terms is unenforceable, the rest still applies.
• Notices to us go to contact@hiaitus.ai; we will send notices to you at your account email address.