Terms of service

1. Agreement to terms#Link to this section

By accessing or using The GAiGE platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is operated by Digital Recreations Pty Ltd (ABN 19 668 879 356), trading as AiGILE Dev ("Company", "we", "us").

If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms. If you do not agree, do not use the Service.

2. About the Service#Link to this section

The GAiGE is a software-as-a-service (SaaS) platform for AI governance and adoption. It helps organisations decide how they use AI tools and measure how well those tools work: it keeps a record of each organisation's AI tools, decisions and policies, lets people ask about them, and collects feedback through short pulses and surveys. With the Standard plan, an organisation gets the Service's governance features; with the Pro plan, it also gets its adoption and measurement features. Our pricing page sets out what each plan includes.

The Service includes a web app (including each person's AI Adoption Portal), API, browser extension (for Chrome and Microsoft Edge), and email communications. People answer pulses and surveys in the web app, in the browser extension, or from a link sent by email. Some features use AI provided by Anthropic, as the "AI features" part of our Privacy Policy describes.

We send emails about your account and your use of the Service (such as trial reminders, billing notices, notices before deletion, reminders and weekly summaries), and the emails your organisation sends through the Service (such as invitations, survey and pulse links and their reminders, and messages from its Owners and Admins). We may also send your organisation's Owners and Admins emails about new features of the Service, and help and support emails; everyone else gets only the ones about product changes and new features that affect them. Each email about features, help and support has a link to unsubscribe, and we do not use them to sell to you.

3. Accounts and registration#Link to this section

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorised access to your account.
• One person or organisation may not maintain more than one account for the purpose of circumventing plan limits.
• You must be at least 18 years old to create an account for an organisation or to accept these Terms on its behalf, and at least 16 years old to use the Service.
• We use Clerk for authentication. By using the Service, you also agree to Clerk's terms of service.

4. Subscription plans and billing#Link to this section

• The Service offers paid subscription plans (Standard, Pro, Enterprise). Plan details, and the prices of Standard and Pro, are published on our pricing page. Enterprise is priced by agreement with you.
• Prices are in Australian dollars (AUD), US dollars (USD), pounds sterling (GBP) or euros (EUR), and you pay in the currency you choose before checkout. Your subscription stays in that currency for every later change. Prices are shown exclusive of GST. GST is added for organisations in Australia; organisations outside Australia pay the price shown.
• Standard and Pro are priced by band, for the number of people in your organisation who aren't deactivated, as our pricing page shows. If, at the end of a day, your organisation has more people than its band covers, we move it to the band that fits and charge the difference for the rest of the billing period. That charge isn't refunded if your number of people falls again. If you have fewer people by your next billing date, we move you down a band then.
• Onboarding sessions are optional: one of our team, or one of our partners, runs your rollout with you. Added at checkout, they are paid once, with your first payment, at the price on our pricing page.
• Payment is processed by Stripe. By subscribing, you agree to Stripe's terms.
• Paid subscriptions renew automatically unless cancelled before the end of the current billing period.
• We may change pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing period.
• Refunds: If you are dissatisfied with the Service within the first 14 days of a new paid subscription, contact us for a full refund. After 14 days, refunds are at our discretion. Contact help@thegaige.com.

5. Free trial#Link to this section

New organisations are eligible for a free trial of 30 days, for up to 200 people, with no credit card needed. Every trial starts on Pro, and an Owner can switch it to Standard, and back, while it runs. At the end of the trial, unless you have subscribed to a paid plan:

• Your organisation's account stops. Only billing, data downloads, deletion, support and signing in still work.
• We keep your organisation's data for 90 days after the trial stops, then delete it. Before we do, we email your organisation's Owners and Admins the date it will be deleted, as our Privacy Policy describes.
• You can subscribe at any time during the trial, or after it and before that date, to restore full access, with your data as it was.

We reserve the right to modify or discontinue the free trial at any time.

6. Acceptable use#Link to this section

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorised access to any part of the Service or its infrastructure.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to collect personal data about individuals without their knowledge or appropriate consent.
• Resell, sublicense, or redistribute the Service without our written permission.
• Submit false, misleading, or fraudulent feedback data with the intent to manipulate results.
• Use automated scripts or bots to access the Service, except through an API we provide to you for that purpose.

7. Data ownership and intellectual property#Link to this section

• Your data: You retain all ownership rights to data you and your team submit to the Service, including pulse responses, organisation details, and user information. We do not claim ownership of your content.
• Licence to us: You grant us a limited, non-exclusive licence to use your data solely to provide the Service, and to improve it using aggregated or de-identified information, the records our own servers keep of how organisations use the Service, and the answers your people give to the pulses we ask about the Service itself. This licence ends when you delete your account and your data retention period expires.
• Our property: We own all rights to the Service itself, including its design, code, algorithms, documentation, trademarks, and branding.
• Aggregated data: We may use anonymised and aggregated data (which cannot identify you, any individual, or your organisation) for research, benchmarking, and product improvement. This use survives termination of your account. Your organisation can opt out of contributing to the industry insights we publish, in Settings, as our Privacy Policy describes.

8. Browser extension#Link to this section

The GAiGE browser extension, for Chrome and Microsoft Edge, shows your organisation's decisions and policies about AI tools, answers questions about them in Ask, and brings you pulses. It requires certain browser permissions to do this. By installing the extension, you acknowledge that it:

• Reads the address of your open tabs and compares each site, on your device, with your organisation's list of AI tools. The address is never sent to us or saved.
• Displays pulses as overlays on web pages during your organisation's working hours, and when you start one.
• Shows a notice of your organisation's decision about an AI tool on that tool's pages, if you have allowed it to show pulses on all websites and haven't turned notices off.
• Stores data locally in your browser's storage on your device, including your sign-in, a copy of your organisation's decisions and policies, your pulses, answers and requests waiting to send, your requests and their answers, the notices you have seen, and your conversation in Ask. Our Privacy Policy lists all of it.
• Communicates with our API to fetch your pulses, your organisation's decisions and policies, and the answers to your requests, and to send your answers, your questions in Ask and your requests.
• Reports its version number, and whether it may show pulses on all websites, for support and compatibility purposes, and your time zone when it checks for pulses that are due.

The extension does not:

• Send us or save your browsing history or the addresses of pages you visit.
• Read page content, form inputs, passwords, cookies, or session tokens from other sites.
• Record keystrokes, mouse movements, or screenshots.
• Modify web page content beyond displaying its own pulses and notices.

9. Service availability#Link to this section

We strive to maintain high availability but do not guarantee uninterrupted or error-free access. We may temporarily suspend the Service for maintenance, updates, or security reasons. We will provide reasonable notice of planned downtime where possible.

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, express or implied, regarding the Service's fitness for a particular purpose, reliability, or accuracy of results.

10. Australian Consumer Law#Link to this section

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If any provision of these Terms is inconsistent with a mandatory statutory right, that provision is read down or severed to the extent necessary to give effect to the statutory right.

11. Limitation of liability#Link to this section

Subject to Section 10 (Australian Consumer Law), and to the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising from your use of (or inability to use) the Service.
• Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months immediately preceding the event giving rise to the claim.
• We are not liable for the acts or omissions of third-party service providers (including Clerk, Stripe, and AWS), though we will use commercially reasonable efforts to select and monitor reliable providers.

12. Indemnification#Link to this section

You agree to indemnify and hold harmless the Company and its directors, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service in breach of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any rights of a third party.
• Data you submit to the Service that infringes the rights of others.

13. Termination#Link to this section

• By you: You may cancel your subscription at any time through Settings or by contacting us. Access continues until the end of your current billing period. No partial-period refunds unless covered by Section 4.
• By us: We may suspend or terminate your account if you materially breach these Terms. We will provide reasonable notice and an opportunity to remedy the breach where possible, unless the breach involves illegal activity, fraud, or poses a security risk.
• Effect: Upon termination, your right to use the Service ceases, apart from billing, data downloads, deletion, support and signing in. A paid subscription also ends in this way if a payment still fails after Stripe's last retry. We keep your organisation's data for 180 days after a paid subscription ends, then delete it, once we have emailed your organisation's Owners and Admins the date it will be deleted. A trial that ends without a subscription is covered by Section 5. Subscribing before the deletion date restores access, with your data as it was.

14. Dispute resolution#Link to this section

If a dispute arises from these Terms or your use of the Service, both parties agree to first attempt to resolve it in good faith through informal discussion. Either party may initiate this by sending a written notice describing the dispute to the other party's contact address.

If the dispute is not resolved within 30 days, either party may commence formal legal proceedings. Nothing in this section prevents either party from seeking urgent interlocutory relief.

15. Force majeure#Link to this section

Neither party is liable for failure or delay in performing obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, pandemics, war, terrorism, government actions, power or internet outages, or failures of third-party infrastructure providers.

16. Governing law#Link to this section

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

17. Changes to these Terms#Link to this section

We may update these Terms from time to time. We will notify you of material changes by email or through a notice on the platform at least 30 days before the changes take effect. This version of these Terms takes effect when we publish it. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

18. General#Link to this section

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

Contact us#Link to this section

Digital Recreations Pty Ltd (ABN 19 668 879 356)
Trading as AiGILE Dev
2 Ada Avenue, Brookvale NSW 2100, Australia
Phone: 1300 93 44 06
Email: help@thegaige.com