Terms of Service.

1. Agreement to terms.

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.

The GAiGE is a software-as-a-service (SaaS) platform that helps organisations measure the effectiveness of their AI tools through short feedback pulses delivered via a Chrome browser extension. The Service includes a web-based dashboard, API, Chrome extension, and transactional email communications.

3. Accounts and registration.

• 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 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.

• The Service offers paid subscription plans (Lite, Standard, Pro, Enterprise). Plan details and pricing are published on our pricing page.
• All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable.
• 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 support@thegaige.com.

5. Free trial.

New accounts are eligible for a 14-day free trial of paid features. During the trial, you have access to Standard-level functionality. At the end of the trial:

• Access to paid features is paused unless you subscribe to a paid plan.
• Your data is preserved in read-only mode for 90 days.
• After 90 days, data may be permanently deleted.
• You can subscribe at any time during or after the trial to restore full access.

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

6. Acceptable use.

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 our published API.

7. Data ownership and intellectual property.

• 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 for the purpose of providing and improving the Service. 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.

8. Chrome extension.

The GAiGE Chrome extension requires certain browser permissions to deliver feedback pulses. By installing the extension, you acknowledge that it:

• Displays feedback pulse popups as overlays on web pages during your configured working hours.
• Stores authentication tokens and scheduling data locally in Chrome storage on your device.
• Communicates with our API to fetch pulse schedules and submit your responses.
• Reports its own version number for support and compatibility purposes.

The extension does not:

• Collect or transmit your browsing history or URLs visited.
• 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 popup overlay.

9. Service availability.

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.

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.

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.

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.

• 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. Your data is retained in read-only mode for 90 days to allow for export, after which it may be permanently deleted.

14. Dispute resolution.

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.

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.

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.

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. 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.

• 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.