Introduction

These End User Terms of Service (“Terms”) govern your access to and use of the Company platform, website, and user-facing services (the “Services”).

By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Services.

How to read these Terms

When we use the words “we”, “us”, “our”, or “BlueNexus” in these Terms, we are referring to BlueNexus as a company and the people who operate it.

This does not include automated processing performed by the platform itself.

While the platform may process your data (including encrypting or decrypting it) in order to provide the Services, BlueNexus team members do not have access to your decrypted content or encryption keys unless you explicitly provide access for support, troubleshooting, compliance, or lawful purposes.

1. Who These Terms Apply To

These Terms apply to individuals using the Services through:

• a personal account you create directly; or
  
• a Developer-Managed Account, where an organisation (such as an employer or developer of an application you are using) has provisioned or manages your access.

These Terms do not apply to:

• API access
  
• software development using the Services
• application integration
  

• use of the Services on behalf of a business
  
  

Those activities are governed by the Developer Terms of Service or a separate Enterprise Agreement. If these Terms conflict with the Developer Terms or an Enterprise Agreement, the Enterprise Agreement prevails, then the Developer Terms, then these Terms.

2. Eligibility

You must be at least:

• 13 years old in the United States and Australia
  
• 15 years old in South Korea
  
• 16 years old in the EU/UK
  
  

If you are under the applicable minimum age, you may only use the Services with the consent of a parent or legal guardian. Some features (including Personal Accounts with encryption key control) may require you to be 18 years or older.

3. Types of Accounts

3.1 Personal Account

A Personal Account is an account you create for your own use. You control the permissions, data you upload, and the settings for your account.

Where the Services allow you to manage encryption keys or permissions, those controls apply only within the Services and do not make you a “data controller” under privacy laws when using the Services for personal or household activities.

3.2 Developer-Managed Account

If an organisation (such as a developer, employer, educational institution, or service provider) creates or manages your account, that organisation may:

• reset or manage your credentials
  
• determine access permissions
  
• suspend or terminate your access
  
• determine data retention settings
  
• access certain information about your account use
  
  

The organisation is responsible for providing notices and obtaining permissions required for your use of the Services through such an account.

Where an account is a Developer-Managed Account, the organisation that creates or manages the account determines how and for what purposes personal data is processed through that account and is responsible for its compliance obligations under applicable privacy laws.

To the extent permitted by law, BlueNexus does not control, monitor, or assume responsibility for the organisation’s configuration, management, or handling of personal data within a Developer-Managed Account, including decisions relating to access, retention, or use.

BlueNexus is not responsible for any misuse, unauthorised access, or data breach arising from the organisation’s configuration, management, or use of a Developer-Managed Account.

4. Additional Terms and Policies

Your use of the Services is subject to:

• the Privacy Policy
  
• any feature-specific guidelines or notices we provide

These Terms do not incorporate our Data Processing Agreement.

The DPA applies only to developers, enterprise customers, or organisations using the Services for business purposes.

5. Your Responsibilities

You must:

• keep your login credentials secure
  
• use the Services in accordance with applicable laws
  
• comply with these Terms, the Privacy Policy, and all usage guidelines
  
• only upload or input content you have the right to provide
  
• notify us immediately if you believe your account has been compromised
  
  

If you are using a Developer-Managed Account, your organisation may impose additional requirements.

6. Acceptable Use

You may not, and must not attempt to:

6.1 Harm the Services or Others

• access the Services in a manner that circumvents technical limits
  
• probe, scan, or test system vulnerabilities
  
• interfere with or disrupt the Services
  
• upload malware or harmful code
  
• engage in fraudulent, deceptive, or abusive activities
  
  

6.2 Misuse the Services

• use the Services for illegal activities
  
  
• violate privacy or data protection laws
  
  
• harvest or scrape data without permission
  
  
• impersonate others
  
  
• misrepresent outputs as human-generated if prohibited by law
  
  

6.3 Misuse AI Outputs

• generate content intended to deceive or harm individuals
  
  
• generate or distribute unlawful content
  
  
• use the Services to develop competing foundation models or datasets without permission
  
  

We may suspend or terminate accounts that violate these restrictions.

6.4 Rate Limiting

To protect the availability, security, and integrity of the Services, BlueNexus may impose, modify, or enforce reasonable usage limits, throttling, or rate limits from time to time. Such limits may apply automatically and may vary based on usage patterns or service tiers.

7. Content You Provide

7.1 Your Content

You may upload, submit, or generate content (“User Content”). You retain ownership of your User Content.

You grant us a limited, non-exclusive, revocable licence to process User Content solely:

• to provide the Services to you
  
• to maintain and secure the platform
  
• to comply with law

We do not use your content to train models unless you explicitly enable or request that feature.

7.2 Developer-Managed Accounts

If your account is managed by an organisation, that organisation determines:

• what User Content you may upload
  
• how your User Content is processed
  
• whether User Content is retained or deleted

8. Service Changes

We may update, modify, or discontinue aspects of the Services from time to time, including features, interfaces, or availability.

Where feasible, we will notify you of material changes.

9. Third-Party Services

The Services may enable access to third-party websites, applications, or AI models (“Third-Party Services”).

We are not responsible for:

• the content, accuracy, availability, or behaviour of Third-Party Services
  
• changes made by third-party providers
  
• obligations arising from your relationship with a third-party provider
  
  

You are responsible for reviewing applicable third-party terms and privacy notices.

10. Subscriptions, Fees, and Refunds

If the Services include paid features:

• prices and billing periods will be presented at the point of purchase
  
• subscriptions renew automatically unless cancelled
  
• you may cancel your subscription at any time through your account settings
  
  

Refunds

To the extent required under the Australian Consumer Law (ACL) or other mandatory laws, you are entitled to a repair, replacement, or refund for major failures or services not performed with due care and skill.

Where permitted by law, fees are otherwise non-refundable.

11. Suspension and Termination

We may suspend or terminate your account:

• if you breach these Terms
  
• if required by law
  
• to prevent harm, fraud, or misuse
  
• if your Developer-Managed Account administrator requests it
  
  

You may stop using the Services at any time.

Upon termination:

• your access will end immediately
  
• certain log or audit information may be retained as permitted by law and described in the Privacy Policy
  
• we are not required to retain or return User Content unless required under mandatory law

Upon termination or suspension of your account, BlueNexus will delete or irreversibly de-identify your personal data associated with the account in accordance with our data retention practices, except where retention is required by law, for security, dispute resolution, audit, or compliance purposes.

Once deleted in accordance with these practices, such data is not accessible through the Services and is not recoverable by you.

12. Intellectual Property

All rights in the Services (including software, models, interfaces, and documentation) are owned by us or our licensors.

You receive a personal, limited, revocable, non-transferable licence to access and use the Services solely for personal use.

You may not:

• copy, modify, or distribute the Services
  
• reverse-engineer or attempt to extract source code
  
• use the Services to develop competing models or datasets
  
• use any branding, logos, or marks without permission
  
  

13. Disclaimer of Warranties

To the maximum extent permitted by law:

• the Services are provided “as is” and “as available”
  
• we do not warrant that the Services will be uninterrupted, error-free, or secure
  
• no information or advice creates any warranty unless explicitly stated in writing

You are responsible for maintaining appropriate backups of your data and content used in connection with the Services. Except to the extent required by mandatory law, BlueNexus is not responsible for any loss, corruption, or unavailability of data arising from your use of the Services.

Nothing in this section limits rights you may have under mandatory consumer protection laws, including the Australian Consumer Law.

14. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential loss
  
• Our total aggregate liability arising out of or relating to the Services is limited to the greater of:
  
  (a) the amount you paid (if any) in the 12 months before the claim, or
  
  (b) AUD $100

Nothing in these Terms excludes, restricts, or modifies rights or remedies you may have under the Australian Consumer Law (ACL) or other non-excludable laws.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Disputes arising under these Terms will be resolved exclusively in the courts of New South Wales, unless an overriding Enterprise Agreement provides otherwise.

16. Contact Us

If you have questions, concerns, or requests, you can contact us at:

BlueNexus Tech Pty Ltd
81–83 Campbell StreetSurry Hills, NSW 2010Australia
Email: legal@bluenexus.ai
Website: https://bluenexus.ai/