Ernie AI Terms of Service

Last Updated: Nov 16, 2025

1. About Us and Scope

These Terms govern your use of the Ernie AI website and all related products and services provided by Ernie AI Pty Ltd (ACN: 692 665 099), a company registered in Queensland, Australia (“Ernie AI”, “we”, “us”, “our”).

By accessing our website, creating an account, or using any Service, you agree to these Terms.

If you use our Services on behalf of a business, you confirm you have authority to bind that business to these Terms.

2. Definitions

Account – your registered account.
Customer / you – the person or entity using the Services.
Customer Data – data or content you or your End Users provide, including chatbot conversations.
End User – anyone who interacts with your chatbot.
Output – content generated by the chatbot.
Services – the Ernie AI chatbot platform, website, APIs, and related features.
Service Data – logs, diagnostics, and telemetry created to run and improve the Services.
Subprocessor – a third-party provider we engage (for example AWS or OpenAI).

3. Eligibility and Account Security

You must be 18 or older and use the Services only for lawful business purposes.

Our Services are provided for business use only. By using the Services, you confirm you are not using them as a consumer for personal, domestic, or household purposes.

Provide accurate information, protect your credentials, and tell us promptly about unauthorised access.

You’re responsible for all actions under your Account.

4. Licence and Acceptable Use

We grant you a limited, non-exclusive, non-transferable licence to use the Services for your internal business use.

You must not, and must not allow anyone else to:

  • break any law or infringe any rights

  • copy, modify, translate, reverse-engineer, or resell the Services

  • bypass or try to bypass security or technical limits

  • mislead people by presenting AI Output as human where this would cause confusion

  • upload or transmit unlawful, harmful, defamatory, or discriminatory content

  • use the Services from or for any DFAT-sanctioned country or party

  • use the Services to make decisions that create legal, financial, medical, safety, or employment effects on a person without proper human review

  • use the Services for illegal, harmful, deceptive, or fraudulent activity

You must use the Services in a lawful, respectful, and responsible way.

5. Your Responsibilities

You are responsible for all activity under your Account, including by your employees, contractors, and End Users.

You are solely responsible for:

(a) the accuracy, quality, and legality of Customer Data,

(b) how you configure and use the Services,

(c) how you interpret, review, and act on any Output, and

(d) compliance with all laws that apply to your business and your End Users, including privacy, spam, employment, consumer, and data-protection laws.

When you integrate the Services into your website or platform, you must inform End Users that their data and conversations may be stored and processed by Ernie AI as part of their interaction with you.

If your use of the Services causes or contributes to any claim, investigation, loss, or damage, you agree to defend, indemnify, and hold us harmless in accordance with these Terms.

6. Privacy and Data Handling

Our Privacy Policy explains how we handle personal information and forms part of these Terms.

For Customer Data, we act as a processor (or service provider) to you. You are responsible for complying with your privacy and data protection obligations in relation to Customer Data.

For Service Data, we act as a controller. We may collect and use Service Data to operate, secure, and improve the Services and our business.

Data is encrypted in transit and at rest. Customer Data is primarily stored in Australian data centres, however some processing may occur in other locations through our subprocessors.

Chatbot conversation data is retained only for as long as needed for operational, diagnostic, security, and product-improvement purposes, after which it is deleted or de-identified in line with our data-retention practices.

The chatbot embed does not use cookies. Our website may use cookies and telemetry for analytics and performance.

You must give any legally required privacy notices to your End Users and obtain any consents required under privacy, data protection, and spam laws for your use of the Services.

7. Subprocessors and Third Parties

We engage trusted subprocessors such as AWS and OpenAI under contracts requiring equivalent privacy and security safeguards.

We can’t control Internet performance or the availability of our providers.

The Services may be interrupted by network failures, outages, or other issues outside our control.

8. Intellectual Property

  • Customer ownership: You own Customer Data and Outputs, subject to third-party rights.

  • Ernie AI ownership: We own all IP in our APIs, platform, tools, software, infrastructure, models, code, features, branding, and documentation.

  • Limited licence: You grant us a worldwide, royalty-free licence to host, process, and transmit Customer Data solely to operate and support the Services.

  • Aggregated data: We may use de-identified or aggregated data (in compliance with APP 11.1) to improve performance and security.

  • Feedback: You grant us a perpetual, royalty-free licence to use feedback and consent to any act that would otherwise infringe your moral rights under the Copyright Act 1968 (Cth).

  • Reservation: All rights not expressly granted remain reserved. Nothing transfers ownership.

9. Fees, Price Changes, and Payment

Fees are in AUD, exclusive of GST, and billed per your plan.

Subscriptions renew automatically unless cancelled before renewal.

As we grow and improve our Services, prices may change. We’ll give at least 30 days’ notice before any change takes effect.

If you don’t pay on time, we may pause or restrict access until payment is received.
Interest may accrue at the maximum rate permitted by law.

Refunds are given only where required under the Australian Consumer Law (ACL).

You are responsible for all applicable taxes, duties, and charges, excluding our income tax. Where required, GST will be added to our Fees.

You must not withhold, set off, or delay payment of any undisputed Fees.

If you dispute an amount, you must notify us within 14 days of the invoice date and pay any undisputed portion.

Refunds are only provided where required under the Australian Consumer Law or these Terms.

10. Service Availability and System Safety

We aim for reliable uptime but provide the Services “as is” and “as available.”

Maintenance or outages may occur. We’re not responsible for issues caused by your internet provider, hardware, or third-party platforms.

We’re not responsible for any damage or data loss to your computer systems.

Keep backups and up-to-date software, and use caution when downloading or sharing data.

11. AI Output Disclaimer

The Services generate Output using probabilistic models. Output may be inaccurate, incomplete, offensive, or inappropriate, and may not reflect current information.

Output is not professional advice. It does not replace your own judgment or the advice of a qualified professional.

You are responsible for putting reasonable checks in place before you rely on or act on Output. 

You must not use Output as the only basis for decisions that may have legal, financial, medical, safety, or other significant effects on any person.

12. Warranties and Consumer Rights

Nothing limits any non-excludable rights under the ACL.

Where permitted, our liability for breach of an implied warranty is limited to resupply of the 

Services or payment of the cost of resupply.

13. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

To the maximum extent permitted by law:

(a) our total aggregate liability for all claims arising in any 12 month period, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of: AUD 100, or the fees you paid to us for the Services in that 12 month period; and
(b) we are not liable for any:

  • loss of profit, revenue, or opportunity,

  • loss of data,

  • business interruption, or

  • indirect, consequential, special, or punitive loss.

The limitations in this clause apply to all claims in connection with the Services or these Terms, even if we have been advised of the possibility of such loss.

14. Indemnity and Claims Handling

You indemnify Ernie AI and its directors, officers, employees, and contractors against all loss, cost, liability, damage, and expense (including reasonable legal fees) arising from:

(a) your breach of these Terms or of any applicable law,

(b) any claim that your Customer Data, your use of the Services, or any Output you use or rely on infringes rights, is unlawful, or causes harm, or

(c) your breach of the Spam Act 2003 (Cth) or sanctions laws.

We will:

(a) notify you of any claim that is subject to indemnity under this clause,

(b) allow you to conduct the defence and settlement of the claim, and

(c) provide reasonable cooperation at your cost.

We may participate in the defence with our own counsel at our own cost. You must not settle any claim on our behalf without our prior written consent.

15. Termination and Discontinuation

You may cancel at any time through your Account.

We may suspend or terminate for breach, non-payment, unlawful use, or if we discontinue the Services for business, legal, or technical reasons.

If we permanently discontinue the Services, we’ll give reasonable notice and refund prepaid unused fees where required by law.

On termination:

  • Access stops immediately.

  • You may export Customer Data for 30 days.

  • We delete Customer Data within 60 days (subject to legal retention).
    Each party must reasonably cooperate in any security-incident investigation.

We may provide free, trial, or beta access to some features. We can limit, suspend, or end any free, trial, or beta access at any time without notice and without liability, except to the extent required by law.

Except as required by law, we are not liable to you for any loss arising from suspension, termination, or discontinuation of the Services in accordance with these Terms.

The following clauses survive termination or expiry of these Terms: clauses 5 (Your Responsibilities), 6 (Privacy and Data Handling), 8 (Intellectual Property), 11 (AI Output Disclaimer), 12 (Warranties and Consumer Rights), 13 (Limitation of Liability), 14 (Indemnity and Claims Handling), 17 (Force Majeure), 18 (Governing Law and Disputes), and any other clause which by its nature is intended to survive.

16. Changes to the Services or Terms

The Services may change or end at any time. We may add, remove, or modify features.

For material changes or pricing updates, we’ll give 30 days’ notice. Continued use after that means acceptance.

17. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including outages, cyber-attacks, or supplier failure.

Payment obligations are excluded from this relief.

18. Governing Law and Disputes

These Terms are governed by the laws of Queensland, Australia.

Disputes will be resolved in Queensland courts after good-faith discussions or mediation within 30 days.

19. General

Entire agreement. These Terms, our Affiliate Program Terms and Conditions and our Privacy Policy form the entire agreement between you and us about the Services and replace any prior agreements or understandings.

Assignment. You must not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights or obligations at any time, including as part of a sale of our business.

Subcontracting. We may use subcontractors and subprocessors to perform our obligations. We remain responsible for their acts and omissions.

Severability. If any part of these Terms is held invalid or unenforceable, the remaining parts stay in full force.

No waiver. A failure or delay to exercise a right under these Terms does not operate as a waiver of that right.

Relationship. Nothing in these Terms creates a partnership, joint venture, or employment relationship between you and us.

20. Contact

Ernie AI Pty Ltd
support@heyernie.ai