Terms of Service

Effective date: 24 March 2026

1. Agreement

These Terms of Service ("Terms") are a legal agreement between you ("Customer", "you") and Norbrik Pty Ltd (ABN 70 600 064 631) ("Company", "we", "us"), an Australian company, governing your access to and use of the Business Process Automate platform ("BPA", "the Platform"), including all associated services, APIs, and documentation.

By creating an account or using BPA, you agree to these Terms. If you are using BPA on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Definitions

• "Team": a workspace within BPA associated with a billing account
• "Customer Data": all data uploaded, created, or stored by you or your users within BPA, including entity records, form submissions, workflow definitions, files, and AI configurations
• "AI Features": AI Studio, AI agents, knowledge packs, AI memory, and any LLM-powered functionality within BPA
• "BYOK", Bring Your Own Key, a feature allowing you to use your own LLM provider API keys
• "Plan": your selected service tier (Free, Pro, Business, or Enterprise)

3. Account and Access

3.1 Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

3.2 Team Administration

Team administrators are responsible for managing user access, roles, and permissions within their team. You are responsible for ensuring that only authorised individuals have access to your team's data.

3.3 Age Requirement

You must be at least 16 years of age to use BPA. By using the platform, you confirm that you meet this requirement.

4. Service Plans and Quotas

4.1 Plans

BPA is offered in the following tiers:

• Free: 2 users, 100 entity records, 10 process runs/month, AI features via your own API key (BYOK), 100 MB storage, 30-day audit retention
• Pro ($149 AUD/team/month): 5 users, 10,000 entity records, 100 process runs/month, $10 AUD AI credits/month + top-up, 10,000 LLM calls/month, 1 GB storage, 90-day audit retention
• Business ($499 AUD/team/month): 25 users, 100,000 entity records, 1,000 process runs/month, $75 AUD AI credits/month + top-up, 100,000 LLM calls/month, 50 GB storage, 1-year audit retention
• Enterprise (custom pricing), Unlimited users and resources, custom AI credits with volume discounts, SSO (SAML/OIDC) + SCIM, dedicated instance or self-hosted option, 99.9% SLA with 4-hour response, dedicated customer success manager

All plans include the full feature set. We do not gate features by tier: only usage quotas differ.

4.2 Quotas and Overages

Each plan includes defined usage limits. If you approach or exceed your plan's limits:

• We will notify you via the platform or email
• We may temporarily restrict the affected capability (e.g., pause new process runs) until you upgrade or the next billing cycle begins
• We will not delete your existing data due to quota overages

4.3 Billing

Paid plans are billed monthly or annually in advance. Prices are in Australian Dollars (AUD) and are exclusive of applicable taxes. Annual plans receive a discount as displayed on our Pricing page.

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.

4.4 AI Credits

AI credits are consumed when using AI Features powered by our LLM providers. Credit costs vary by model and request complexity. Unused credits do not roll over between billing periods unless specified in your Enterprise agreement. AI credit top-ups are available on paid plans.

5. Customer Data

5.1 Ownership

You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any data you create, upload, or store in BPA.

5.2 Licence to Operate

You grant us a limited licence to host, store, process, and transmit your Customer Data solely to provide and maintain the Platform. This licence terminates when your data is deleted from our systems.

5.3 Data Portability

You may export your Customer Data at any time using the platform's export features. Upon account termination, we will make your data available for export for 30 days before permanent deletion.

5.4 AI Processing

When you use AI Features, portions of your Customer Data may be sent to third-party LLM providers to generate responses. Your data is not used for model training. See our Privacy Policy for details.

6. Acceptable Use

You agree not to use BPA to:

• Violate any applicable law or regulation
• Store or transmit content that infringes intellectual property rights
• Distribute malware, spam, or phishing content
• Attempt to access other teams' data or bypass security controls
• Reverse-engineer, decompile, or attempt to extract the source code of the platform
• Use the platform to build a competing product or service
• Circumvent usage quotas, rate limits, or billing mechanisms
• Use AI Features to generate content that is illegal, harmful, or violates the acceptable use policies of our LLM providers

We reserve the right to suspend or terminate accounts that violate these restrictions.

7. Intellectual Property

8.1 Platform IP

BPA, including its design, code, features, documentation, and branding, is the intellectual property of Norbrik Pty Ltd. These Terms do not grant you any rights to our IP beyond the right to use the Platform as a customer.

8.2 Feedback

If you provide suggestions, feature requests, or other feedback about BPA, we may use that feedback without restriction or obligation to you.

8. Security

We implement reasonable technical and organisational measures to protect your Customer Data, including:

• Encryption in transit (TLS) and at rest
• Multi-tenant data isolation scoped by team ID
• Role-based and attribute-based access control (RBAC/ABAC)
• Platform audit logging for security events
• Regular security reviews and monitoring

Enterprise customers may receive additional security commitments under a separate agreement.

9. Service Availability

10.1 Uptime

We use commercially reasonable efforts to maintain high availability. Enterprise customers with a 99.9% SLA receive uptime commitments and service credits as defined in their Enterprise agreement.

10.2 Maintenance

We may perform scheduled maintenance that temporarily affects availability. We will provide reasonable advance notice of planned maintenance via the platform or email.

10.3 Force Majeure

We are not liable for service interruptions caused by events beyond our reasonable control, including natural disasters, internet outages, government actions, or third-party service failures.

10. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability for any claim arising from these Terms or your use of BPA is limited to the fees you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data (beyond our obligation to maintain backups as described), or business interruption
• These limitations apply regardless of the legal theory (contract, tort, negligence, or otherwise)

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

11. Warranties and Disclaimers

We provide BPA on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or secure at all times
• AI-generated outputs will be accurate, complete, or suitable for any particular purpose
• The Platform will meet all of your specific requirements

Where Australian Consumer Law applies, our liability is limited to re-supplying the service or paying the cost of re-supply.

12. Termination

13.1 By You

You may cancel your account at any time. Paid plan cancellations take effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods.

13.2 By Us

We may suspend or terminate your account if:

• You breach these Terms and do not remedy the breach within 14 days of notice
• You engage in activity that threatens the security or integrity of the platform
• Required by law or regulation

Upon termination, your right to use the Platform ceases. Your Customer Data will be available for export for 30 days, after which it is permanently deleted.

13. BYOK (Bring Your Own Key)

All plans support BYOK for AI Features. When you provide your own API keys:

• AI requests are routed through your provider account, subject to your agreement with that provider
• You are responsible for any costs incurred with your LLM provider
• We are not responsible for the availability, accuracy, or terms of third-party LLM providers
• You remain responsible for ensuring your use of AI Features complies with your provider's acceptable use policies

14. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from these Terms will be resolved in the courts of Australia. Both parties agree to submit to the exclusive jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you at least 30 days in advance via the platform or email. Your continued use of BPA after the effective date of updated Terms constitutes acceptance.

If you do not agree with the updated Terms, you may cancel your account before the changes take effect.

16. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Norbrik Pty Ltd regarding BPA, unless superseded by a signed Enterprise agreement.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.

17. Contact Us

For questions about these Terms:

• Email: [email protected]
• Web: bpautomate.com/contact
• Entity: Norbrik Pty Ltd (ABN 70 600 064 631), Australia