Terms of Service

1. Introduction and Acceptance

1.1 About These Terms

These Terms of Service ("Terms") are a legal agreement between you and [Your Business Name Pty Ltd] (ABN/ACN [00 000 000 000]) ("we", "us", "our", or "Nomarch"), governing your access to and use of the Nomarch service, including our website, web application, APIs, and related services (collectively, the "Service").

Our registered office is located at: [Level 00, 123 Placeholder St, City, State, 0000].

1.2 Acceptance

By creating an account, ticking the acceptance checkbox during signup, or using the Service, you agree to be bound by:

• These Terms of Service
• Our Privacy Policy
• Our Acceptable Use Policy
• Our AI Use & Limitations Notice
• Any other policies referenced in these Terms

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

1.3 Who Can Accept

• Individuals: You must be at least 18 years old and have the legal capacity to enter into binding contracts under Australian law.
• Businesses/Firms: If you are accepting on behalf of a business, law firm, or other organization, you represent and warrant that you have the authority to bind that entity to these Terms.

1.4 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting a notice on the Service
• Sending an email to your registered email address
• Requiring you to accept the updated Terms before continuing to use the Service

Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and may cancel your account.

2. Key Definitions

"Account" means your registered user account for accessing the Service.

"AI Services" means the artificial intelligence features of the Service, including but not limited to case law summarization, argument generation (Brainstorm), and legal research assistance.

"Australian Consumer Law" or "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Case Facts" means any factual information, case details, or client information you submit to the Service for analysis or processing.

"Confidential Information" means information that is confidential or proprietary, including but not limited to client information, case details, legal strategies, and business information.

"Outputs" means the results, summaries, arguments, analyses, or other content generated by the AI Services based on your inputs.

"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).

"Service" means the Nomarch platform, including the website, web application, APIs, AI Services, and all related features and functionality.

"Subscription" means your paid or free tier access to the Service.

"User Content" means any information, data, text, or other materials you submit, upload, or provide to the Service.

"You" or "your" means the individual or entity using the Service.

3. Service Description and Intended Use

3.1 What Nomarch Does

Nomarch is an AI-powered legal research platform designed to assist Australian legal professionals with:

• Searching Australian case law (via AustLII and other sources)
• Generating legal arguments from case facts (Brainstorm feature)
• Summarizing cases and judgments
• Providing regulatory alerts (where available)
• Analyzing precedent strength (where available)

3.2 What Nomarch Is NOT

Nomarch is NOT:

• A law firm or legal practice
• A provider of legal advice
• A substitute for professional legal judgment
• A replacement for primary legal research
• Guaranteed to be accurate, complete, or current

3.3 Professional Use Only

The Service is intended for use by:

• Qualified Australian lawyers and barristers
• Law students (for educational purposes only)
• Paralegals and legal support staff working under legal supervision
• Other legal professionals

[NOTE: This section should be reviewed by an Australian lawyer to confirm whether the service should be restricted to legal professionals only, or whether it can be offered to the general public with appropriate disclaimers. Consider regulatory implications under legal profession legislation.]

3.4 Not Legal Advice

4. AI Services: Limitations, Risks, and Your Responsibilities

4.1 AI Limitations

The AI Services use large language models and machine learning technology. You acknowledge and agree that:

a) Errors and Inaccuracies: AI-generated Outputs may contain:

• Factual errors or "hallucinations"
• Incorrect case citations or misattributed quotes
• Outdated legal principles or overruled precedents
• Incomplete analysis or missing relevant authorities
• Logical inconsistencies or unsupported conclusions

b) No Guarantee of Accuracy: We do not warrant that any Output is accurate, complete, current, or suitable for your specific purpose.

c) Currency of Law: Case law, legislation, and legal principles change. Outputs may not reflect:

• Recent decisions or legislative amendments
• Current legal interpretations
• Jurisdiction-specific variations
• Procedural rule changes

d) Bias and Limitations: AI models may reflect biases present in training data and may not adequately represent:

• Minority or emerging legal views
• Recent legal developments
• Nuanced factual distinctions
• Ethical considerations

4.2 Mandatory Verification

4.3 Prohibited Uses of AI Services

You must NOT use the AI Services to:

• Make time-critical or emergency legal decisions without independent verification
• Rely solely on Outputs for court filings, submissions, or advice to clients
• Generate defamatory, misleading, or unlawful content
• Circumvent your professional obligations or ethical duties
• Automate legal services in a manner that violates legal profession regulations
• Process information you are not authorized to disclose
• Attempt to reverse-engineer, extract, or replicate the AI models

[NOTE: This section should be reviewed by an Australian lawyer for compliance with legal profession conduct rules and regulations in relevant jurisdictions.]

4.4 Confidentiality and Sensitive Information

a) Your Responsibility: You are responsible for ensuring you have proper authority and client consent before submitting any Confidential Information or Personal Information to the Service.

b) Anonymization Recommended: Where possible, anonymize or de-identify Case Facts and client information before submission.

c) Professional Obligations: You remain bound by your professional duties of confidentiality, privilege, and client care regardless of your use of the Service.

d) No Privilege Waiver Intended: We do not intend for your use of the Service to waive legal professional privilege. However, you should obtain independent advice on privilege implications in your jurisdiction.

[NOTE: This section should be reviewed by an Australian lawyer regarding privilege, confidentiality, and professional conduct obligations. Consider whether additional safeguards or warnings are needed.]

4.5 Data Handling for AI Processing

Case Facts - Zero Retention Policy:

• Case Facts you submit for Brainstorm analysis are processed by our AI provider (Anthropic Claude) in zero-retention mode
• Case Facts are NOT permanently stored in our database
• Case Facts are deleted immediately after the AI generates Outputs
• We only retain anonymized metadata (e.g., "user performed 1 brainstorm") for billing purposes

Search Queries:

• Search queries may be cached for up to 7 days to improve performance and reduce costs
• Cached results do not contain your Case Facts, only search terms and results

Outputs:

• AI-generated Outputs may be stored in your account for your reference
• You can delete Outputs at any time from your account dashboard

For full details, see our Privacy Policy and AI & Data Processing Summary.

5. Your Account and Obligations

5.1 Account Creation

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach

5.2 Account Security

You are responsible for:

• All activity that occurs under your account
• Maintaining the confidentiality of your login credentials
• Implementing appropriate security measures (e.g., strong passwords, two-factor authentication if available)

We recommend:

• Using a unique, strong password
• Enabling two-factor authentication (2FA) when available
• Not accessing your account from public or shared computers
• Logging out after each session

5.3 Acceptable Use

You agree to use the Service in compliance with:

• These Terms and all referenced policies
• All applicable Australian laws and regulations
• Professional conduct rules and ethical obligations
• Third-party terms (e.g., AustLII terms of use)

You must NOT:

• Use the Service for any unlawful purpose
• Violate any person's intellectual property, privacy, or other rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated tools (bots, scrapers) without our written permission
• Resell, sublicense, or redistribute the Service without authorization
• Impersonate another person or entity
• Harass, abuse, or harm others
• Submit false, misleading, or deceptive information

For full details, see our Acceptable Use Policy.

5.4 Usage Limits and Rate Limiting

Your Subscription tier includes specific usage limits:

Free Tier:

• 5 case law searches per month
• 2 brainstorm sessions per month
• 2 queries per hour

Starter Tier:

• 50 case law searches per month
• 5 brainstorm sessions per month
• 10 queries per hour

Pro Tier:

• Unlimited case law searches
• Unlimited brainstorm sessions
• 50 queries per hour

Enterprise Tier:

• Custom limits as agreed

We may enforce rate limits to prevent abuse and ensure fair access. Excessive use may result in temporary restrictions or account suspension.

6. Subscriptions, Billing, and Payments

6.1 Subscription Tiers

We offer multiple subscription tiers with different features and usage limits. Current tiers and pricing are available on our website.

6.2 Free Trials

We may offer free trials for certain subscription tiers. Free trials:

• Require a valid payment method on file
• Automatically convert to a paid subscription unless cancelled before the trial ends
• Are limited to one per user/organization
• May have reduced features or usage limits

6.3 Billing and Payment

a) Payment Authorization: By providing payment information, you authorize us to charge your payment method for:

• Subscription fees
• Any applicable taxes (including GST)
• Overage charges (if applicable)

b) Payment Processing: Payments are processed by Stripe. We do not store your full credit card details. You agree to Stripe's terms of service.

c) GST: All fees are exclusive of GST unless stated otherwise. GST will be added to your invoice where applicable under Australian tax law.

d) Automatic Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date.

e) Payment Failures: If a payment fails:

• We will attempt to charge your payment method again
• We may suspend your access to paid features
• You remain responsible for any outstanding amounts
• We may charge reasonable fees for failed payment processing

6.4 Price Changes

We may change subscription prices at any time. For existing subscribers:

• We will provide at least 30 days' notice of price increases
• Price increases take effect on your next renewal date
• You may cancel before the increase takes effect

6.5 Refunds and Cancellations

a) Cancellation: You may cancel your subscription at any time from your account dashboard.

b) Effect of Cancellation:

• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of the billing period
• No refunds for partial billing periods (except as required by law)

c) Refund Policy: See our Refunds & Cancellation Policy for full details.

d) Consumer Guarantees: Nothing in this section excludes or limits your rights under the Australian Consumer Law, including your right to a refund for major failures or services not provided with due care and skill.

[NOTE: This section should be reviewed by an Australian lawyer to ensure compliance with ACL consumer guarantee provisions and unfair contract terms legislation.]

For full billing terms, see our Subscription & Billing Terms.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, code, designs, graphics, text, logos, trademarks, and other content (excluding User Content and third-party content), is owned by or licensed to us and is protected by copyright, trademark law, trade secret law, and other intellectual property laws.

You must NOT:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any software
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission

7.2 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or professional purposes.

This license does NOT include the right to:

• Sublicense, resell, or redistribute the Service
• Use the Service for the benefit of third parties (except your clients in the ordinary course of legal practice)
• Access the Service to build a competitive product or service
• Use any data mining, robots, or similar data gathering tools

7.3 User Content - Your Ownership and License to Us

a) You Retain Ownership: You retain all intellectual property rights in your User Content (including Case Facts, search queries, and other inputs).

b) License Grant to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, process, and analyze User Content to provide the Service
• Store User Content as necessary to deliver features (subject to our data retention policies)
• Generate Outputs based on User Content

c) Scope and Duration: This license:

• Is limited to providing and improving the Service
• Does NOT permit us to use your User Content for AI model training (we use zero-retention mode)
• Terminates when you delete the User Content or close your account (subject to legal retention requirements)

d) Your Representations: You represent and warrant that:

• You own or have the necessary rights to submit User Content
• Your User Content does not infringe any third-party rights
• You have obtained all necessary consents and authorizations (including client consent where required)

7.4 AI-Generated Outputs - Ownership and Use

[NOTE: This is a complex area requiring legal review. The ownership and licensing of AI-generated content is evolving under Australian law. Counsel should confirm the appropriate approach.]

a) Ownership: AI-generated Outputs are created through a combination of your User Content inputs, our AI models and prompts, third-party AI services (Anthropic Claude), and training data from various sources. Given this complexity, we make no claim of ownership over Outputs.

b) Your License: Subject to these Terms, you may use Outputs for your internal professional purposes, including incorporating Outputs into your legal research and analysis, using Outputs to advise clients (subject to verification requirements), and sharing Outputs with clients as part of your legal services.

c) Restrictions: You must NOT:

• Represent Outputs as your own original work without substantial modification and verification
• Use Outputs in a manner that infringes third-party rights
• Rely on Outputs without verification (as required in Section 4)
• Redistribute or resell Outputs as a standalone product

d) No Warranty: We provide no warranty regarding the copyright status of Outputs, whether Outputs infringe third-party rights, or the accuracy or suitability of Outputs for any purpose.

7.5 Third-Party Content

The Service may include or link to third-party content, including case law from AustLII and other legal databases, legislation and regulations, and legal commentary and analysis. Third-party content is owned by the respective third parties, subject to third-party terms and conditions, not endorsed or verified by us, and used at your own risk.

We are not affiliated with AustLII or any other third-party content provider unless expressly stated.

7.6 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate Feedback into the Service without any obligation to you.

8. Privacy and Data Protection

8.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of Personal Information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

By using the Service, you consent to our collection and use of Personal Information as described in the Privacy Policy.

8.2 Third-Party Data Processing

We use third-party service providers to operate the Service, including Stripe (payment processing), Anthropic (AI services - Claude API), Vercel (hosting and infrastructure), Neon/PostgreSQL (database services), email service providers, and analytics providers (with your consent).

These providers may process your Personal Information in accordance with their own privacy policies and terms. Some providers are located overseas (primarily in the United States).

For full details on data processing, overseas disclosure, and your rights, see our Privacy Policy.

8.3 Data Security

We implement reasonable technical and organizational measures to protect your information, including encryption in transit (HTTPS/TLS), encryption at rest (AES-256 where applicable), access controls and authentication, and regular security monitoring and updates.

However, no system is completely secure. You acknowledge that internet transmission is not 100% secure, unauthorized access or data breaches may occur despite our safeguards, and you use the Service at your own risk.

We will notify you of any data breach as required by the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth).

8.4 Your Data Rights

Under Australian privacy law, you have rights to access your Personal Information, request correction of inaccurate information, request deletion of your information (subject to legal retention requirements), complain about privacy breaches, and export your data (data portability).

To exercise these rights, contact us at privacy@nomarch.com.au.

For full details, see our Privacy Policy.

9. Disclaimers and Limitation of Liability

[NOTE: This section MUST be reviewed by an Australian lawyer to ensure compliance with the Australian Consumer Law, particularly sections 18 (misleading conduct), 29 (false representations), and 64-64A (consumer guarantees). The disclaimers must not mislead consumers about their non-excludable rights.]

9.1 Service Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, warranties that the Service will be uninterrupted, error-free, or secure, and warranties regarding the accuracy, reliability, or completeness of any content or Outputs.

9.2 Australian Consumer Law - Non-Excludable Rights

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW (and subject to Section 9.2 above):

a) Exclusion of Consequential Loss: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, loss of data or information, loss of goodwill or reputation, professional negligence claims arising from your use of Outputs, claims by your clients or third parties, or any other indirect or consequential loss.

b) Liability Cap: Our total aggregate liability to you for all claims arising from or related to the Service, whether in contract, tort (including negligence), or otherwise, is limited to the greater of the amount you paid us in the 12 months before the claim arose, or AUD $100.

c) Exceptions: The above limitations do NOT apply to our fraud or fraudulent misrepresentation, death or personal injury caused by our negligence, or any liability that cannot be excluded or limited by law.

9.4 Your Indemnity

You agree to indemnify, defend, and hold harmless Nomarch, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Service
• Your breach of these Terms
• Your violation of any law or third-party rights
• Your User Content or any claim that your User Content infringes third-party rights
• Your professional negligence or breach of duty to clients arising from use of the Service
• Any claim by your clients or third parties related to your use of the Service or Outputs

[NOTE: This indemnity clause should be reviewed by an Australian lawyer to ensure it is not unfair under unfair contract terms legislation, particularly for small business users.]

9.5 Basis of the Bargain

You acknowledge that the disclaimers and limitations in this Section 9 are a fundamental part of the agreement between you and us, we would not provide the Service at the current pricing without these limitations, and these limitations reflect a reasonable allocation of risk.

10. Suspension and Termination

10.1 Suspension by Us

We may suspend your access to the Service immediately, without prior notice, if you breach these Terms or any referenced policy, your account is used for illegal, fraudulent, or abusive activity, we reasonably believe suspension is necessary to prevent harm or liability, your payment fails or your account is past due, we are required to do so by law or court order, or we detect unusual activity suggesting a security compromise.

During suspension, you cannot access paid features, your data remains stored (subject to our retention policies), and you remain responsible for any outstanding fees.

We will notify you of the suspension and the reason (unless prohibited by law or doing so would compromise security).

10.2 Termination by Us

We may terminate your account and access to the Service for cause (breach of Terms), effective immediately upon notice, for convenience with 30 days' notice, or if your account is inactive for more than 12 months.

10.3 Termination by You

You may terminate your account at any time by cancelling your subscription from your account dashboard or contacting support@nomarch.com.au.

Termination takes effect at the end of your current billing period (for paid accounts) or immediately (for free accounts).

10.4 Effect of Termination

Upon termination of your account:

• Access: Your access to the Service ends immediately (or at the end of the billing period if you cancelled).
• Data Export: You should export any data you wish to retain before termination. We are not obligated to provide access to your data after termination.
• Data Deletion: We will delete your User Content and Personal Information in accordance with our data retention policies and legal obligations, typically within 90 days of termination.
• Survival: Sections 7 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10.4 (Effect of Termination), 12 (Dispute Resolution), and 13 (General Provisions) survive termination.
• No Refunds: Termination does not entitle you to a refund for any prepaid fees (except as required by law or our Refunds Policy).
• Outstanding Amounts: You remain liable for any outstanding fees or charges incurred before termination.

11. Changes to the Service

11.1 Service Modifications

We may, at any time and without prior notice, add, modify, or remove features or functionality, change usage limits or pricing (subject to Section 6.4), update the AI models or data sources we use, or perform maintenance or upgrades.

We will use reasonable efforts to notify you of material changes that negatively affect your use of the Service.

11.2 Service Availability

We strive for high availability but do not guarantee that the Service will be available at all times without interruption, free from errors, bugs, or security vulnerabilities, or compatible with all devices, browsers, or software.

We may suspend the Service temporarily for scheduled maintenance (we will provide advance notice where reasonably practicable), emergency maintenance or security updates, or events beyond our reasonable control.

11.3 Discontinuation

We reserve the right to discontinue the Service or any part of it at any time. If we discontinue the Service, we will provide at least 90 days' notice (where reasonably practicable), you will receive a pro-rata refund for any prepaid fees for the discontinued service, and you will have the opportunity to export your data.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

[NOTE: Counsel should confirm the appropriate state/territory for governing law based on the business's location and operations.]

12.2 Dispute Resolution Process

If you have a complaint or dispute, we encourage you to follow this process:

Step 1: Contact Support
Email support@nomarch.com.au with details of your concern. We will respond within 5 business days and work to resolve the issue.

Step 2: Escalation
If the issue is not resolved, email legal@nomarch.com.au. A senior team member will review and respond within 10 business days.

Step 3: Formal Complaint
If still unresolved, you may submit a formal written complaint. We will investigate and provide a written response within 30 days.

Step 4: External Resolution
If we cannot resolve the dispute internally, you may seek resolution through a relevant industry ombudsman or dispute resolution scheme, or pursue legal action in accordance with Section 12.1.

12.3 Consumer Complaints

If your complaint relates to privacy, you may also contact the Office of the Australian Information Commissioner (OAIC): www.oaic.gov.au or 1300 363 992.

If your complaint relates to consumer rights, you may contact your state or territory consumer protection agency.

12.4 Class Actions

Nothing in these Terms prevents you from participating in a class action or representative proceeding where permitted by law.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations, and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights under them without your consent, including in connection with a merger, acquisition, or sale of assets.

13.5 Notices

To You: We may provide notices to you by email to your registered email address, posting on the Service, or in-app notifications. You are responsible for keeping your email address current.

To Us: You may provide notices to us by email at legal@nomarch.com.au or by mail to our registered address.

Notices are deemed received: Email - 24 hours after sending (if not bounced); Mail - 5 business days after posting.

13.6 Force Majeure

We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, or acts of God, war, terrorism, or civil unrest, government actions or regulations, internet or telecommunications failures, third-party service provider failures, or cyberattacks or security incidents.

13.7 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us or make commitments on our behalf.

13.8 Third-Party Beneficiaries

These Terms are for the benefit of you and us only. No third party has any right to enforce any provision of these Terms.

13.9 Export Controls

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, or a national of, any country subject to Australian or international sanctions or export restrictions.

13.10 Interpretation

In these Terms: headings are for convenience only and do not affect interpretation; "including" means "including without limitation"; singular includes plural and vice versa; and references to "writing" include email and electronic communications.

14. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@nomarch.com.au
Support: support@nomarch.com.au
Privacy: privacy@nomarch.com.au

Postal Address:
[Your Business Name Pty Ltd]
[Level 00, 123 Placeholder St, City, State, 0000]
Australia

ABN/ACN: [00 000 000 000]