Online terms and conditions governing your access to and use of Affinda products and services on a free trial basis.
Affinda helps organisations unlock the value in their documents using AI-powered data extraction and automation. These are the terms on which we make our products available to you on a free trial basis, so that you can evaluate them.
These trial terms of use (Terms) govern your access to and use of Affinda’s products and services on a free, no-obligation trial basis (the Trial). By creating a trial account, clicking to indicate your acceptance, or otherwise accessing or using the Trial, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, you must not access or use the Trial. Capitalised terms have the meanings given in section 3.
1. Interpretation
“You” means (i) your company, if you are using the Products in your capacity as an employee or agent of that entity, or (ii) otherwise, you as an individual.
“Affinda”, “we”, “us” or “our” means Affinda Products Pty Ltd (ACN 667 159 800) of Level 4, 180 Flinders St, Melbourne VIC 3000, Australia, and any Related Body Corporate of it.
Headings are for convenience only and do not affect interpretation. A reference to a statute includes any amendment or replacement of it.
2. Changes to these Terms
We may update these Terms from time to time and will maintain the most up-to-date version at https://www.affinda.com/trial-terms/. Please visit that page regularly. We may also modify, suspend or discontinue the Trial, or any part of any Product, at any time. Your continued use of any Product or the Trial after a change takes effect signifies your acceptance of the latest version of these Terms.
3. Definitions
Software means any Affinda software that you order, access or download from Affinda.
Software Service means an online software service provided by Affinda, including the Affinda platform.
Product means the Software and/or a Software Service.
Output means the data, results and outputs generated from Your Data and made available to you through a Product.
Your Data means data inputted into a Product by you or your Users.
Personal Data means Your Data to the extent it contains “personal information” as defined in the Privacy Act 1988 (Cth).
User means an individual you authorise to access and use a Product on your behalf.
Trial means your access to and use of the Products on the free trial basis described in these Terms.
Trial Period means the period during which Affinda makes the Trial available to you, as determined by Affinda.
Updates means any update, upgrade, patch, release or other modification to a Product.
Confidential Information means all non-public information disclosed by or on behalf of Affinda, including the Products and their features, functionality and performance, and any evaluation, benchmark or test results.
Intellectual Property Rights means all intellectual property rights worldwide, whether registered or unregistered.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
4. The Trial and licence
Subject to your full compliance with these Terms at all times, we grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable licence to access and use the Products during the Trial Period, solely to internally evaluate the Products (the Permitted Purpose).
The Trial is provided for evaluation purposes only. You must not use the Trial, any Product or any Output for production, business-critical, live or commercial purposes, or in reliance for any decision, and you must not use any Product in any situation where failure could lead to death or serious bodily injury (High Risk Use).
We determine, and may change at any time without notice, the scope, features, functionality, usage limits, trial credits and duration of the Trial. Trial features may be incomplete, may not have been fully tested, and may be changed or withdrawn at any time.
We are not obliged to provide any support, maintenance, updates, service levels or availability for the Trial. The Trial may be unavailable, suspended or interrupted at any time.
You must keep any access credentials secure and confidential, are responsible for all activity under your account and that of your Users as if it were your own, and must promptly notify us of any suspected unauthorised use. You must not remove, hide, alter or modify any Affinda branding, logo, name or other Intellectual Property in any Product.
5. The Trial is free
The Trial is provided free of charge. If you wish to continue using any Product after the Trial Period ends, you must enter into a separate paid agreement with Affinda (for example, an Order Form together with Affinda’s Platform Terms of Use). These Terms do not entitle you to any paid product, support or service level.
6. Your Data — ownership and use
You own all right, title and interest in Your Data, and you have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data, and for ensuring you are entitled to input it into the Products.
You must not input into any Product, and you must ensure your Users do not input, any (a) personal information or sensitive information; (b) health, biometric, financial account or payment card data; or (c) confidential, regulated or third-party information, in each case other than test or sample data that you are fully entitled to use for the Trial. The Trial is not intended for, and must not be used with, real, sensitive, regulated or production data.
You grant Affinda a royalty-free, non-exclusive, irrevocable and worldwide licence to use, reproduce, host, process and create derivative works from Your Data in order to provide the Products, to improve or enhance the Products, and for Affinda’s other development purposes.
We do not back up Trial data. We have no obligation to maintain, store, secure to any standard, restore, return or make available Your Data, and you are solely responsible for retaining your own copies of any data you input. We may delete Your Data at any time, including on suspension, expiry or termination of the Trial, without notice and without any obligation to provide it to you.
Any data processing addendum offered by Affinda does not apply to, and does not form part of, the Trial.
7. Personal Data
You should not input Personal Data into the Trial. To the extent you do, you are responsible for ensuring you have all necessary consents, notices and lawful bases for that Personal Data to be processed under these Terms, and you indemnify Affinda in respect of it. We will process any such Personal Data only to provide the Trial and in accordance with our Privacy Policy and the Australian Privacy Principles. You acknowledge that Your Data, including any Personal Data, may be transferred to or stored outside your jurisdiction as part of the Products.
8. Intellectual property and restrictions
All Intellectual Property Rights in and to the Products, including any Updates, and any modifications, improvements, learnings or derivative works arising from the provision or use of the Products, are and will remain owned by Affinda (or its licensors). Except for the limited licence in section 4, these Terms do not transfer any Intellectual Property Rights to you.
You must not, and must ensure your Users and any third party do not:
copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute any Product;
reverse compile, disassemble, reverse engineer or otherwise attempt to reduce to human-perceivable form any part of any Product;
license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit any part of any Product, or make it available to any person other than authorised Users;
use any Product to develop any product or service that competes with Affinda’s products or services, or benchmark any Product, or publish or disclose any evaluation or benchmark results, in each case without our prior written consent;
use any Product for any High Risk Use;
modify, alter or circumvent any licence protection, security, technical or usage controls in any Product;
access or use any Product through automated means, except as expressly permitted by us; or
use any Product in any way that breaches any law, infringes any person’s rights, or could compromise the security or integrity of Affinda’s systems.
We may collect and use aggregated, de-identified data relating to your use of the Products for our own business purposes, including product development and improvement, provided it does not identify you or any individual.
If you provide any feedback, suggestions or ideas about the Products, you grant Affinda a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose, without restriction or any obligation to you.
9. Outputs and no reliance
The Products use artificial intelligence and automated processing, and may produce Output that is inaccurate, incomplete, out of date or otherwise unexpected. Output is made available for evaluation only. You are solely responsible for reviewing, verifying and validating all Output, and for any use of, action taken on, or decision made in reliance on, any Output. You must not rely on any Output.
10. Your warranties and indemnity
You represent and warrant that (a) you have full capacity and authority to enter into and perform these Terms; (b) these Terms constitute legal, valid and binding obligations on you; and (c) your use of the Products will comply with all applicable laws and these Terms.
You indemnify Affinda and its Related Bodies Corporate against all loss, damage, cost, expense, liability and claims (including third-party claims) arising out of or in connection with (a) Your Data; (b) your use of any Product or Output, including any decision, action or omission based on or informed by any Output; (c) your breach of these Terms, including the provisions relating to Personal Data and Confidential Information; and (d) your breach of any law or infringement of any person’s rights.
Affinda gives no indemnity of any kind under these Terms.
11. No warranties
All Affinda systems, Products and Output are provided to you on an “as is” and “as available” basis, with all faults, and without any representation, warranty or guarantee of any kind. To the maximum extent permitted by law, Affinda excludes all conditions, representations, warranties, terms and statutory guarantees, whether express or implied, including any implied warranties or guarantees of merchantability, acceptable quality, fitness for a particular purpose, accuracy, title and non-infringement.
12. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, right, condition or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified. To the extent Affinda is able to limit the remedy for a breach of any such non-excludable guarantee, Affinda’s liability is limited, at Affinda’s option, to resupplying the relevant services or paying the cost of having them resupplied.
Subject to the paragraph above, and to the maximum extent permitted by law:
Affinda will not be liable to you for any loss, damage, cost or expense, whether arising in contract, tort (including negligence), equity, under statute or otherwise, arising out of or in connection with the Trial, these Terms, any Product, any Output or any inability to access or use any Product, including any loss of profit, revenue, goodwill, business, opportunity or anticipated savings, any loss, corruption or unavailability of data, and any indirect, special or consequential loss;
because the Trial is provided free of charge, you access and use it entirely at your own risk; and
Affinda’s total aggregate liability in connection with the Trial and these Terms is limited to A$10.
Your sole and exclusive remedy in connection with the Trial is to stop accessing and using it. You must take reasonable steps to mitigate any loss. Affinda’s liability is reduced to the extent any loss is caused or contributed to by you or your Users.
13. Confidentiality
The Products and their features, functionality and performance, and any evaluation, benchmark or test results, are Affinda’s Confidential Information. You must keep Affinda’s Confidential Information confidential, use it only for the Permitted Purpose, and not disclose it to any third party without Affinda’s prior written consent.
14. Suspension and termination
We may suspend, restrict, modify or terminate the Trial, your access to any Product, or these Terms, in whole or in part, at any time, for any reason or no reason, with or without notice, and without any liability to you. The Trial automatically ends on the earlier of the expiry of the Trial Period, the exhaustion of any trial credits, your entry into a paid agreement for the Products, or termination by Affinda. On expiry or termination, all licences and rights granted to you cease immediately, you must stop using all Products, and you must, if requested, destroy, permanently delete or return all copies of any Software. We may immediately delete Your Data without any obligation to provide it to you. Sections 6, 8, 9, 10, 11, 12, 13 and 15 survive expiry or termination.
15. General
Entire agreement. These Terms are the entire agreement between you and Affinda about the Trial and supersede all prior agreements, representations and understandings.
Assignment. You must not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms to a Related Body Corporate or in connection with a merger, acquisition or sale of assets.
Publicity. We may identify you as a user of Affinda’s products in our marketing materials, unless you notify us otherwise.
No waiver. A failure or delay by Affinda in exercising a right is not a waiver of it.
Severability. If any provision of these Terms is unenforceable, it is severed without affecting the remaining provisions.
Relationship. Nothing in these Terms creates a partnership, agency, joint venture or employment relationship.
Notices. We may give you notices through a Product or by email.
Governing law. These Terms, and any dispute arising out of or in connection with them, are governed by the laws of the State of Victoria, Australia. You and Affinda irrevocably submit to the non-exclusive jurisdiction of the courts of that State.