Springboards.ai Platform Terms and Conditions

Welcome to Springboards.ai (Springboards)! We provide a cloud-based platform (Platform) where you can access AI-powered tools designed for creatives, and creative and media agencies.

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Trilingual Pty Ltd T/A Springboards.ai (ACN 665 842 133), each a Party and together the Parties.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer or user of Springboards. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms please email: legal@springboards.ai

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our Privacy Policy (on our website) which sets out how we will handle your personal information;
• clause 1.3 (Variations) which sets out how we may amend these Terms;
• clause 5 (Subscription) which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews; and
• clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms.

To the extent of any inconsistency between these Terms and your Quote (if any), the terms of your Quote will prevail.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Engagement and Term

1. 1. These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
   2. You accept these Terms by the earlier of:
      1. confirming that you accept these Terms via the platforms or applications through which these Terms are provided to you, including via email, our website, or our Platform;
      2. part or full payment of the Subscription Fees relating to your Account; or
      3. in the case these Terms are incorporated by reference or attachment into another set of terms, the acceptance of those terms.
   3. Variations: We may amend these Terms at any time, by providing written notice to you. By continuing to use our Platform 30 days after notification, you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us within 30 days. If you cancel your Subscription:
      1. you will no longer be able to access our Services (including our Platform) on and from the date of cancellation; and
      2. if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the Subscription Period remaining.

Artificial Intelligence Disclaimer

2. 1. You acknowledge that the Services include access to artificial intelligence (AI) enhanced software, and that the AI models utilised:
      1. may have unpredictable or inconsistent outputs;
      2. are not created or provided by us but by a third party software provider and we merely providing Services necessary to integrate those AI models into the Platform;
   2. You agree that you (and your Authorised Users) will implement:
      1. meaningful manual checks and oversight of any results produced by AI models before placing reliance on those outputs;
      2. processes to ensure you undertake your own due diligence of the outputs and you acknowledge and agree that the outputs are intended to provide you with a starting point from which you must provide your own creative input to create a finished product; and
      3. adequate technical limits on the use of results produced by AI models, to mitigate the potential consequences of unpredictable, inaccurate or inconsistent outcomes.
   3. Due to the evolving and developing nature of the law around AI created works, we provide no warranties and do not guarantee or represent:
      1. That you will be able to trade mark or claim copyright ownership of any AI model output in any jurisdiction; or
      2. that any output will not infringe on any third party intellectual property rights.

Our Services

3. 1. Subject to your compliance with these Terms, we will provide you with access to the Services.
   2. Unless we agree otherwise, any support services we provide cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.
   3. Where we require access to your premises or computer systems in order to provide our Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.
   4. Our Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
   5. We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.
   6. Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
   7. Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 3.6.

Account

4. 1. You must sign up for an Account in order to access and use our Platform.
   2. You may register for an Account using your Google account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
   3. If permitted in your Subscription, you may invite Authorised Users to access and use some or all of our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account, Quote or on our Platform.
   4. While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
      1. keep your information up to date (and ensure it remains true, accurate and complete);
      2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
      3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

Subscriptions

5. 1. Subscription: In order to access the Platform, you must choose a Subscription. The Subscriptions we offer will be set out on our Platform or in the Quote, including details of each Subscription's features and limitations, Subscription Fees and Subscription Periods.
   2. Subscription Period: Unless otherwise agreed, the default Subscription Period is yearly (12 months). Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same duration as the previous Subscription Period (each of which will be considered a Subscription Period).
   3. Subscription Fees: Your Subscription Fee is set out in your Quote, and may vary from time to time depending on the Subscription selected. We reserve the right to vary the Subscription Fee from time to time by written notice. Following the initial Subscription period, but not more than once in each year of a Subscription, we may automatically increase any fees by an amount not exceeding the lower of (i) the percentage increase in the Applicable Price Index in the preceding year plus 5% and (ii) the maximum amount permitted by law.
   4. Billing Cycle: During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out in your Quote (Billing Cycle). Billing Cycles may be monthly, quarterly, half-yearly and yearly. We may amend your Billing Cycle at any time by written notice.
   5. Pilot Periods: We may offer discounted trials for certain Subscriptions (Pilot). Pilot Periods will run for the duration set out in the terms of the offer. All Pilots must be paid in full up front, unless otherwise agreed. You may not cancel at any time during a Pilot period. At the end of the Pilot, you will begin to be charged the Subscription Fees for your chosen Subscription. Your Subscription Period begins at the start of the Pilot.
   6. Free Trials: We may offer free trials for certain Subscriptions. During a free trial, you will not be charged and may cancel at any time without charge by contacting us through your account. If you do not cancel before the trial ends, you will be automatically charged the applicable Subscription Fees, and your Subscription Period will commence. We may modify or discontinue free trials at any time.
   7. Upgrades and downgrades: Your Subscription can be upgraded or downgraded at any time through your Account, including to add or remove Authorised Users. Any upgrades to your Subscription will take effect immediately (and you will be charged the difference between your current Subscription and your new Subscription on a pro-rata basis). Any downgrades to your Subscription will take effect from the beginning of the next Billing Cycle.
   8. Payment terms: You will be billed for any Subscription Fees due at the beginning of each Billing Cycle.
      1. Our payment methods will be set out on our Platform. If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions and any additional processing fees (if this is the case, these will be set out on our Platform).
      2. You must not pay, or attempt to pay, any Subscription Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account in accordance with your chosen Subscription, and you confirm that you are either the holder or an authorised signatory of that bank account.
      3. Late Payments: If any Subscription Fees are not paid on time, we may:
         1. suspend your access our Services (including access to our Platform); and
         2. charge interest on any overdue payments at a rate equal to the Applicable Price Index cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
   9. Cancellation: You may cancel your Subscription at the end of a Subscription Period, provided you have provided at least 60 days' written notice. In all cases, once your cancellation is effective your Subscription will not be renewed.
   10. Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

Platform Licence

6. 1. While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out on our Platform or in your Account).
   2. You must not (and you must ensure that your Authorised Users do not):
      1. access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
      2. upload sensitive information or commercial secrets to the Platform;
      3. make copies of the Platform or attempt to reproduce or create derivative works of the Platform;
      4. sell, loan, transfer, sub-licence, hire or otherwise give rights over the Platform to any third party;
      5. use the Platform in such a way that would constitute a breach of this agreement;
      6. interfere with or interrupt the supply of our Platform, or any other person's access to or use of our Platform;
      7. introduce any viruses or other malicious software code into our Platform;
      8. use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
      9. act in any way that may harm our reputation;
      10. attempt to access any data or log into any server or account that you are not expressly authorised to access;
      11. use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
      12. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
      13. access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
   3. Failure to comply with this clause 6 may result in immediate suspension or termination from the Platform for you and your Authorised Users.

Usage Limits

7. 1. Your Subscription may include a limit on your AI-generated content (Sparks) as set out on our Platform or in your Account. You may continue to use the Platform after reaching your usage limit, but you will be unable to generate additional AI content until the start of your next Billing Cycle. You may upgrade your Subscription at any time in accordance with clause 5.7.
   2. For Subscriptions with unlimited usage, we reserve the right to restrict your access to certain features if we reasonably believe your usage indicates abuse, automated misuse, or commercial resale of our Services.

Availability, Disruption and Downtime

8. 1. While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
   2. Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
   3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

Intellectual Property

9. 1. We own all intellectual property rights in our Services (including our Platform and any bespoke or customised Springboards). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.
   2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

10. 1. We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
       1. supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms;
       2. diagnose problems with our Services;
       3. improve, develop and protect our Services;
       4. send you information we think may be of interest to you based on your marketing preferences; or
       5. perform analytics for the purpose of remedying bugs or issues with our Platform.
    2. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
    3. You are responsible for (meaning we are not liable for):
       1. the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
       2. backing up Your Data.
    4. When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
    5. If you do not provide Your Data to us, it may impact your ability to receive our Services.

Confidential Information and Personal Information

11. 1. While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a 'need-to-know basis' (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
    2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
    3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
    4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).
    5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
    6. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

Consumer Law Rights

12. 1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
    2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
    3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

Liability

13. 1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
       1. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
       2. any use of our Services by a person or entity other than you or your Authorised Users.
    2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
       1. neither Party is liable for Consequential Loss;
       2. a Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other Party, including any failure by the other Party to mitigate its loss;
       3. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
       4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.
    3. Third Party Claims Indemnity: We agree to defend you against any claim brought against you by a third party alleging that their Intellectual Property Rights have been infringed and indemnify you against any loss or damage finally awarded by a court of competent jurisdiction or agreed as part of a settlement with the alleging party, provided that:
       1. you promptly notify us of any claims and do not do anything that would in any way prejudice or limit our ability or options for investigating and defending the claim;
       2. you have consistently complied with the terms of this agreement;
       3. you follow our reasonable directions and do all things reasonable to assist us in investigating and defending any claim (including by providing us with copies of any documentation and evidence, and copies of the claim and any relevant correspondence); and
       4. you ensure we have sole and exclusive control to respond and defend any claim.
    4. We will have no obligation to defend or indemnify you under clause 13.3 where:
       1. such infringement is caused or contributed to by your or your Personnel's acts or omissions (including without limitation where there has been unauthorised modification of Intellectual Property Rights), other than the use of our Platform or Services in accordance with the Agreement; and
       2. the infringement claim is based on the use or combination of our Platform or Services with equipment, programs or data not supplied by us.
    5. This clause 13 sets out our entire liability with respect to the infringement or alleged infringement of any third-party intellectual property rights.
    6. This clause 13 will survive termination or expiry of this Agreement.

Suspension and Termination

14. 1. We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
    2. We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if:
       1. you fail to pay your Subscription Fees when they are due;
       2. you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
       3. you or your Authorised Users breach these Terms and that breach cannot be remedied; or
       4. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors' schemes of arrangement).
    3. You may terminate these Terms if:
       1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
       2. we breach these Terms and that breach cannot be remedied, and

       if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

    4. You may also terminate these Terms in accordance with clause 5.9.
    5. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
    6. Termination of these Terms will not affect any other rights or liabilities that we or you may have.

General

15. 1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
    2. Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
       If the Dispute is not resolved at that initial meeting:
       1. where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
       2. where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
    3. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
    4. Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
    5. Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
    6. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
    7. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
    8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
    9. Publicity: You agree that we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
    10. Survival: Clauses 1 to 2 and 9 to 14 will survive the termination or expiry of these Terms
    11. Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

Definitions

16. 1. In these Terms:

    Account means an account created by an individual, entity, or other group, to use our Services, under which Authorised Users may be granted with access.

    Authorised User means a user that you have invited to use the Platform through your Account.

    Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute "Consequential Loss".

    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

    Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

    Platform means our cloud-based platform that we provide you with access to as part of the Services.

    Quote means the quote or purchase order to which this Agreement is attached and incorporated by reference.

    Services means the services we provide to you as set out in your Quote or on our Platform when you sign up for an Account.

    Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features, benefits and number of Authorised Users.

    Subscription Fees means the fees you pay to us to access your chosen Subscription.

    Subscription Period means the duration of your Subscription (annually by default, or as otherwise agreed and/or on our Platform).

    Your Data means:
    Inputs: the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services; and
    Outputs: data generated by your use of our Services, including Sparks. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.

Schedule 1 Service Level Agreement

SUPPORT SERVICES

1. 1. Springboards.AI will use its best endeavours to provide Support Services in accordance with the service levels set out below in Table 1 (Service Levels).
   Table 1: Service Levels

   Priority	Response Target	Resolution Target
   Critical	2 business hours	24 hours
   High	1 business day	2 business days
   Medium	1 business day	5 business days
   Low	3 business days	No target

   2. The severity and priority of calls are classified as follows:
      1. Critical - business critical issues only, which prevent the majority of users from accessing the Services or where the module functionality is materially restricted with no feasible workaround
      2. High - Solution issues affecting multiple users and issues affecting business operation, which prevents a small group of users from accessing the Services or where the module functionality is restricted but a feasible workaround exists
      3. Medium - notification of image/data capture issues/trends; non-critical general, operation and technical enquiries
      4. Low - feedback; non-essential system set-up changes, no compliance or cash flow impact.

YOUR ACKNOWLEDGEMENTS

You acknowledge and agree that:

2. 1. Service Levels do not apply to any performance or availability issues arising from:
      1. factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre);
      2. any information technology systems, hardware or software not provided by Springboards.AI;
      3. you utilising the Services contrary to Springboards.AI's advice (including any policies or guidelines provided to you);
      4. during or with respect to a preview, pre-release, beta test or trial versions of the Services or the Platform (including any particular feature);
      5. any action or inaction by you or any Authorised User contrary to a reasonable request from Springboards.AI in relation to an issue; or
      6. your failure to maintain and following appropriate security practices,
   2. Springboards.AI cannot guarantee that all issues, problems or security threats will be identified;
   3. the final Services may differ from initial diagnosis; and
   4. the priority levels are determined at Springboards.AI's sole discretion.

DOWNTIME

3. 1. Service Levels are indicative only, and if Springboards.AI is not able to meet a Service Level set out in this clause, for any reason, you will not have any claim for delay, although Springboards.AI will use its best endeavours to respond to or resolve the relevant issue as soon as possible; and
   2. Springboards.AI will use its best endeavours to provide the Client with at least 8 hours' prior notice of any downtime.

SUPPORT SERVICE HOURS AND CONTACT METHODS

4. 1. Unless otherwise set out in this Schedule 1, the Support Services will be available from 9am - 5pm (AEST, AEDT and EST, EDT) on Business Days (Business Hours).
   2. All Response Times and Resolutions Targets do not include any time that falls outside Business Hours.
   3. Support Services can be accessed via the following methods:

   Assistance Method	Details
   Email	hello@springboards.ai