Terms of Service
Sunny AIOS — Sunburnt AI Pty Ltd (ABN 61 690 890 825)
Effective Date: 17 May 2025 | Last Updated: 17 May 2025
Terms
of
Service
Sunny AIOS — Sunburnt AI Pty Ltd (ABN 61 690 890 825)
Effective Date: 17 May 2025 | Last Updated: 17 May 2025
1. Parties and Agreement
1. Parties and Agreement
These Terms of Service ("Terms") form a legally binding agreement between Sunburnt AI Pty Ltd (ABN 61 690 890 825) ("Sunburnt AI", "we", "us", "our") and the entity or individual ("Client", "you") accessing or using the Sunny AIOS platform ("Platform").
By clicking 'Accept', completing a subscription, or otherwise accessing the Platform, you confirm that you have the authority to bind your organisation to these Terms.
These Terms of Service ("Terms") form a legally binding agreement between Sunburnt AI Pty Ltd (ABN 61 690 890 825) ("Sunburnt AI", "we", "us", "our") and the entity or individual ("Client", "you") accessing or using the Sunny AIOS platform ("Platform").
By clicking 'Accept', completing a subscription, or otherwise accessing the Platform, you confirm that you have the authority to bind your organisation to these Terms.
2. The Platform
2. The Platform
Sunny AIOS is an AI Operating System designed for Australian professional services firms. The Platform connects email, CRM, documents, calls, and AI agents to support operational workflows across verticals including law, accounting, migration, financial advice, and advocacy.
The Platform is provided as a software-as-a-service (SaaS) subscription. Access is granted on a per-subscription basis as described in Section 4.
Sunny AIOS is an AI Operating System designed for Australian professional services firms. The Platform connects email, CRM, documents, calls, and AI agents to support operational workflows across verticals including law, accounting, migration, financial advice, and advocacy.
The Platform is provided as a software-as-a-service (SaaS) subscription. Access is granted on a per-subscription basis as described in Section 4.
3. Account Registration and Access
3. Account Registration and Access
To use the Platform, you must:
• Provide accurate and complete registration information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorised access or suspected breach
• Ensure only authorised users within your organisation access the Platform
You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts where we have reason to believe credentials have been compromised.
To use the Platform, you must:
• Provide accurate and complete registration information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorised access or suspected breach
• Ensure only authorised users within your organisation access the Platform
You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts where we have reason to believe credentials have been compromised.
4. Subscription Plans and Pricing
4. Subscription Plans and Pricing
Sunny AIOS is offered on the following subscription tiers:
Sunny AIOS is offered on the following subscription tiers:
Plan
Plan
Description
Description
Users / Scale
Users / Scale
Starter
Starter
Core platform access for small professional services firms
Core platform access for small professional services firms
Up to 5 users
Up to 5 users
Pro
Pro
Full platform features, priority support, expanded integrations
Full platform features, priority support, expanded integrations
Up to 15 users
Up to 15 users
Sovereign
Sovereign
Dedicated infrastructure, enhanced data residency, SLA guarantee
Dedicated infrastructure, enhanced data residency, SLA guarantee
Custom / Enterprise
Custom / Enterprise
Detailed pricing for each plan is published at sunburntai.com.au/sunny-agentic-ai-operating-system. Pricing is in Australian Dollars (AUD) and is exclusive of GST unless stated otherwise.
4.1 Billing and Payment
• Subscriptions are billed monthly or annually in advance, as selected at the time purchase
• Payment is due on the billing date. Overdue accounts may be suspended after 14 days
• We accept payment via credit card and bank transfer (invoice terms available for Sovereign tier)
• GST applies to all subscriptions in accordance with Australian tax law
4.2 Changes to Pricing
We may update subscription pricing with a minimum of 30 days written notice. Price changes take effect at the start of your next billing cycle following the notice period.
Detailed pricing for each plan is published at sunburntai.com.au/sunny-agentic-ai-operating-system. Pricing is in Australian Dollars (AUD) and is exclusive of GST unless stated otherwise.
4.1 Billing and Payment
• Subscriptions are billed monthly or annually in advance, as selected at the time purchase
• Payment is due on the billing date. Overdue accounts may be suspended after 14 days
• We accept payment via credit card and bank transfer (invoice terms available for Sovereign tier)
• GST applies to all subscriptions in accordance with Australian tax law
4.2 Changes to Pricing
We may update subscription pricing with a minimum of 30 days written notice. Price changes take effect at the start of your next billing cycle following the notice period.
5. Acceptable Use
5. Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
• Use the Platform to process data you do not have lawful authority to access
• Attempt to circumvent security controls, access logs, or authorisation mechanisms
• Use the Platform to generate, store, or transmit unlawful, defamatory, or harmful content
• Reverse engineer, decompile, or otherwise attempt to extract source code from the Platform
• Resell, sublicense, or otherwise provide third-party access to the Platform without our written consent
• Use the Platform in a way that could damage, overload, or impair its infrastructure
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
• Use the Platform to process data you do not have lawful authority to access
• Attempt to circumvent security controls, access logs, or authorisation mechanisms
• Use the Platform to generate, store, or transmit unlawful, defamatory, or harmful content
• Reverse engineer, decompile, or otherwise attempt to extract source code from the Platform
• Resell, sublicense, or otherwise provide third-party access to the Platform without our written consent
• Use the Platform in a way that could damage, overload, or impair its infrastructure
6. AI Agents and Action Logging
6. AI Agents and Action Logging
Sunny AIOS includes AI agent functionality that may perform actions on your behalf, including reading, drafting, summarising, and (where explicitly authorised) sending communications or updating records.
All agent actions are logged with a timestamp, the authorising user, and the action performed. Logs are available to authorised administrators. AI agents operate in read-only mode by default; action permissions must be explicitly granted by a human user.
You acknowledge that:
• AI-generated outputs are tools to assist human decision-making, not replacements for professional judgement
• You retain responsibility for reviewing and approving AI-generated content before acting on it
• Sunburnt AI does not provide legal, financial, migration, or other regulated professional advice through the Platform
• The Platform is not a substitute for advice from a qualified professional
7. Data Ownership and Licence
7. Data Ownership and Licence
7.1 Your Data
All data you input into or generate through the Platform ("Client Data") remains your property. We do not claim any ownership rights over Client Data.
You grant us a limited, non-exclusive licence to process Client Data solely for the purpose of providing the Platform services to you.
7.2 No Model Training
We do not use Client Data to train, fine-tune, or improve AI models, whether our own or those of third parties. Your data is yours.
7.3 Data on Termination
On termination or expiry of your subscription, your right to access Client Data through the Platform ceases. You are responsible for exporting any data you require prior to termination. Arrangements for data handover or transition following termination are handled on a case-by-case basis — contact us at contact@sunburntai.com.au to discuss your requirements.
7.1 Your Data
All data you input into or generate through the Platform ("Client Data") remains your property. We do not claim any ownership rights over Client Data.
You grant us a limited, non-exclusive licence to process Client Data solely for the purpose of providing the Platform services to you.
7.2 No Model Training
We do not use Client Data to train, fine-tune, or improve AI models, whether our own or those of third parties. Your data is yours.
7.3 Data on Termination
On termination or expiry of your subscription, your right to access Client Data through the Platform ceases. You are responsible for exporting any data you require prior to termination. Arrangements for data handover or transition following termination are handled on a case-by-case basis — contact us at contact@sunburntai.com.au to discuss your requirements.
8. Confidentiality
8. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party ('Confidential Information') and to use it only for the purposes of this agreement. This obligation does not apply to information that:
• Is or becomes publicly available through no breach of these Terms
• Was already known to the receiving party at the time of disclosure
• Is independently developed without reference to Confidential Information
• Is required to be disclosed by law or regulatory authority
Each party agrees to keep confidential any non-public information received from the other party ('Confidential Information') and to use it only for the purposes of this agreement. This obligation does not apply to information that:
• Is or becomes publicly available through no breach of these Terms
• Was already known to the receiving party at the time of disclosure
• Is independently developed without reference to Confidential Information
• Is required to be disclosed by law or regulatory authority
9. Intellectual Property
9. Intellectual Property
All rights in and to the Platform, including software, algorithms, user interface, documentation, and branding, remain the exclusive property of Sunburnt AI Pty Ltd. These Terms do not transfer any intellectual property rights to you.
Your subscription gives you a limited, non-exclusive, non-transferable right to access and use the Platform during your subscription term.
All rights in and to the Platform, including software, algorithms, user interface, documentation, and branding, remain the exclusive property of Sunburnt AI Pty Ltd. These Terms do not transfer any intellectual property rights to you.
Your subscription gives you a limited, non-exclusive, non-transferable right to access and use the Platform during your subscription term.
`10. Privacy
`10. Privacy
Our collection and handling of personal information is governed by our Privacy Policy, available at sunburntai.com.au/privacy. The Privacy Policy forms part of these Terms and is incorporated by reference.
Both parties agree to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with any personal information processed through the Platform.
Our collection and handling of personal information is governed by our Privacy Policy, available at sunburntai.com.au/privacy. The Privacy Policy forms part of these Terms and is incorporated by reference.
Both parties agree to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with any personal information processed through the Platform.
`11. Security and Compliance
`11. Security and Compliance
We implement reasonable technical and organisational security measures to protect the Platform and Client Data. These include encryption in transit and at rest, role-based access controls, and regular security reviews.
You are responsible for ensuring that your use of the Platform complies with applicable laws and your own professional obligations, including those relevant to your industry (e.g. obligations under the Legal Profession Act, Tax Agent Services Act, Migration Act, or National Consumer Credit Protection Act).
We implement reasonable technical and organisational security measures to protect the Platform and Client Data. These include encryption in transit and at rest, role-based access controls, and regular security reviews.
You are responsible for ensuring that your use of the Platform complies with applicable laws and your own professional obligations, including those relevant to your industry (e.g. obligations under the Legal Profession Act, Tax Agent Services Act, Migration Act, or National Consumer Credit Protection Act).
`12. Platform Availability
`12. Platform Availability
We aim to maintain high Platform availability but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where practical. Sovereign tier clients receive a dedicated SLA as specified in their order documentation.
We are not liable for downtime caused by third-party infrastructure providers, force majeure events, or actions outside our reasonable control.
We aim to maintain high Platform availability but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where practical. Sovereign tier clients receive a dedicated SLA as specified in their order documentation.
We are not liable for downtime caused by third-party infrastructure providers, force majeure events, or actions outside our reasonable control.
`13. Limitation of Liability
`13. Limitation of Liability
To the maximum extent permitted by Australian law:
• Our total liability to you for any claim arising under or in connection with these Terms is limited to the fees paid by you in the three (3) months preceding the event giving rise to the claim
• We are not liable for indirect, consequential, special, or punitive loss, including loss of revenue, loss of data, or loss of business opportunity
• Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded by law
Australian Consumer Law rights that cannot be excluded apply. These Terms do not attempt to exclude them.
`14. Warranties and Disclaimers
`14. Warranties and Disclaimers
We warrant that we will provide the Platform with reasonable care and skill. We do not warrant that:
• The Platform will be error-free or uninterrupted
• AI-generated outputs will be accurate, complete, or fit for any particular professional purpose
• The Platform will meet regulatory requirements specific to your industry without appropriate configuration and human oversight
You acknowledge that AI technology is evolving and that outputs require human review before being relied upon in professional contexts.
We warrant that we will provide the Platform with reasonable care and skill. We do not warrant that:
• The Platform will be error-free or uninterrupted
• AI-generated outputs will be accurate, complete, or fit for any particular professional purpose
• The Platform will meet regulatory requirements specific to your industry without appropriate configuration and human oversight
You acknowledge that AI technology is evolving and that outputs require human review before being relied upon in professional contexts.
`15. Term and Termination
`15. Term and Termination
15.1 Term
These Terms commence on the date you first access the Platform and continue for the duration of your active subscription.
15.2 Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods unless required by law.
15.3 Termination by Us
We may suspend or terminate your access if:
• You breach these Terms and fail to remedy the breach within 14 days of written notice
• Payment is overdue and remains unpaid following written notice — timing of suspension or termination is at our reasonable discretion based on the circumstances
• We are required to do so by law or regulatory authority
• We reasonably believe your use of the Platform poses a security or legal risk
15.4 Effect of Termination
On termination, your right to access the Platform ceases immediately. Sections relating to data ownership, intellectual property, confidentiality, limitation of liability, and governing law survive termination.
15.1 Term
These Terms commence on the date you first access the Platform and continue for the duration of your active subscription.
15.2 Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods unless required by law.
15.3 Termination by Us
We may suspend or terminate your access if:
• You breach these Terms and fail to remedy the breach within 14 days of written notice
• Payment is overdue and remains unpaid following written notice — timing of suspension or termination is at our reasonable discretion based on the circumstances
• We are required to do so by law or regulatory authority
• We reasonably believe your use of the Platform poses a security or legal risk
15.4 Effect of Termination
On termination, your right to access the Platform ceases immediately. Sections relating to data ownership, intellectual property, confidentiality, limitation of liability, and governing law survive termination.
`16. Governing Law and Disputes
`16. Governing Law and Disputes
These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
In the event of a dispute, the parties agree to attempt to resolve the matter through good-faith negotiation before commencing legal proceedings. Where negotiation does not resolve the dispute, the parties may agree to refer the matter to mediation before a mutually agreed mediator. The timeframe and process for dispute resolution will be agreed between the parties having regard to the nature and complexity of the dispute.
These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
In the event of a dispute, the parties agree to attempt to resolve the matter through good-faith negotiation before commencing legal proceedings. Where negotiation does not resolve the dispute, the parties may agree to refer the matter to mediation before a mutually agreed mediator. The timeframe and process for dispute resolution will be agreed between the parties having regard to the nature and complexity of the dispute.
`17. Changes to These Terms
`17. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes via email or in-platform notification at least 14 days before the changes take effect. Continued use of the Platform after the updated Terms take effect constitutes acceptance.
We may update these Terms from time to time. We will notify you of material changes via email or in-platform notification at least 14 days before the changes take effect. Continued use of the Platform after the updated Terms take effect constitutes acceptance.
`18. General Provisions
`18. General Provisions
• Entire agreement: These Terms, together with the Privacy Policy and any order documentation, constitute the entire agreement between the parties in relation to the Platform
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force
• Waiver: Failure to enforce any provision does not constitute a waiver of our rights
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a related entity or successor
• Notices: Notices must be sent to the contact details specified in your account or to the addresses below
• Entire agreement: These Terms, together with the Privacy Policy and any order documentation, constitute the entire agreement between the parties in relation to the Platform
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force
• Waiver: Failure to enforce any provision does not constitute a waiver of our rights
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a related entity or successor
• Notices: Notices must be sent to the contact details specified in your account or to the addresses below
`19. Contact
`19. Contact
For questions about these Terms:
Legal Enquiries
Sunburnt AI Pty Ltd
Email: contact@sunburntai.com.au
Website: sunburntai.com.au
For questions about these Terms:
Legal Enquiries
Sunburnt AI Pty Ltd
Email: contact@sunburntai.com.au
Website: sunburntai.com.au