Terms & Conditions

1. About Awardee and these Terms

1.1 Website and Service. Welcome to www.awardee.com.au, www.awardee.com, members.awardee.com.au, feedback.awardee.com.au and www.award.ee (the Website). The Website provides access to Awardee's customer-service software platform and related features (the Service).

1.2 Provider. The Service is operated by Awardee Pty Ltd (ABN/ACN 653 151 074) of Ground Floor 477 Boundary Street, Spring Hill, Queensland 4000, Australia (Awardee, we, us).

1.3 Agreement. By accessing or using the Website or Service, you agree to be bound by these Terms. If you do not agree, you must not use the Website or Service.

1.4 Updates. We may update these Terms from time to time. If changes are material, we will provide reasonable prior notice (for example by email or in-app notice). Updated Terms apply from the stated effective date.

2. Definitions

In these Terms:

• Customer means the business purchasing a subscription to the Service.
• End User means a Customer's customer or other third party who uses the Service via the Customer's QR codes, links, or embedded experiences.
• Location means a distinct business site or venue under a Customer's account.
• Tool means a Customer support hub/AI support experience deployed for a Location.
• AI Chats means automated interactions between End Users and the AI Assistant.
• Customer Content means any data, text, images, documents, manuals, menus, branding, or other content uploaded or provided by a Customer for use in the Service.
• Outputs means responses, transcripts, analytics, or other results generated by the Service.
• Third-Party Services means services not controlled by Awardee, including Paddle, Ontraport, Zapier, Cloudinary, Slack, Google, QR APIs, OpenAI, and Bl.ink.
• Sub-processors means Third-Party Services that process data on Awardee's behalf.
• Beta Features means features labelled beta, preview, early access, experimental, or similar.

3. The Service

3.1 Core SaaS offering. Awardee provides a customer service platform that allows Customers to:

• deploy branded QR codes and links for Locations and Tools;
• provide End Users with a branded mobile help page / support hub;
• enable End Users to access an AI Assistant trained on Customer Content to answer questions in multiple languages;
• allow End Users to submit messages, photos, ratings, or feedback when AI cannot assist; and
• have those messages relayed to Customer-designated staff contacts via email and/or SMS.

3.2 Trial. We may provide a 30-day trial for a Customer's first Location with full access to the Service. At the end of the trial, the Customer must subscribe to continue access.

3.3 Service evolution. We may add, modify or discontinue features to improve the Service or comply with law. We are not obligated to maintain any specific feature, provided the core Service remains materially available.

3.4 Ancillary human support. Awardee is primarily SaaS software. We may provide optional human support to assist Customers with setup or usage. Human support is ancillary, not sold separately, and does not change the nature of Awardee as a software product.

3.5 Complimentary setup support (best efforts). Any assistance Awardee provides in setting up accounts, pre-loading Customer Content, or making updates on a Customer's behalf is complimentary and provided on a best-efforts basis. Customers must review and approve all pre-loaded or edited content and remain solely responsible for its accuracy, completeness, and suitability.

3.6 Beta Features. We may offer Beta Features from time to time. Beta Features are provided "as is," may be modified or discontinued at any time, and are not guaranteed to be available or error-free.

4. Complimentary Physical Deliverables

4.1 Not sold or billed. From time to time, Awardee may offer Customers optional physical items such as printed QR badges, stickers, or signs (Physical Deliverables). These Physical Deliverables are complimentary, optional, and not charged for, billed for, or sold as part of any Paddle transaction or subscription fee. Physical Deliverables are offered at Awardee's discretion and may be modified or discontinued at any time without notice.

4.2 Separate from Service. Physical Deliverables are not part of the paid Service, are not required to use the Service, and are not included in any Service warranties or guarantees.

4.3 Third-party fulfilment. Physical Deliverables are produced and shipped by third-party suppliers. Awardee does not control production or delivery timeframes. Any estimated timeframes are indicative only.

4.4 No liability. To the maximum extent permitted by law, Awardee is not liable for delays, defects, loss, or non-delivery of Physical Deliverables. Customers remain responsible for approving brand details and placement decisions.

5. Eligibility, Accounts and Security

5.1 Business use. The Service is offered to business Customers only (B2B). Any individual using the Service on behalf of a Customer represents they have authority to bind that Customer.

5.2 End Users. End Users access the Service through a Customer deployment and are not contracting parties. End Users must comply with Section 8 (Acceptable Use).

5.3 Account creation. Customers may create accounts through self-service signup or presetup by Awardee. Customers must provide accurate, current information.

5.4 Account security. Customers are responsible for safeguarding login credentials and all activity under their account. Customers must promptly notify Awardee of unauthorized access or security breaches.

5.5 No sharing. Customers must not share accounts outside their organization or allow unauthorized third-party access.

6. License Grant and Permitted Use

6.1 License. During a valid subscription, Awardee grants the Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its internal business purposes.

6.2 Restrictions. Customers and End Users must not:

• copy, sell, resell, rent or distribute the Service;
• reverse engineer, decompile, or attempt to derive source code or underlying models;
• interfere with security or integrity of the Service;
• use the Service to develop competing products;
• use the Service for unlawful, harmful, or prohibited industry purposes.

7. End Users, Deployment and Customer Responsibility

7.1 End User access. End Users may access the Service without accounts via Customer QR codes, links, or embeds.

7.2 Deployment responsibility. Customers are responsible for:

• (a) where and how they deploy the Service to End Users;
• (b) verifying QR code placements, destinations, and linked business information before making them available to End Users;
• (c) ensuring nominated staff contacts, emails, and phone numbers are correct and operational;
• (d) all End User access to and use of the Service via the Customer's deployment;
• (e) all AI Chats and other usage generated through the Customer's deployment of the Service (including via QR codes, links, embeds, or other access points), whether such usage is generated by End Users, automated traffic, bots, or other third parties. Customers acknowledge that deployment may result in consumption of included AI Chats and overage charges, and Customers remain liable for those charges; and
• (f) ensuring End Users are informed that responses are automated and may be inaccurate, and that End Users should verify critical information.

7.3 Privacy compliance for End Users. Customers are responsible for determining what notices, consents, and privacy disclosures are required for End Users in their jurisdictions. Customers act as the data controller (or equivalent) for any End User data collected through their deployment of the Service, and Awardee acts as a processor/service provider only to the extent such data is processed. Awardee processes End User data only on the Customer's documented instructions and solely to provide the Service. Customers must ensure they have all lawful bases and consents required for End User data and for any international transfer of such data.

7.4 End User agreement. By accessing or using the Service (including via a Customer's QR code, link, or embed), each End User agrees to comply with these Terms to the extent applicable to End Users, and acknowledges Awardee may enforce Sections 6, 8, 9, 10 and 24 directly against End Users where relevant.

8. Acceptable Use and Prohibited Industries

8.1 The Service must be used lawfully. Customers and End Users must not use the Service:

• for fraud, deception, harassment, stalking, hate, or threats;
• to upload or transmit illegal, infringing, pornographic, exploitative, or nude content;
• to collect or process End User personal data through the Service unless legally authorised;
• to overwhelm, probe, scan, or compromise Service infrastructure;
• in prohibited industries including pornography, gambling, illegal drugs, or any business that risks material harm to Awardee's reputation or compliance obligations.

8.2 Awardee may determine prohibited industries at its reasonable discretion and publish updates from time to time.

8.3 We may suspend or terminate access immediately for serious or repeated breaches.

8.4 Sanctions / export compliance. Customers must not use the Service in violation of applicable export controls, trade sanctions, or embargo laws. Awardee may suspend access where required to comply with such laws.

9. Customer Content

9.1 Ownership. Customers retain all rights in Customer Content. Awardee does not acquire ownership of Customer Content.

9.2 License to Awardee. Customers grant Awardee a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, translate, and display Customer Content solely to:

• provide, maintain, and improve the Service;
• generate Outputs for Customers and End Users; and
• create de-identified or aggregated data for analytics and product improvement.

9.3 Customer warranties. Customers warrant that:

• they own or have all rights necessary to upload and license Customer Content (including any third-party manuals, images, or documents);
• Customer Content does not infringe third-party rights or law;
• Customer Content does not include End User personal or sensitive data unless the Customer is legally entitled to provide it.

Awardee relies on these warranties. Customers acknowledge Awardee does not verify ownership or licensing of Customer Content and is not responsible for determining whether Customer Content infringes third-party rights.

9.4 Sensitive data. The Service is not designed to process sensitive personal data (health data, government IDs, payment data, biometrics, etc.). If a Customer uploads such data, they do so at their own risk and are solely responsible for compliance.

9.5 Removal. We may remove or disable Customer Content we reasonably believe is illegal, infringing, unsafe, or violates these Terms.

9.6 Indemnity for content. Customers indemnify Awardee for any claim that Customer Content infringes rights or violates law. This indemnity applies regardless of whether Customer Content is used for AI training, display, messaging, or any other Service function.

9.7 Preloaded and Awardee-sourced content.

• (a) To help Customers get started, Awardee may preload or suggest content for the Customer's AI and help pages using publicly available information or materials provided by the Customer (Preloaded Content).
• (b) Customers acknowledge that Preloaded Content may be incomplete, inaccurate, outdated, or may not reflect the Customer's preferred wording or rights position.
• (c) Customers must promptly review all Preloaded Content made available in their account and notify Awardee if any Preloaded Content is incorrect, misleading, unsuitable, or alleged to infringe any third-party rights.
• (d) Customers remain solely responsible for ensuring that all Customer Content and Preloaded Content used in the Service is accurate, lawful, and non-infringing. If a Customer continues to use Preloaded Content after it is made available for review, the Customer is deemed to have approved it for use in the Service.

10. AI Features and Outputs

10.1 Automated nature. The AI Assistant produces automated Outputs based on Customer Content and third-party AI services.

10.2 No guarantee of accuracy. Outputs may be incomplete, incorrect, or inappropriate. Outputs are provided for convenience and are not professional advice. Customers and End Users must not rely on Outputs as the sole basis for decisions.

10.3 Customer responsibility. Customers are responsible for AI training inputs, customization settings, and lawful use of AI Outputs in their business.

10.4 Prohibited AI misuse. Customers and End Users must not attempt to:

• extract models/system prompts;
• scrape or harvest Outputs at scale;
• bypass safeguards;
• use AI to generate unlawful or harmful content.

11. Plans, Usage Limits, Tools and Overages

11.1 Subscription structure. Subscriptions are based on:

• number of Locations;
• number of Tools per Location; and
• AI Chats included per Location per month.

11.2 Limits. Each Location includes:

• one (1) Tool; and
• up to 1,000 AI Chats per month.

11.3 Additional Tools / Locations. Customers may add Tools or Locations at any time. Additional subscription charges will be prorated and added to the next invoice. Prorated charges apply for the remainder of the current billing period and remain payable even if the Customer cancels before period end.

11.4 Overages. AI Chats beyond the included monthly allocation are charged in arrears at the end of the billing cycle. Customer responsibility. All AI Chat usage generated through Customer deployment is billable to the Customer, including excess usage billed as overages.

11.5 Billing definitions. Awardee may reasonably determine what constitutes a Location or Tool for billing consistent with the product description and pricing page.

11.6 Usage monitoring. Awardee may monitor usage to verify compliance with plan limits and billing.

12. Billing, Payments, Taxes (Paddle Merchant of Record)

12.1 Merchant of Record. All purchases are processed by Paddle.com Market Ltd (or its affiliates) as Merchant of Record. Your purchase and payment obligations are owed to Paddle, and Paddle's buyer terms and privacy practices apply to checkout, billing, tax handling and refunds. Paddle handles checkout, payment processing, tax calculation/collection, invoicing, and refund processing.

12.2 Auto-renewal. Subscriptions renew automatically each monthly billing period unless cancelled before renewal.

12.3 Failed payments. Paddle may retry failed payments according to its standard dunning process. If payment is not successfully collected within a reasonable period, we may suspend or terminate access until amounts are paid.

12.4 Price changes. We may change subscription pricing, Tool pricing, or overage rates with at least 30 days' prior notice, applying from the next billing cycle.

12.5 Discount codes. Discount codes may be offered subject to stated conditions and may be withdrawn at any time. Unless required by law, discounts do not create additional refund rights.

13. Refund Policy

13.1 14-day refund window. Customers may request a full refund of base subscription fees within fourteen (14) days of: (a) the initial purchase of a subscription for a Location; or (b) any subscription renewal.

13.2 Add-ons. If a Customer adds an additional Tool or Location, a refund for that add-on may be requested within 14 days of that add-on purchase.

13.3 No refunds for usage incurred. Refunds do not apply to AI Chat overage charges already incurred during the billing period.

13.4 How refunds are processed. Refunds are processed through Paddle to the original payment method. Customers may request refunds via Paddle Buyer Support (link in receipt) or by emailing support@awardee.com.au.

13.5 After 14 days. After the 14-day window, refunds are not available except where required by applicable law.

14. Third-Party Services, Sub-processors and Integrations

14.1 Third-Party Services. The Service depends on Third-Party Services. Their terms may apply to your use.

14.2 No liability for third parties. Awardee is not responsible for Third-Party Services, including outages, changes, or discontinuation.

14.3 Sub-processors. Awardee uses Sub-processors to deliver the Service. A current list is available on request. We may add or replace Sub-processors and will remain responsible for their performance to the extent required by law.

14.4 We may add, modify, or remove integrations at any time.

15. Availability, Maintenance and Support

15.1 No SLA / no uninterrupted guarantee. We do not provide a guaranteed uptime SLA. We use commercially reasonable efforts to keep the Service available, but do not guarantee uninterrupted or error-free access.

15.2 Maintenance. We may perform scheduled or emergency maintenance that may temporarily affect availability.

15.3 Support. Support is available via email and in-app chat during Australian business hours (8am–5pm AEST/AEDT, Monday–Friday). Response times are targets only, not guarantees. Any support or content-update timeframes provided are estimates only. Changes may take time to publish across caches, QR destinations, or Third-Party Services.

15.4 Message relay limitations. SMS/email relays depend on telecommunications and email providers. We do not guarantee delivery timeframes for relayed messages, and Customers are responsible for monitoring their nominated channels.

15.5 Device / network dependency. End User access depends on their devices, scanners, browsers, and network connectivity. Awardee does not guarantee compatibility with all devices or third-party scanning systems.

16. Security and Breach Notification

16.1 Safeguards. We maintain commercially reasonable administrative, technical and organisational safeguards to protect the Service and Customer Content.

16.2 Breach notice. If we become aware of a material security breach affecting Customer Content, we will notify the Customer within a reasonable time and provide information we reasonably have about the breach and mitigation steps.

16.3 No absolute security. While Awardee maintains commercially reasonable safeguards, no system is completely secure. Awardee does not guarantee that unauthorised access, hacking, or data loss will never occur.

17. Suspension and Termination

17.1 Customer cancellation. Customers may cancel at any time through their account dashboard or by contacting support. Cancellation takes effect at the end of the current billing period.

17.2 Termination for cause. We may suspend or terminate access immediately if we reasonably believe there is illegal use, fraud, abuse, security risk, prohibited industry use, or material breach.

17.3 Effect of termination. On termination:

• access ends immediately or at period end (as applicable);
• Customers remain responsible for all fees accrued to termination;
• survival: IP, confidentiality, disclaimers, liability limits, indemnities, disputes, and governing law survive.

18. Data Retention, Export and Deletion

18.1 Export. Customers may export Customer Content and account data where export features are made available.

18.2 Retention. After termination, we may retain Customer Content for up to 90 days to allow export or account reactivation.

18.3 Deletion. After the retention period, Customer Content will be deleted or de-identified, unless retention is required for legal, security, or dispute reasons. Deleted data may persist in secure backups for a limited period and will not be restored except for legitimate disaster recovery.

19. GS1 / Barcode Inputs

19.1 Customers are responsible for ensuring any GTIN/EAN/GS1 data they provide is accurate and authorised for use. Awardee does not guarantee acceptance of GS1-style QR codes by third-party point-of-sale systems, scanners, or regulators in any specific country. Customers are also responsible for testing and approving any QR codes (and their scan destinations) before printing or distributing packaging or other materials that include them.

20. Intellectual Property

20.1 Awardee IP. Awardee owns all rights in the Service, Website, software, branding, and related IP.

20.2 No rights granted. Except for the license in Section 6, no IP rights are transferred.

20.3 Trademarks. Customers must not use Awardee trademarks without prior written consent.

20.4 Customer logos. Customers grant Awardee permission to display their business name and logo as a factual customer reference on Awardee's website, marketing materials, or case studies, unless the Customer opts out by written notice to support@awardee.com.au. Awardee will not imply Customer endorsement without consent.

21. Confidentiality (B2B)

21.1 Confidential Information means any non-public information disclosed by one party to the other relating to business, technology, customers, pricing, or operations.

21.2 The receiving party must:

• keep Confidential Information secure;
• use it only to perform obligations under these Terms;
• restrict access to staff/contractors with a need to know.

21.3 Exclusions. Confidential Information does not include information that is public, independently developed, or lawfully received from a third party.

21.4 Required disclosures. A party may disclose Confidential Information if required by law, subpoena or regulator, provided it gives reasonable notice where lawful.

21.5 These confidentiality obligations survive for 3 years after termination. Trade secrets remain confidential for as long as they remain trade secrets.

22. Marketing and Communications

22.1 Customers consent to receive service communications and product updates. Customers may opt out of marketing communications at any time via unsubscribe links or by contacting support.

22.2 Customers grant Awardee permission to request and use testimonials and reviews, unless the Customer notifies Awardee in writing that they do not consent.

23. Disclaimers

23.1 The Service is provided "as is" and "as available."

23.2 To the maximum extent permitted by law, Awardee disclaims all warranties not expressly stated, including fitness for purpose, non-infringement, and uninterrupted availability.

23.3 Non-excludable rights. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot be excluded under applicable law. Where liability cannot be excluded, it is limited to the minimum extent permitted.

24. Limitation of Liability

24.1 Awardee is not liable for indirect, consequential, special, punitive or exemplary damages, loss of profit, revenue, goodwill, reputation, or data.

24.2 To the maximum extent permitted by law, Awardee's total aggregate liability arising from or related to the Service is limited to the subscription fees paid by the Customer to Paddle for the Service in the three (3) months preceding the event giving rise to the claim. This cap applies regardless of the legal theory (contract, tort, negligence, statute, or otherwise). The parties agree this limitation reflects a fair allocation of risk and survives any failure of essential purpose.

24.3 Awardee is not liable for:

• decisions made by Customers or End Users in reliance on AI Outputs;
• Customer deployment choices or End User conduct;
• Third-Party Services outages or failures;
• Physical Deliverables (Section 4);
• loss, disclosure, or compromise of data caused by third-party attacks, Customer systems, End Users, or events outside Awardee's reasonable control, except to the extent required by law;
• QR code, link, or destination errors caused by Customer placement, modification, or misuse.

25. Indemnities

25.1 Customers indemnify Awardee against claims arising from:

• Customer Content infringement or illegality;
• Customer or End User misuse;
• deployment of the Service to End Users;
• claims by End Users related to the Customer's use of the Service.

26. Dispute Resolution

26.1 Parties must first attempt to resolve disputes by good-faith negotiation.

26.2 If unresolved within 28 days, disputes must be mediated in Brisbane, Australia, before court proceedings (except urgent injunctive relief).

26.3 Injunctive relief. Awardee may seek urgent injunctive or equitable relief for breaches of Sections 6, 8, 9, 10, or 20 without first completing mediation.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The courts of Queensland have exclusive jurisdiction.

28. Other Policies

Use of the Service is also subject to our:

• Privacy Policy
• Cookie Policy
• GDPR / Data Processing materials
• Website Disclaimer

Each is incorporated by reference and forms part of these Terms. A Data Processing Addendum (DPA) is available on request.

If there is any inconsistency between these Terms and any incorporated policy, these Terms prevail to the extent of the inconsistency.

29. Force Majeure

Awardee is not responsible for failure or delay caused by events beyond reasonable control, including third-party outages, internet failures, natural disasters, war, terrorism, labour disputes, government action, pandemics, or utility failures.

30. No Third-Party Beneficiaries

These Terms are between Awardee and the Customer only. End Users have no rights under these Terms and are not intended third-party beneficiaries. Any rights End Users may have arise solely against the Customer.

31. Entire Agreement and Severability

31.1 Entire agreement. These Terms and all incorporated policies are the entire agreement between the parties and supersede all prior discussions, representations, or understandings about the Service.

31.2 Severability. If any provision is unenforceable, it is severed to the minimum extent necessary and the remainder remains in effect.

32. Contact

Questions, notices, or refund queries:

Email: support@awardee.com.au