Terms of Service

1. Agreement

These Terms govern your access to the Nesika AI platform, APIs, and related services ("Services") provided by Nesika AI Pty Ltd ("Nesika"). Enterprise customers with an executed Master Subscription Agreement ("MSA") are governed by that MSA, which prevails over these Terms to the extent of any inconsistency.

2. Accounts

You must provide accurate registration information and keep credentials secure. You are responsible for all activity under your account.

3. Subscription and Fees

Fees, data-point allocations, and term length are set out in your Order Form. Fees are billed monthly in advance unless otherwise agreed. Overage is billed at the rate in your Order Form. All fees are exclusive of GST and payable within 30 days.

4. Acceptable Use

You must not:

• Reverse engineer the Services
• Resell access without consent
• Use the Services to infringe third-party rights
• Circumvent rate limits or security controls
• Build a competing product

5. Data

You retain ownership of Customer Data you submit. You grant Nesika a licence to process it solely to provide and improve the Services. Nesika owns all market data, match outputs, and aggregated insights generated by the platform.

6. Confidentiality

Each party must protect the other's confidential information with reasonable care.

7. Service Levels

Uptime and freshness SLAs are published at /platform/architecture. Service credits are the sole remedy for SLA breaches.

8. Warranty and Liability

The Services are provided "as is" to the maximum extent permitted by law. Nothing excludes rights under the Australian Consumer Law that cannot lawfully be excluded. Nesika's aggregate liability is capped at fees paid in the 12 months preceding the claim. Neither party is liable for indirect or consequential loss.

9. Termination

Either party may terminate for material breach not cured within 30 days of written notice. On termination, Customer Data is deleted within 90 days unless retention is legally required.

10. Governing Law

New South Wales, Australia. Courts of NSW have exclusive jurisdiction.