Terms of Service

Effective date: [EFFECTIVE DATE] · Provider: [LEGAL ENTITY NAME] (ABN [ABN]), [REGISTERED ADDRESS](“Optiva”, “we”, “us”)

These terms govern your (“the Client”) use of the Optiva Solutions platform (the “Service”). By using the Service you agree to them.

1. The Service

Optiva provides AI-assisted workflow automation for small businesses — email handling, quoting, invoicing and receivables, appointments, lead qualification, customer support, review replies, bookkeeping intake, and related features. Features depend on the Client’s plan and on the third-party accounts the Client chooses to connect.

2. Accounts & access

The Client is responsible for its account, its users, and keeping credentials secure. Roles (owner/admin/member) control access. The Client must not share access beyond its organisation or attempt to access another tenant’s data.

3. AI-generated content — human review

The Service uses AI to draft content (replies, quotes, classifications, summaries). Drafts are suggestions that the Client reviews and approves before anything is sent or acted upon, except where the Client explicitly enables an automation to act. Deterministic calculations (tax, GST, payroll) are computed by rules, not by the AI, but remain estimates the Client is responsible for verifying against current ATO requirements. The Client is responsible for content it sends and decisions it makes.

4. Acceptable use

The Client must use the Service lawfully and must not:

  • send spam or unlawful communications;
  • upload malware or attempt to breach security or tenant isolation;
  • infringe others’ rights;
  • use the Service to process data it has no right to process.

The Client must have a lawful basis and any required consents for the personal information it puts through the Service.

5. Client data & privacy

The Client retains ownership of its data. We process it to provide the Service, as described in the Privacy Policy and the Sub-processors list. The Client grants us the limited rights needed to host and process its data for those purposes.

6. Third-party connections

When the Client connects a third-party account (mail, calendar, accounting ledger, Google Business Profile), use of that third party is also subject to that third party’s terms. We are not responsible for third-party services, their availability, or their changes.

7. Fees

Fees are per the Client’s plan. [BILLING TERMS — frequency, GST treatment, late payment, price changes]

8. Availability & support

We aim to keep the Service available but do not guarantee uninterrupted operation. Maintenance, third-party outages, or factors beyond our control may cause downtime. Support is provided per the plan.

9. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where liability can be limited, our liability is limited to re-supplying the Service or the cost of re-supply.

10. Liability

To the extent permitted by law, we are not liable for indirect or consequential loss, lost profits, or loss of data, and our total liability is limited as stated in §9 and capped at [LIABILITY CAP]. The Client is responsible for verifying AI-assisted outputs (see §3).

11. Suspension & termination

We may suspend or terminate access for breach of these terms or non-payment. The Client may stop using the Service and delete its account at any time (Settings → Privacy). On termination, the Client should export any data it wishes to keep before deletion.

12. Changes

We may update these terms; the current version is always available at this page. Continued use after a material change constitutes acceptance.

13. Governing law

These terms are governed by the laws of [STATE — e.g. Queensland], Australia, and the parties submit to the courts of that jurisdiction.

14. Contact