Terms of Service

1. Terms of Service

Updated 13 July 2026

These Terms apply when you use the services of Wholegrain Pty Ltd (ABN 70 672 897 595) or our affiliates, including our software, tools, data, documentation, websites and mobile application ("Services"). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Statement explains how we collect and use personal information.

2. Registration and Access

2.1 Authority and eligibility — If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must be at least 18 years of age to use the Services. By using the Services, you represent that you meet these requirements.

2.2 Account information — You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organisation, and you are responsible for all activities that occur using your credentials.

3. Usage Requirements

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of agents, models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with Wholegrain; (iv) scrape, crawl, mine or otherwise extract data from the Services in an automated or systematic way; or (v) introduce malware, viruses or other harmful code to the Services. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by Wholegrain.

(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

4. Content

(a) Your Content. You may provide input to the Services ("Input"), and receive output generated and returned by the Services based on the Input ("Output"). Input and Output are collectively "Content." As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Wholegrain hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Wholegrain may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output. Responses that are requested by and generated for other users are not considered your Content.

(c) Use of Content to Improve Services. We do not use Content that you provide to or receive from Wholegrain to develop or improve our Services.

(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

5. Fees and Payments

(a) Fees and Billing. You will pay all fees charged to your account ("Fees") according to the prices, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. Payments are nonrefundable except as provided in this Agreement or where a refund is required by law (including the Australian Consumer Law).

(b) Credits. The Services may be purchased using pre-paid credits acquired through our website. Credits are sold through our website only and not through any app store in-app purchase system. Credits have no monetary value outside the Services, do not expire unless stated otherwise, and are nonrefundable except where required by law. Credits are deducted from your account as you use the Services, according to the published credit consumption rates.

(c) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income. Wholegrain uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

(d) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

(e) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@wholegrain.app within thirty (30) days of the date of the disputed invoice. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

6. Confidentiality, Security and Data Protection

(a) Confidentiality. You may be given access to Confidential Information of Wholegrain, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Wholegrain or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Wholegrain and use reasonable efforts to limit the scope of disclosure.

(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Wholegrain and provide details of the vulnerability or breach.

(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. Our Privacy Statement describes how we handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

7. Term and Termination

(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days' advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 3 (Usage Requirements), 6 (Confidentiality, Security and Data Protection), 9 (Dispute Resolution) or 11 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 4 and 6–11.

8. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer. The Services are provided "as is." Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the Services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. We do not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

(c) Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any non-excludable guarantees, rights or remedies you have under the Australian Consumer Law or any other applicable law. Where any liability of Wholegrain for a breach of a non-excludable guarantee is capable of being limited, that liability is limited, at our option, to resupplying the Services or paying the cost of having the Services resupplied.

(d) Limitations of Liability. Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these Terms shall not exceed the greater of the amount you paid for the Service that gave rise to the claim during the 30 days before the liability arose or one thousand Australian dollars (AU$1000). The limitations in this section apply only to the maximum extent permitted by applicable law.

9. Dispute Resolution

The following dispute resolution provisions apply:

(a) Informal Dispute Resolution. Before filing a claim against Wholegrain, you agree to try to resolve the dispute informally by sending us notice at support@wholegrain.app of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(b) Jurisdiction. Subject to any non-waivable rights, disputes relating to these Terms or our Services will be resolved in the courts of Victoria, Australia, and the parties submit to the exclusive jurisdiction of those courts.

(c) Exceptions. This section does not prevent either party from seeking injunctive or other equitable relief to stop unauthorised use or abuse of the Services or intellectual property infringement, or from bringing individual claims in a small claims or equivalent tribunal where permitted.

10. Apple App Store

This Section 10 applies only where you access the Services through the Wholegrain mobile application distributed by Apple through the Apple App Store ("App Store App").

(a) Apple’s EULA. Your use of the App Store App is also subject to Apple’s then-current End User License Agreement (EULA) for the App Store, which governs the software. To the extent of any conflict between Apple’s EULA and these Terms as they apply to the App Store App, Apple’s EULA takes precedence in respect of the software, and these Terms take precedence in respect of the Services.

(b) Apple is not a party. You acknowledge that Apple is not a party to these Terms, has no obligation or liability to you in connection with the Services or these Terms, and is not responsible for providing any maintenance or support services for the Services.

(c) Compliance. You will comply with all applicable third-party terms of agreement when using the Services through the App Store App.

(d) No in-app purchases. Credits and other paid features of the Services are purchased through our website only, not through Apple’s in-app purchase system. Apple is not responsible for any credits or fees you pay to Wholegrain.

11. General Terms

(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Wholegrain or any of Wholegrain's affiliates. Wholegrain and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.

(b) Use of Brands. You may not use Wholegrain's name and logo without written consent.

(c) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to support@wholegrain.app. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

(d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

(e) Modifications. We may amend these Terms from time to time by posting a revised version on the website. If an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

(f) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Wholegrain accepts service of process at this address: support@wholegrain.app.

(g) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Wholegrain and its affiliates, and Wholegrain shall have the right to seek injunctive relief against you in addition to any other legal remedies.

(h) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and Wholegrain regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Wholegrain on that subject.

(i) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of Victoria, Australia. Except as provided in the "Dispute Resolution" section, all claims arising out of or relating to these Terms will be brought exclusively in the courts of Victoria, Australia.

(j) Sanctions and Export Compliance. You must not use, export, re-export, or transfer the Services or any Content in violation of Australian sanctions laws, including the Autonomous Sanctions Act 2011 (Cth), the Charter of the United Nations Act 1945 (Cth), and any regulations made under them, or in violation of any other applicable trade or export-control laws. You represent that you are not located in, or under the control of, any country or person that is the target of Australian autonomous sanctions or United Nations Security Council sanctions.