Terms of Use

These terms are an agreement between you and Cactive Pty Ltd (ABN 61 667 172 394) (“Cactive”, “we”, “us”). They cover the Cactive apps on the web and on phones, our browser, our API, MCP server and command-line tools, and cactive.com.au (together, “the services”).

By creating an account or using the services you agree to these terms and to the Acceptable Use Policy and the Online Safety and Community Guidelines, which form part of them. The Privacy Policy explains how we handle personal information. Organisations also agree to the Data Processing Addendum.

• You need to be at least 13 to create an account. If you’re under 18, read these terms with a parent or guardian. Some features have higher ages, as the Online Safety and Community Guidelines explain.
• Give us accurate details, keep your sign-in methods secure, and tell us if someone else gets in.
• You’re responsible for what happens in your account, unless it happens because of our failure.

• If you accept these terms for an organisation, you confirm you can bind it, and “you” includes the organisation.
• An organisation’s owners and administrators control its workspace: who belongs to it, their roles, and what happens to its content. If your account is managed by an organisation, its rules apply too.
• When we handle personal information in an organisation’s workspace, we do so on its behalf under the Data Processing Addendum.
• The Australian Consumer Law protects businesses too, in the circumstances it sets out. Where a separate agreement signed with us conflicts with these terms, that agreement applies.

• Paid plans are billed in advance, every two years (the default), yearly or monthly, in Australian dollars with GST included. The plan, price, billing period and first charge date are shown before you agree.
• A subscription renews automatically at the end of each period, at the same length and price, until you cancel. We charge the payment method you give us, through our payment provider, Stripe.
• A free trial lasts 14 days, is offered once per person or organisation, and needs a payment method. We email you when it starts and again before it ends. If you don’t cancel before it ends, the subscription starts and your first charge is on the date shown.
• Adding or removing users, or changing plan, is charged or credited in proportion on your next invoice; changing billing period is invoiced straight away, less the unused part of your current period.
• If a payment fails, we tell you and retry it. If it still can’t be collected, the subscription ends and access stops as described in Cancelling and refunds.
• Your price stays the same for the life of your subscription unless we tell you of a change at least 30 days before the renewal it applies to. You can cancel before then.

• You can cancel online at any time, with no call or email needed: for an organisation, in Tenant → Billing; for a personal plan, in your account’s Plan & Storage. Cancelling takes effect straight away: access to the paid plan ends and nothing more is charged. Cancelling during a free trial costs nothing.
• We don’t refund the unused part of a period you’ve paid for when you cancel, except where these terms say so or the law requires it.
• When an organisation’s subscription ends, its data is kept for 90 days so it can be exported or the subscription restarted, then deleted. A personal plan returns to the free plan; your files stay, but you can’t add more beyond the free storage.

Nothing in these terms limits a refund or remedy you’re entitled to under the Australian Consumer Law.

• You own what you create and upload. You confirm you have the rights to it and that sharing it doesn’t break the law or anyone’s rights.
• You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your content, only to provide and secure the services for you and the people you share with. The licence ends when your content is deleted, except for copies others hold because you shared them and backups until they expire.
• We don’t sell your content, use it for advertising, or use it to train AI models.
• Content others share is their responsibility, not ours. We may remove content that breaks these terms or the law (see Suspension and ending).

• Caity and other AI features generate output with machine learning models. Output can be wrong, incomplete or out of date. Check it before you rely on it, especially for health, legal, financial or safety decisions.
• Caity acts in the apps on your instructions, with the access you give it. You’re responsible for what you ask it to do and for checking what it sends or changes for you.
• How we use AI, and the decisions our systems make automatically, are set out in the Privacy Policy.

Some features work with services run by others, such as a chat platform or a music service. Their terms apply to your use of them, and we aren’t responsible for them. You can disconnect them at any time.

We own the services, our software, designs and brand. While these terms apply, we give you a personal, non-transferable licence to use the services as they’re intended. Don’t copy, resell or reverse engineer them, except as the law allows.

If you send us feedback or ideas, we can use them without paying you. Open-source parts are covered by their own licences.

We improve the services and sometimes change or remove features. If a change significantly reduces what your paid plan includes, we’ll tell you before it takes effect, and you can cancel and get a refund of the unused part of your current period.

• You can stop using the services at any time, cancel your subscription and delete your account (see the Privacy Policy).
• We may remove content, or restrict, suspend or close an account or organisation, if it seriously or repeatedly breaks these terms, if payment isn’t made, or where the law requires it.
• Before we do, we’ll tell you what we’re doing and why, and give you a reasonable chance to fix the problem or respond, unless that wouldn’t be safe or lawful: for example, to stop harm to someone, fraud, a security threat or illegal content, or where a law or a regulator’s direction prevents it.
• If you think we got it wrong, contact us and a person will review it. If we close an account for a reason that isn’t your fault, we’ll refund the unused part of a period you’ve paid for.

Our services come with guarantees that can’t be excluded under the Australian Consumer Law, including that they’re supplied with due care and skill and are fit for any purpose we’ve agreed. Nothing in these terms excludes, restricts or changes them.

For a major failure, you’re entitled to cancel your contract with us and to a refund for the unused part, or to compensation for its reduced value. You’re also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure isn’t major, you’re entitled to have it fixed in a reasonable time, and if it isn’t, to cancel and get a refund for the unused part of the contract.

We work to keep the services available and secure, but we can’t promise they’ll be uninterrupted or free of errors. Keep copies of anything you can’t afford to lose.

To the extent the law allows, and apart from the guarantees above:

• we’re not liable for loss that wasn’t reasonably foreseeable, or for indirect or consequential loss;
• we’re not liable for loss to the extent it was caused by you, by content others share, or by services run by others;
• where the services aren’t of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again; and
• our total liability for any other claim is limited to what you paid us in the 12 months before it arose.

These limits don’t apply to liability that can’t be limited by law, or to loss caused by our fraud or wilful misconduct.

We publish each version here with the date it takes effect, and keep earlier ones at cactive.com.au/terms/archive. We’ll tell you about a change that affects you by email or in the apps at least 30 days before it takes effect, unless it must happen sooner for legal or security reasons, and ask you to agree when you next sign in.

If you don’t agree, you can cancel before the change takes effect and we’ll refund the unused part of a period you’ve paid for.

Tell us first, at support@cactive.com.au, and we’ll work with you to sort it out. This doesn’t affect your right to go to a consumer protection agency, a tribunal or a court.

These terms are governed by the laws of Victoria, Australia. You and we can bring proceedings in the courts of Victoria, and you can also use the courts and tribunals where you live.

• If part of these terms can’t be enforced, the rest still applies.
• Not enforcing a term straight away doesn’t mean we give it up.
• We can transfer these terms to a business that takes over the services, and we’ll tell you if we do. You can’t transfer your account without our agreement.

• Your account, billing and support: support@cactive.com.au
• Legal notices: legal@cactive.com.au