Terms of Service

1. Acceptance of these terms

These Terms of Service (the "Terms") govern your access to and use of paasai, including any version of paasai accessed through a website, web app, mobile app, API, or any other surface, channel, or feature, whether now existing or introduced in the future (collectively, "paasai"). paasai is operated by MS Digital Crafts Pty Ltd (ACN 698 682 254), an Australian company ("we", "us", "our").

By accessing, opening, viewing, browsing, signing into, or using paasai in any way — even briefly, and even before creating an account — and by clicking any button, checkbox, or other indication of acceptance, you ("you") accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. You agree that the electronic acceptance described above has the same legal effect as a handwritten signature.

If you do not agree to these Terms in their entirety, you must not access or use paasai in any way. Your only remedy if you do not agree to these Terms is to stop using paasai.

These Terms form a binding contract between you and MS Digital Crafts Pty Ltd. If you access or use paasai on behalf of, or in connection with, an organisation, employer, or other person, you represent and warrant that you have full authority to bind that organisation, employer, or person to these Terms, and references to "you" include both you personally and that organisation, employer, or person. Any use of paasai by your agents, employees, contractors, family members, or anyone you give access to your account is binding on you.

These Terms, together with the Privacy Policy and any other document we incorporate by reference, constitute the entire agreement between you and us with respect to paasai, and supersede any prior or contemporaneous agreement, communication, or understanding, whether oral or written.

2. Eligibility

paasai is intended only for individuals who are at least 18 years of age and who can form a legally binding contract under the law that applies to them.

By accessing or using paasai, and on each occasion that you access or use paasai, you represent and warrant that:

• you are at least 18 years old;
• you have full legal capacity to enter into and be bound by these Terms;
• your access to and use of paasai does not violate any law, regulation, contract, or court order that applies to you, including any export-control or sanctions law and any law that restricts the use of voice translation, recording, or AI services in your jurisdiction;
• you are solely responsible for determining whether paasai is lawful for you to use in your jurisdiction, and for obtaining any consent (including from any other person whose voice may be captured) that the law requires;
• you are not located in, ordinarily resident in, organised under the laws of, or accessing paasai from, a country, region, or entity that is the subject of a comprehensive trade embargo by Australia, the United States, the European Union, or the United Kingdom;
• you are not a person or entity identified on a sanctions list maintained by Australia, the United States, the European Union, the United Kingdom, or the United Nations, or owned or controlled by such a person or entity; and
• you will comply with these Terms at all times.

We do not verify eligibility or compliance with these warranties, and we have no obligation to do so. We may rely on your representations and warranties without further inquiry.

We may, at any time and in our sole discretion, refuse to provide paasai to any person, suspend or terminate any account, restrict access from any location or device, and remove any content, without notice, without reason, without refund, and without liability.

If we suspend or terminate your account because you have breached this Section, you must immediately stop using paasai and you are not entitled to any refund. We may recover from you any loss, cost, expense, or liability we suffer as a result of your breach.

3. What the service is

paasai is a software service that allows you to record your voice in one language and receive a transcription and a translation of what you said into another language, generated using automated speech recognition and machine learning systems operated by us or by our service providers ("AI Output").

paasai is provided as a convenience tool and an informal communication aid only. paasai is not a substitute for a qualified human translator or interpreter, and AI Output is not certified, sworn, official, or legally authoritative.

You must not rely on paasai or AI Output for any purpose where accuracy or completeness is important. Without limiting that statement, you must not use paasai or AI Output:

• in any legal, judicial, contractual, regulatory, immigration, or government setting;
• in any medical, mental-health, emergency, or safety-critical context;
• to make any financial, employment, educational, or other important decision;
• to translate any communication where a mistranslation could cause loss, harm, embarrassment, distress, or offence; or
• in any setting where a qualified human translator or interpreter is required by law, regulation, contract, or professional standard.

You acknowledge and agree that:

• AI Output is generated by automated systems and may be inaccurate, incomplete, nonsensical, biased, offensive, machine-translated literally where idiom was intended (or vice versa), or otherwise wrong, in ways that may not be obvious to you;
• paasai may, at any time and without notice, change, add, remove, downgrade, slow, or stop supporting any feature, language, voice, model, provider, or other aspect of the service;
• paasai may be unavailable in whole or in part, for short or extended periods, with or without warning, and we do not promise any particular level of availability, uptime, latency, or performance;
• we do not guarantee that paasai will be complete, accurate, error-free, uninterrupted, secure, lawful in your jurisdiction, or fit for any particular purpose; and
• you alone are responsible for verifying AI Output before relying on it for any purpose, and for deciding whether the use of paasai is appropriate in your circumstances.

The use of paasai, and any reliance on AI Output, is entirely at your own risk.

4. Your account

To use certain features of paasai, you may need to create an account. We use email-based one-time codes (OTP) to sign you in.

Your right to use an account is a personal, non-exclusive, non-transferable, revocable licence granted by us, and not a right or property interest of yours. You may not sell, lease, lend, share, sublicense, transfer, or assign your account or your access to paasai.

By creating or using an account, you represent, warrant, and agree that:

• the email address you provide is accurate, current, in your control, and one that you check, and you will keep it accurate and current at all times;
• you are solely responsible for all access to, all activity on, and all consequences of all use of, your account, including all use by anyone you give access to and all use by anyone who obtains access through your devices, networks, or credentials (whether or not authorised by you);
• you are solely responsible for the security of the email account associated with your paasai account, the devices you use to access paasai, any one-time codes sent to you, and any session or authentication tokens generated for you, and we are not responsible for any loss resulting from your failure to keep those secure;
• you must monitor your account for unauthorised activity and notify us immediately at msdigitalcrafts@gmail.com if you become aware of any unauthorised access to, or use of, your account, or of any compromise of the email account, device, or credentials associated with your account; and
• you will not create an account using another person's identity, contact details, or payment method, impersonate any person or entity, or maintain more than one active account except with our prior written consent.

We do not guarantee delivery, deliverability, or timeliness of any email — including sign-in codes, receipts, and service notices — and you remain responsible for ensuring that your email provider does not filter or block messages from us.

We may, at any time and in our sole discretion:

• refuse to create an account;
• suspend, restrict, or terminate any account;
• delete an account that has been inactive for any period we consider appropriate;
• require additional information or verification before granting or restoring access;
• merge or consolidate multiple accounts that we reasonably believe belong to the same person; and
• remove or change any content associated with an account,

without notice, without reason, without refund, and without liability.

Termination, suspension, or deletion of your account does not extinguish any obligation you owe to us, including any obligation to pay amounts that have accrued.

5. Acceptable use

When you use paasai, you must comply with all laws that apply to you and with these Terms. Without limiting your other obligations under these Terms, you must not, and must not attempt to, and must not allow or assist anyone else to:

• use paasai for any purpose, or in any manner, that we, in our sole discretion, consider unlawful, fraudulent, deceptive, harmful, unsafe, inappropriate, or contrary to the spirit of these Terms;
• use paasai to record, transcribe, or translate the speech of any person without obtaining all consents and providing all notices that the law of every jurisdiction with potential application requires;
• use paasai to harass, abuse, threaten, defame, stalk, intimidate, impersonate, or harm any person;
• use paasai to produce, share, or distribute any content that is defamatory, infringing, obscene, sexually explicit involving any person under 18, hateful, discriminatory, encouraging or instructing self-harm or violence, or otherwise unlawful;
• use paasai to send unsolicited, bulk, or commercial messages, spam, scams, or similar communications;
• use paasai to infringe the intellectual property, privacy, publicity, or other rights of any person;
• use paasai in connection with any weapon, weapon of mass destruction, critical infrastructure, biological, chemical, nuclear, radiological, or cyber-weapon application, or any other use that could result in death or serious bodily injury;
• use paasai in any manner that breaches, or could cause us to breach, the acceptable-use, content, or other policies of our service providers (including Anthropic, OpenAI, Groq, Google, Vercel, Resend, Polar, Sentry, and Mixpanel) as those policies are in effect from time to time;
• upload, transmit, or expose paasai to any virus, worm, malware, ransomware, or other malicious code;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of paasai, except to the extent this restriction is prohibited by applicable law;
• copy, scrape, mirror, frame, or republish paasai, AI Output, or any other content of paasai, in whole or in part, except as the service is normally used through the official user interface;
• access, search, or use paasai by automated means (including bots, crawlers, scripts, or AI agents) without our prior written consent;
• circumvent, disable, or attempt to defeat any security feature, rate limit, paywall, access control, or technical measure;
• resell, sublicense, distribute, or otherwise commercially exploit paasai or AI Output without our prior written consent;
• use paasai or AI Output to develop, train, fine-tune, evaluate, benchmark, or improve any artificial intelligence model, dataset, or service that competes with paasai, with us, or with any of our service providers;
• use paasai in any way that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the normal operation of paasai for any other user;
• use paasai in connection with any high-risk activity, including any use of the kind described in Section 3;
• use paasai in any way that we, in our sole discretion, believe could expose us, our affiliates, our service providers, or our users to liability, regulatory action, investigation, or reputational harm;
• misrepresent your identity, age, location, or affiliation with any person or organisation; or
• encourage, induce, request, instruct, or assist any person to do any of the above.

We may, at any time and in our sole discretion, and without notice or liability:

• investigate any suspected or potential breach of this Section;
• require you to cooperate fully with the investigation and to provide any information we reasonably request;
• suspend, restrict, or terminate your access to paasai immediately, pending or following investigation;
• preserve, search, review, copy, and disclose any information about your use of paasai;
• cooperate with, and respond to requests from, law enforcement, regulators, courts, and other authorities; and
• take any other action we consider appropriate, including pursuing any available legal or equitable remedy against you.

Our decision that a breach has occurred, or may have occurred, is final and binding unless the law that applies to you requires otherwise. You are responsible for, and agree to reimburse us on demand for, all reasonable costs we incur in investigating, responding to, or remedying any breach or suspected breach by you, including legal fees and the cost of cooperating with authorities.

6. Your content

When you submit any voice recording, transcript, translation, message, request, prompt, image, file, or other content to paasai, or generate any content using paasai (collectively, "User Content"), the following terms apply.

You retain ownership.

Subject to the licence granted below, you retain whatever ownership rights you have in User Content. Nothing in these Terms transfers title in User Content to us, except as expressly stated.

You grant us a licence.

You grant to us, and to our service providers, an irrevocable, perpetual, worldwide, royalty-free, fully paid, non-exclusive, sublicensable, transferable, and assignable licence to host, store, transmit, copy, reproduce, modify, adapt, create derivative works of, translate, transcribe, summarise, analyse, process, display, distribute, and otherwise use User Content for any purpose related to:

• operating, providing, maintaining, securing, debugging, evaluating, testing, improving, and developing paasai and our other current or future products and services;
• enabling our current and future service providers to perform their roles in delivering paasai (including Anthropic, Groq, OpenAI, Google, Vercel, and any successor or replacement service provider we use from time to time);
• training, fine-tuning, evaluating, benchmarking, or improving artificial intelligence or machine learning models (provided that we will not use User Content that personally identifies you to train models in a manner that re-identifies you in published model output, except as required by law);
• complying with applicable law, responding to law-enforcement, regulatory, court, or other authoritative requests, and defending, prosecuting, or settling legal claims;
• investigating, preventing, and remediating violations of these Terms or of any law; and
• producing aggregate, statistical, de-identified, or anonymised information, which we may use and retain indefinitely, without restriction, and for any purpose.

This licence survives termination of these Terms, suspension or deletion of your account, and any request for deletion, in each case to the extent we consider necessary or appropriate for any of the purposes set out above and for any retention permitted under our Privacy Policy.

You waive moral and approval rights.

To the extent permitted by applicable law, you irrevocably waive, and agree not to assert against us or our service providers or sublicensees, any moral rights, droit moral, rights of attribution, integrity, withdrawal, or approval, and any similar rights, in relation to User Content. You waive any right to inspect, approve, or be compensated for any use of User Content authorised by these Terms.

User Content is not confidential.

You acknowledge that User Content is not confidential, and that you submit it voluntarily and at your own risk. You do not expect, and we do not assume, any obligation of confidence in relation to User Content beyond what is required by applicable law and our Privacy Policy.

You represent and warrant

that, for all User Content you submit or generate:

• you own or have all rights, licences, consents, releases, waivers, and permissions necessary to grant the licence and waivers above;
• the User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, voice, image, likeness, personality, contractual, or other right of any person;
• the User Content does not breach any law that applies to you or to the persons whose voice or other information is captured in it;
• you have obtained any consent and provided any notice that the law of every potentially-applicable jurisdiction requires from every person whose voice, image, or other personal information is captured in or by User Content;
• the User Content does not impersonate any person, generate a deepfake or synthetic representation of any identifiable person, or use any person's voice, image, or likeness in a way that could be misleading or harmful;
• the User Content does not contain content of a person under 18, except where that person is you and you have already represented under Section 2 that you are at least 18; and
• the User Content does not breach Section 5 of these Terms.

No duty to monitor.

We do not, and have no obligation to, pre-screen, review, edit, fact-check, verify, monitor, or endorse User Content. We are not responsible for the accuracy, completeness, legality, suitability, or any other aspect of User Content. We may, at any time and in our sole discretion, review, refuse, remove, block, edit, modify, restrict access to, or retain (notwithstanding any deletion request) any User Content, or any account that submits or generates it, without notice, without reason, and without liability.

You release us from claims.

To the maximum extent permitted by applicable law, you release us and our service providers from all claims, demands, and causes of action of every kind, whether known or unknown, arising out of or relating to our use of User Content in accordance with these Terms.

User Content is your responsibility.

We are not the author, source, or publisher of User Content. You are solely responsible for User Content you submit or generate, for any harm or consequence arising from it, and for any costs we incur as a result of it.

7. Translation accuracy disclaimer

Translations and transcriptions are produced by automated systems and are inherently imperfect. paasai is an evolving service that uses experimental and rapidly changing artificial intelligence technology.

AI Output is generated by automated speech recognition and machine learning systems. It may contain — and from time to time will contain — errors, omissions, inaccuracies, mistranscriptions, mistranslations, hallucinations (output that is entirely fabricated and does not correspond to anything you actually said), misinterpretations of tone, intent, context, meaning, idiom, sarcasm, register, formality, dialect, accent, vocabulary, slang, profanity, cultural reference, or relationship, biased, stereotyped, or offensive language, inappropriate inferences, factual errors, and other defects, in ways that may not be apparent to you, to the person whose speech is being translated, or to the recipient of a translation, and that you may never become aware of.

Any synthesised voice that paasai uses to play back a translation is generated by automated systems and may sound unnatural, robotic, or unlike the original speaker; it does not represent the original speaker's voice and should not be taken as such.

AI Output may differ between identical inputs, between users, between sessions, between languages, between dialects, between models, and over time. We do not guarantee that AI Output for a given input will be repeatable, reproducible, consistent, accurate, or comparable to previous output.

AI Output may be delayed, interrupted, partially produced, or not produced at all. We do not guarantee any particular latency, speed, throughput, completeness, or real-time performance. paasai must not be used in any emergency, safety-critical, or time-critical situation, and is not a substitute for emergency services or any other professional service.

You acknowledge, agree, and covenant with us that:

• AI Output is for informal communication only, and is not a certified, sworn, official, or legally authoritative translation;
• you understand that artificial intelligence is fallible and that AI Output may be entirely wrong even where it appears coherent and confident;
• you are solely responsible for verifying the accuracy and suitability of AI Output before relying on it for any purpose, including by obtaining a qualified human translation where the matter is important to you;
• you must not rely on, repeat, share, transmit, act on, or treat as true any AI Output without exercising your own judgement;
• any decision you make, action you take, agreement you enter into, statement you make, or communication you have on the basis of AI Output is at your own risk;
• where the person you are communicating with does not know that you are using an automated translation tool, you will tell them, and you accept all consequences of any failure to do so;
• we are not responsible for any loss, harm, embarrassment, distress, offence, misunderstanding, miscommunication, contractual, employment, immigration, medical, financial, regulatory, reputational, relationship, or other consequence that you or any other person may suffer as a result of any error, inaccuracy, defect, or other characteristic of AI Output, or as a result of any reliance on AI Output, even where we knew or should have known that AI Output could be wrong;
• any disagreement, dispute, claim, or harm between you and any other person arising from or relating to a mistranslation or other defect in AI Output is solely between you and that other person, and not between you and us;
• you will not use AI Output, or any inaccuracy in AI Output, as a defence to any obligation you owe to any other person, or as a basis for any claim against us;
• we may treat your submission of voice or other content to paasai as conclusive evidence of what you said for the purposes of investigating or defending any claim; and
• you waive any right to bring a claim against us, our service providers, or any other person, that arises from or relates to an error, inaccuracy, or other defect in AI Output.

Where you use paasai to translate communications between yourself and another person, you accept full responsibility for any consequence of that translation, you indemnify us against any claim by that other person, and you release us and our service providers from any claim by you or by that other person arising from or relating to the translation.

8. Paid services and credits

Some features of paasai require payment. The following terms apply to all paid features and to any digital credits, units, points, or other tokens that you can purchase or earn within paasai (collectively, "Credits", and in the case of paasai today, "coins").

We are not a financial institution.

We are not a bank, financial institution, financial services licensee, lender, insurer, deposit taker, money transmitter, payment institution, e-money issuer, or fiduciary. We do not hold money or property for you on trust. Nothing in these Terms creates a fiduciary, financial, agency, or similar duty between us and you.

Payments are processed by Polar.

All payments are processed by Polar Software, Inc. ("Polar"). By making a payment, you agree to Polar's terms and privacy policy in addition to these Terms. We do not store your payment card or banking details. We are not responsible for any act or omission of Polar, including any delay, failure, charge, or error in payment processing.

You warrant your payment method.

By submitting a payment method, you represent and warrant that the payment method is yours (or that you are expressly authorised to use it), that you have sufficient available funds or credit, that the use of the payment method does not breach any agreement or law, and that you authorise us and Polar to charge the payment method for the amounts due.

Prices and currency.

We display prices in the currency we choose, at the amounts we choose. Prices, fees, exchange rates, payment options, refund and chargeback policies, available Credits packs, the rate at which Credits are consumed, the features that require payment, and any promotional code, discount, bonus, or trial, may be changed, withdrawn, paused, or limited by us at any time, in our sole discretion, with or without notice. Changes do not apply retrospectively to a purchase already completed, except where required by law.

Pricing errors and typos.

Despite our best efforts, paasai may from time to time display a price, currency, Credit allocation, or other commercial term that is wrong. We are not bound to honour any obviously incorrect price, currency, Credit allocation, or other commercial term, and we may at any time cancel any order, refund any amount paid, and correct the displayed term, without further obligation to you.

No order is accepted until we say so.

Your submission of a payment is an offer to purchase. We accept your offer only when we credit the Credits or activate the feature in your account. We may decline, reverse, refund, or cancel any order at any time, in our sole discretion, including after we have provisionally accepted it.

Taxes.

Prices may or may not include sales, value-added, goods-and-services, or other applicable tax, as we indicate. You are responsible for any tax, duty, fee, or charge imposed on your purchase or use of paasai by any government or authority, other than tax on our income. Where the law requires us to issue a tax invoice, we will do so on request; until then, the receipt that Polar or we provide is not a tax invoice unless we say so.

Cooling-off period waiver.

To the maximum extent permitted by applicable law, you expressly request that the supply of any paid feature or Credits begin immediately on payment, and you expressly waive any cooling-off, withdrawal, cancellation, right of return, or similar right you may otherwise have. You acknowledge that, by making this request and using the paid feature or Credits, you may lose any such right under applicable law.

Credits are not money.

Credits, including coins, are limited-licence permissions granted by us to use specific paid features of paasai. Credits:

• have no monetary value;
• are not real currency, virtual currency, e-money, securities, a financial product, deposit, debt, asset, property, or stored value of any kind;
• cannot be redeemed for cash;
• cannot be transferred, sold, traded, gifted, bequeathed, or assigned to any other person or account;
• are non-refundable except where a refund is required by law or where we, in our sole discretion, decide to grant one;
• are forfeited automatically if your account is suspended, terminated, deleted, or inactive for a period we consider appropriate;
• may be reduced, expire, devalued, revalued, removed, or replaced by us at any time, in our sole discretion;
• confer no right or property interest of yours, and no right to any specific paasai feature or future paasai feature;
• are subject to balance, frequency, rate, and other limits we impose, including limits we impose on a per-account, per-device, per-payment-method, or per-jurisdiction basis;
• may have different values, rates, or conditions in different jurisdictions, at different times, or for different users; and
• are not insured, guaranteed, or backed by any government, deposit insurance scheme, or other person.

Promotional Credits.

Any Credits that we grant without payment, including any bonus, gift, sign-up, referral, promotional, or trial Credits, are at all times subject to additional conditions we impose, may be revoked or cancelled by us at any time and for any reason, and are not refundable, exchangeable, or convertible into any other Credit, feature, or refund.

Failed payments and chargebacks.

If your payment fails, is reversed, charged back, disputed, or otherwise not received in full, we may immediately suspend or terminate your account, claw back any Credits or features you received, charge you the unpaid amount plus our reasonable costs of recovery (including legal fees, dispute fees, and interest), set off the amount against any other balance you hold with us, and report the matter to credit bureaus, law enforcement, payment networks, or other authorities as we consider appropriate. Initiating a chargeback or dispute without first contacting us at msdigitalcrafts@gmail.com and giving us a reasonable opportunity to address your concern is a breach of these Terms.

No subscription, no renewal.

Unless we expressly indicate otherwise at the time of purchase, paasai is sold on a one-time-purchase basis, not as a subscription, and no payment will be automatically renewed.

Australian Consumer Law.

If you are an Australian consumer, you have certain rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, condition, warranty, right, or remedy that the ACL makes non-excludable. Subject to those non-excludable rights, our liability for a failure to comply with a non-excludable consumer guarantee is limited (where the ACL permits limitation) to, at our option, either re-supplying the relevant service or paying the cost of having the relevant service re-supplied.

No other refunds.

Other than where the Australian Consumer Law or another applicable mandatory law requires otherwise, all sales are final, and all amounts paid for paasai are non-refundable.

Right to refuse, reverse, or recover payments.

We may refuse, return, decline, reverse, or recover any payment, at any time, in our sole discretion, including where we suspect fraud, breach of these Terms, or risk to us.

9. Intellectual property

Our intellectual property.

paasai, including all software, source code, object code, models, model weights, algorithms, prompts, data, databases, content, designs, layouts, user interfaces, text, graphics, logos, sounds, names, branding, trade marks, service marks, trade dress, trade secrets, know-how, documentation, methods, processes, and any improvement, enhancement, derivative work, customisation, or modification of any of the foregoing, and all intellectual property rights and other proprietary rights in any of the foregoing throughout the world, whether registered or unregistered, and whether existing now or arising in the future (collectively, the "paasai IP"), are owned by, or are licensed to, MS Digital Crafts Pty Ltd or its licensors and service providers. The paasai IP is protected by Australian, United States, and international intellectual property and other laws.

Limited licence to you.

Subject to your continued compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited licence to access and use paasai for your personal, non-commercial use, in the way paasai is designed to be used, and for the duration that we make paasai available to you. This licence is the only right you have in or to the paasai IP and may be revoked, suspended, or terminated by us at any time, in our sole discretion, without notice and without liability.

No other rights.

No right, title, or interest in or to the paasai IP transfers to you under these Terms. All rights not expressly granted to you in these Terms are reserved by us and our licensors. Nothing in these Terms grants you any right by implication, estoppel, acquiescence, exhaustion, fair use, fair dealing (except as the non-excludable law of your jurisdiction expressly requires), or otherwise.

AI Output.

As between you and us, AI Output that you generate using paasai forms part of the User Content you submit to us, and is licensed back to you in accordance with the limited licence above so that you can use it as paasai is designed to be used. We make no representation, warranty, or guarantee that AI Output is original, novel, copyrightable, eligible for any intellectual property protection, non-infringing, free of third-party rights, or owned by us or by you. You acknowledge that:

• similar or identical AI Output may be generated for other users, and you have no exclusive rights in any AI Output;
• we do not indemnify you against any claim by a third party that AI Output infringes that third party's rights; and
• you use AI Output, including any reproduction or distribution of AI Output, entirely at your own risk.

Trade marks.

"paasai", the paasai logo, "MS Digital Crafts", and any other names, marks, logos, slogans, or branding we use are our trade marks or unregistered marks, whether or not registered. You must not use, copy, register, attempt to register, or apply for any domain name, social media handle, or business name that uses any of these marks, or any mark, name, or handle that is confusingly similar, without our prior written consent. You will not challenge the validity, ownership, or enforceability of our trade marks.

No inspection, no audit.

You have no right to inspect, audit, examine, decompile, or otherwise examine the paasai IP beyond the access expressly provided to you through the user interface in the ordinary course of using paasai.

Feedback.

If you send us any suggestion, idea, comment, feedback, recommendation, bug report, or request for a feature or improvement (collectively, "Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable, and assignable licence to use, modify, publish, exploit, and incorporate the Feedback into paasai or any other current or future product or service, without compensation, attribution, or further obligation to you. You waive any right or claim you may have in relation to such use, including any moral right.

Intellectual property complaints.

If you believe that any content on paasai infringes your intellectual property rights, send us a written notice at msdigitalcrafts@gmail.com that includes:

• your name, contact details, and (if you are not the rights holder) the basis on which you are authorised to act on behalf of the rights holder;
• identification of the work or right you say is being infringed;
• identification of the content on paasai that you say infringes, with enough detail for us to locate it;
• a statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law;
• a statement that the information in your notice is accurate, made under penalty of perjury (where applicable), and that you are authorised to act on behalf of the rights holder; and
• your physical or electronic signature.

We may, but are not required to, investigate any notice. We may, in our sole discretion, remove, restrict, or retain any content, suspend or terminate the account associated with it, refer the matter to law enforcement, or take any other action we consider appropriate, in each case without notice and without liability. We have no obligation to act on any notice that is incomplete, made in bad faith, or repetitive.

False or abusive notices.

By submitting an intellectual property complaint, you represent and warrant that the statements in the notice are accurate, that you are authorised to make them, and that you submit the notice in good faith. You agree to indemnify us against any claim, loss, cost, or expense (including legal fees) we suffer as a result of any false, misleading, abusive, or bad-faith notice.

Counter-notice and repeat infringers.

A user whose content has been removed or restricted may submit a counter-notice using the same procedure. We may, but are not required to, restore the content. We may terminate, in appropriate circumstances and in our sole discretion, the account of any user who we consider to be a repeat infringer.

10. Disclaimers (as is)

To the maximum extent permitted by applicable law, paasai, AI Output, and every other product, service, feature, content, material, information, and communication provided by or through paasai are provided "as is", "as available", and "with all faults", without warranty, condition, representation, guarantee, or term of any kind, whether express, implied, statutory, equitable, or arising from any other source.

To the maximum extent permitted by applicable law, we, our affiliates, our parent and subsidiary entities, our predecessors, successors, and assigns, our service providers, and each of our and their respective officers, directors, employees, contractors, agents, shareholders, owners, advisers, and licensors (each, a "Released Party") disclaim all warranties, conditions, representations, guarantees, and terms of every kind in relation to paasai, AI Output, and any other matter referred to in these Terms, including:

• merchantability;
• acceptable quality;
• fitness for a particular purpose or any purpose at all;
• title;
• non-infringement;
• quiet enjoyment;
• accuracy, completeness, correctness, reliability, or currency of any output, response, result, or information;
• availability, uptime, responsiveness, or uninterrupted operation;
• timeliness, latency, speed, or performance;
• security, absence of defects, errors, bugs, malware, or harmful code;
• compatibility with any device, browser, operating system, network, or third-party software;
• protection from loss, alteration, or corruption of any data, user content, or AI output;
• conformity with any description, sample, model, demonstration, announcement, roadmap, forward-looking statement, or marketing material;
• your satisfaction with paasai or any output, result, or experience obtained from it;
• non-reliance on or non-existence of third-party rights;
• correspondence to any law that applies to you;
• any warranty arising from a course of dealing, course of performance, usage of trade, or prior dealings;
• any warranty that paasai will continue to be available, offered, or supported in any particular form or at all; and
• any other warranty, condition, representation, guarantee, or term that may otherwise be implied or imposed by any statute, common law, or equitable principle.

No other statement creates a warranty.

No oral or written information, statement, advice, demonstration, sample, marketing material, social media post, blog post, video, comment, or other communication given by us, by our service providers, by paasai itself, or by anyone purporting to act on our behalf, creates any warranty, condition, or representation that is not expressly stated in these Terms.

No reliance.

You acknowledge that you have not entered into these Terms in reliance on any warranty, condition, representation, statement, projection, or forecast made by us or any other person, except as expressly stated in these Terms.

Third-party services and content.

paasai may rely on, link to, refer to, or interoperate with services, content, products, and software provided by third parties (including our service providers and any operators of websites or services that paasai links to or interacts with). We do not control, endorse, verify, or take responsibility for any such third-party service, content, product, or software, and any use of a third-party service, content, product, or software is at your own risk and subject to that third party's own terms.

Experimental and beta features.

Any feature of paasai that we mark or describe as "alpha", "beta", "preview", "experimental", "research", "test", or similar, or that is not yet generally available, is provided for evaluation only, with no warranty of any kind, may behave unpredictably, may produce inaccurate or harmful output, and may be changed or removed at any time. Any data or content associated with such a feature may be altered or lost without notice or remedy.

Events outside our control.

No Released Party is responsible or liable for any failure to perform, or delay in performance, caused by any event outside the Released Party's reasonable control, including any act of God, natural disaster, fire, flood, earthquake, storm, pandemic or epidemic, war, terrorism, civil disturbance, riot, governmental act or order, sanction or embargo, change in law, labour dispute, cyber attack, outage or failure of any third-party service, telecommunications, internet, or utility, or any other force majeure event.

Assumption of risk.

You acknowledge that you have read and understood this Section, that you accept the risks described in it, and that you choose to use paasai with full knowledge of those risks.

Australian Consumer Law.

Nothing in this Section 10 excludes, restricts, or modifies any consumer guarantee, condition, warranty, right, or remedy that the Australian Consumer Law or another mandatory law makes non-excludable. Where a non-excludable consumer guarantee applies and the law permits us to limit our liability for failing to comply with it, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having the relevant service re-supplied.

11. Limitation of liability

To the maximum extent permitted by applicable law:

(a) No indirect or consequential damages.

No Released Party will be liable to you, to anyone claiming through or under you (including your representatives, heirs, assigns, family, household, or anyone else for whose use of paasai you are responsible), or to any other person, for any indirect, incidental, consequential, special, exemplary, punitive, aggravated, enhanced, multiple, trebled, or statutory-multiplier damage, loss, claim, or cost, or for any:

• lost profits;
• lost revenue;
• lost savings;
• lost business, opportunity, contract, goodwill, or reputation;
• lost, corrupted, deleted, or unrecoverable data, content, transcript, translation, voice recording, or communication;
• cost of substitute products, services, or translations;
• emotional distress, embarrassment, anxiety, offence, distress, or injury to feelings;
• personal relationship harm, family discord, or damage to any relationship; or
• any other indirect, consequential, or non-direct damage of any kind,

even if the Released Party was advised of, knew of, or should have known of, the possibility of that damage, loss, claim, or cost, and regardless of the legal theory on which it is based (including contract, tort (including negligence and gross negligence to the extent permitted by law), strict liability, statute, equity, restitution, unjust enrichment, or any other theory).

(b) Aggregate liability cap.

The total aggregate liability of all Released Parties to you, to anyone claiming through or under you, and to all such persons collectively, in connection with paasai, AI Output, these Terms, the Privacy Policy, your use of paasai, or any matter arising out of or related to any of the foregoing, taken together over all claims, causes of action, theories of liability, persons, and events, is limited to the greater of:

• (i) one hundred Australian dollars (AUD $100); and
• (ii) the total amount you actually paid us for paasai in the twelve (12) months immediately before the event giving rise to the claim.

Multiple claims do not increase this cap.

(c) This cap applies to any and all claims

of any kind that you, or anyone claiming through or under you, may now or in the future have against any Released Party, however arising, and applies even where a remedy is found to fail of its essential purpose.

(d) Basis of the bargain.

You acknowledge that these limitations are an essential basis on which we have agreed to provide paasai to you, that without them we would not provide paasai on the terms or at the price (if any) we do, and that they apply even if they have the effect of leaving you without an effective remedy in some circumstances. You agree that you will not seek to avoid, invalidate, or have set aside any limitation in this Section.

(e) Time bar.

Any claim or cause of action you may have against any Released Party arising out of or relating to paasai or these Terms must be commenced within twelve (12) months after the event giving rise to it, or it is permanently barred. This Section is intended to shorten any longer limitation period that might otherwise apply, to the maximum extent permitted by applicable law.

(f) No class, representative, or mass action.

To the maximum extent permitted by applicable law, you and we each agree that any dispute, claim, or controversy between us will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, mass action, representative action, private attorney general action, or any other proceeding in which a claim is brought on behalf of others. No Released Party agrees to be subject to any such proceeding in relation to paasai or these Terms.

(g) Survival.

The limitations and waivers in this Section survive termination, suspension, or expiration of these Terms or your account, and any rescission, repudiation, or other event that would otherwise discharge the contract.

(h) Australian Consumer Law.

Nothing in this Section 11 excludes, restricts, or modifies any consumer guarantee, condition, warranty, right, or remedy that the Australian Consumer Law or another mandatory law makes non-excludable. Where a non-excludable consumer guarantee applies and the law permits us to limit our liability for failing to comply with it, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having the relevant service re-supplied.

(i) Some jurisdictions do not allow this.

Some jurisdictions do not allow the exclusion or limitation of certain damages, the shortening of limitation periods, or class-action waivers. To the extent any limitation in this Section is not enforceable in your jurisdiction, it applies to the maximum extent permitted by the law that applies to you, and any unenforceable provision is severable without affecting the rest of this Section.

12. Indemnification

To the maximum extent permitted by applicable law, you will indemnify, defend, and hold harmless each Released Party from and against any and all claims, demands, complaints, suits, proceedings, investigations, regulatory actions, losses, damages, judgments, fines, penalties, settlements, liabilities, costs, and expenses (including reasonable legal fees and the costs of investigating and defending any matter) (collectively, "Losses") arising out of or related to:

• your access to or use of paasai or AI Output;
• any User Content you submit or generate;
• any breach or alleged breach by you of these Terms (including any representation or warranty you have given);
• any violation or alleged violation by you of any law that applies to you, of any right of any other person (including any intellectual property, privacy, publicity, voice, image, personality, or contractual right), or of any policy of one of our service providers;
• any use of paasai by anyone you give access to your account, anyone using your devices, networks, or credentials, or any agent, employee, contractor, family member, or other person acting on your behalf or under your direction;
• any dispute between you and any other person arising out of or related to paasai, AI Output, or anything you say, write, or do using paasai (including any other person whose voice or speech is captured by paasai through you);
• your negligence, recklessness, wilful misconduct, or fraud; and
• any tax, duty, fee, or charge that the law imposes on your purchase or use of paasai, other than tax on our income.

Defence.

We may, at our option and at your cost, assume the exclusive defence and control of any matter for which you are required to indemnify us. You will cooperate fully with our defence and will not settle any matter without our prior written consent. You will not settle any matter in a way that imposes any obligation, admission, payment, or restriction on any Released Party without our prior written consent.

No release.

Your indemnity in this Section is not limited or released by anything in these Terms (including the limitation of liability in Section 11), and survives termination, suspension, or expiration of these Terms or your account.

13. Termination

Your right to terminate.

You may stop using paasai at any time. You may request to delete your account by contacting us at msdigitalcrafts@gmail.com or via paasai.app/contact, and we will process that request in accordance with our Privacy Policy.

Our right to terminate.

We may suspend, restrict, throttle, downgrade, disable, or terminate your access to paasai or any feature of paasai, delete your account, remove or restrict any User Content, revoke any Credits, and block your devices, networks, or payment methods from future access, at any time, in our sole discretion, with or without cause, with or without notice, without warning, without an opportunity to cure or be heard, and without liability, including (without limitation) where:

• we believe you have breached, or may have breached, these Terms or any law;
• we believe your use of paasai poses or may pose any risk of harm, liability, regulatory action, reputational impact, or unwanted attention to us, our service providers, our users, or any other person;
• we are required, requested, or permitted to do so by law, by a court or regulator, or by a third-party order, request, policy, or contract;
• we decide to change, suspend, withdraw, or discontinue paasai or any part of it (whether in your jurisdiction, for users like you, or generally);
• your account has been inactive for any period we consider appropriate;
• we suspect any fraud, abuse, automated access, multi-account activity, or other irregularity associated with your account; or
• for any other reason or no reason at all.

No process owed.

You acknowledge that we are not required to give you any prior notice, reason, warning, opportunity to be heard, opportunity to cure, hearing, appeal, or any other form of process before suspending, restricting, or terminating your access to paasai or your account, and you waive any right to require any such process. Our decision is final.

Effect of termination.

On suspension, restriction, termination, or deletion of your account, or on any other event that ends or reduces your access to paasai:

• your right to access and use paasai immediately ceases, in whole or in part as we determine;
• any Credits you hold are forfeited, are not refundable, and may not be transferred or restored;
• you remain liable for any amount you owe us and for any obligation accrued under these Terms;
• we may retain, delete, anonymise, or restrict access to any User Content, AI Output, and personal information as set out in our Privacy Policy and these Terms, in our sole discretion and for any period we consider appropriate, regardless of any deletion request;
• any amount you have paid is non-refundable, except where required by the Australian Consumer Law or other applicable mandatory law;
• you must immediately stop accessing paasai, and on our request must destroy or return any paasai IP or other material you obtained through paasai;
• you must not create another paasai account, attempt to access paasai by any means, or circumvent any block or restriction we apply, without our prior written consent; and
• any provision of these Terms that by its nature is intended to survive (including Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15) will survive in full.

No liability and no claim for termination.

No Released Party is liable to you, to anyone claiming through or under you, or to any other person for any consequence, loss, damage, claim, cost, or expense of any kind arising from any suspension, restriction, throttling, downgrade, disabling, or termination of paasai or your account, including any inability to access paasai, User Content, or AI Output, any loss of Credits, any loss of opportunity or business, any inability to communicate with any other person, any embarrassment or distress, or any other consequence. You waive, and will not bring, any claim arising from or related to any such suspension, restriction, or termination.

Costs.

You will reimburse us on demand for any reasonable cost we incur as a result of suspending or terminating your account for breach, including the cost of investigating, responding, blocking, and recovering amounts owed.

14. Governing law, jurisdiction, and notices

Governing law.

These Terms, your use of paasai, and any dispute, claim, controversy, or matter (whether in contract, tort, statute, equity, or otherwise) arising out of, related to, or connected with any of the foregoing (a "Dispute"), are governed by, and will be construed in accordance with, the laws in force in the State of Victoria, Australia, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Exclusive jurisdiction.

You and we each irrevocably:

• submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and of the federal courts of Australia sitting in Victoria, in connection with any Dispute;
• consent to the personal jurisdiction and subject-matter jurisdiction of those courts;
• waive any objection to the exercise of that jurisdiction, including any objection based on inconvenient forum, lack of personal jurisdiction, lack of subject-matter jurisdiction, improper venue, lis pendens, abuse of process, or absence of nexus;
• waive any right to challenge the enforceability or validity of this Section; and
• consent to the recognition, enforcement, and domestication of any judgment of those courts in any other jurisdiction.

No proceeding elsewhere.

You will not commence, maintain, support, or participate in any Dispute, action, proceeding, complaint, regulatory submission, or investigation against any Released Party in any court, tribunal, regulator, or other forum outside Victoria, Australia. If you do, you will indemnify each Released Party for all Losses (as defined in Section 12) arising from or related to that proceeding, including legal fees and costs incurred on a full indemnity basis.

Jury trial waiver.

To the maximum extent permitted by applicable law, you and we each waive any right we may have to a trial by jury in any Dispute.

No injunctive relief against us.

To the maximum extent permitted by applicable law, you may not seek, and you waive any right to seek, an injunction, specific performance, mandatory order, declaration, or other equitable relief against us. Your sole remedy for any breach by us of these Terms is monetary damages, subject to and capped by Section 11.

Our right to seek equitable relief.

Despite the section above, we may seek injunctive, specific performance, declaratory, mandatory, or other equitable relief, in any court of competent jurisdiction anywhere in the world, against you for any breach or threatened breach of these Terms (in particular, Sections 5, 6, 9, and 12), in addition to any other remedy we may have. You consent to the issue of any such relief without bond, security, or proof of irreparable harm.

Prevailing-party legal fees.

If we initiate or successfully defend any Dispute against you, you will reimburse us for our reasonable legal fees, court costs, and expenses, on a full indemnity basis.

Notices to us.

Any formal legal notice you must give us under these Terms or applicable law must be in writing, in English, and served on MS Digital Crafts Pty Ltd at the registered office shown on the Australian Securities and Investments Commission (ASIC) register. Email does not constitute valid service of legal notice on us.

Notices to you.

We may give you any notice under these Terms by email to your registered address, by a posting on paasai, by SMS, push notification, or any other reasonable means we choose. You consent to electronic service of any notice, document, demand, or process from us, and agree that any such service is effective service for all purposes, including service of originating process. You are responsible for keeping your email address and any other contact details current. A notice is taken to have been given when sent.

Language.

These Terms are written in English. Any translation of these Terms is for convenience only. In the event of any inconsistency, the English version prevails. You waive any right to insist on a translation of these Terms or of any notice we give you.

15. General provisions

Entire agreement and no other representations.

These Terms (including the Privacy Policy and any other document we incorporate by reference) are the entire agreement between you and us in relation to paasai, and supersede any prior or contemporaneous agreement, understanding, communication, representation, statement, promise, or warranty, whether oral or written. You acknowledge that you have not relied on any representation, statement, promise, or warranty made or given by or on behalf of us, except as expressly set out in these Terms.

Acknowledgment.

You acknowledge that you have had a reasonable opportunity to read these Terms and the Privacy Policy, that you have read them or chosen not to, and that you understand and accept them. You agree that these Terms are not unconscionable, unfair, or oppressive in any respect, that they are reasonable in the circumstances of paasai being offered for general consumer use, and that you will not assert otherwise in any Dispute.

Changes to these Terms.

We may change, replace, or withdraw these Terms at any time, in our sole discretion. The "Last updated" date at the top indicates when this version took effect. We may, but are not required to, notify you of a change, and we are not obliged to give any advance notice. By continuing to access or use paasai after a change takes effect, you accept and agree to be bound by the updated version. If you do not agree to a change, you must stop using paasai immediately. Your continued use is the sole evidence we will rely on of your acceptance. The Terms in force at any time are the version most recently posted at paasai.app/terms.

No oral modification.

No variation, modification, amendment, or replacement of these Terms is effective unless it is in writing and signed by us, or is posted as an updated version of these Terms at paasai.app/terms.

Severability and reformation.

If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable in whole or in part, the parties agree that:

• the provision will be modified, reformed, or "blue-pencilled" to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent and effect to the greatest extent possible;
• if it cannot be so modified, it will be severed from these Terms;
• the remaining provisions will continue in full force and effect; and
• if any limitation in Section 10, 11, or 12 is held unenforceable in any respect, the other limitations in those Sections continue to apply to the maximum extent permitted.

No waiver.

No failure or delay by us in exercising any right, power, or remedy under these Terms is a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy precludes any other or further exercise of it or of any other right, power, or remedy. No waiver of any breach by you is a waiver of any other breach, whether of the same or any other Section. A waiver is effective only if it is in writing and signed by us.

Cumulative remedies.

All rights, powers, and remedies under these Terms are cumulative and in addition to any other right, power, or remedy we may have at law, in equity, by statute, or otherwise. Our exercise of one right, power, or remedy does not preclude our exercise of any other.

Set-off.

We may set off any amount you owe us (whether under these Terms or otherwise) against any amount we owe you. You may not set off any amount we owe you against any amount you owe us.

Assignment.

We may assign, novate, transfer, license, or sub-contract these Terms, or any of our rights or obligations under them, to any person, at any time, in our sole discretion, without your consent. You may not assign, novate, transfer, or sub-contract these Terms, or any of your rights or obligations under them, without our prior written consent. Any purported assignment in breach of this Section is void. These Terms bind, and benefit, our successors, assigns, and licensees.

No partnership.

Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary, franchise, or similar relationship between you and us. Neither you nor we have any authority to bind the other.

Third-party rights.

No person who is not a party to these Terms has any right to enforce them, except that:

• each Released Party may enforce any right granted to a Released Party under these Terms in its own right (including under the Contracts (Rights of Third Parties) Act 1999 of the United Kingdom, where relevant); and
• we may, without your consent, modify or rescind any benefit conferred on any Released Party.

Headings and interpretation.

Headings in these Terms are for convenience only and do not affect interpretation. Singular includes plural and vice versa. "Including" and similar terms are words of inclusion, not limitation. References to a statute, rule, regulation, or policy include any amendment, replacement, or successor. References to "Sections" are to Sections of these Terms.

Construction.

These Terms have been drafted by us and presented to you on a take-it-or-leave-it basis. No rule of construction or interpretation that operates against the drafter applies to these Terms. The parties have had the opportunity to seek independent advice and have entered into these Terms on the basis of arms-length dealing.

Counterparts and electronic execution.

These Terms may be accepted electronically and may be executed in any number of counterparts. An electronic acceptance has the same legal effect as a handwritten signature.

Contact.

If you have a question that is not a formal legal notice (which must be served as set out in Section 14), you can email us at msdigitalcrafts@gmail.com or use paasai.app/contact.