Effective Date: 1 December 2025
Version: 4.0
Issuing Entity
Superspeed.ai Pty Ltd (ACN 660 530 090), trading as Cushi.app
Parent Governance Entity
Strategic Global Holdings Pty Ltd (ACN 693 256 503), Queensland, Australia
Governing Law
Queensland, Australia, unless otherwise agreed in writing.
Review Cycle
Reviewed at least annually or earlier where required by law or material operational change.
1. ACCEPTANCE
By accessing or using Cushi.app, you agree to these Terms.
If you access the Services on behalf of an organisation, you warrant that you have authority to bind that organisation.
2. NATURE OF SERVICES
Cushi.app provides governance infrastructure designed to record acknowledged instruction before work begins.
Artificial intelligence functionality may assist users with drafting or clarifying content.
Cushi.app does not provide legal, financial, regulatory, employment, or professional advice.
Users remain responsible for reviewing and validating all outputs before reliance.
3. ELIGIBILITY
You must be legally capable of entering into a binding agreement.
If acting on behalf of an organisation, you must have authority to bind that organisation.
4. USER RESPONSIBILITIES
You are responsible for:
- lawful use of the Services
- ensuring you have authority to upload or input data
- maintaining the security of credentials
- managing user access within your organisation
- complying with laws applicable to your activities
Cushi.app is not responsible for how users interpret, rely upon, or implement content stored or generated within the platform.
5. ACCEPTABLE USE
Use of the Services is subject to the Acceptable Use and Organisational Safeguards Policy.
Cushi.app may suspend or restrict access where there is reasonable belief of breach or unlawful conduct.
Nothing in this clause creates a general obligation to monitor user activity.
6. INTELLECTUAL PROPERTY
All intellectual property rights in the platform, software, and related materials are owned by Superspeed.ai Pty Ltd or its licensors.
Customers retain ownership of Customer Data.
You grant Cushi.app a limited licence to process Customer Data solely for the purpose of providing the Services and meeting legal obligations.
7. AI GENERATED OUTPUTS
AI outputs:
- may contain inaccuracies or omissions
- are advisory in nature
- do not constitute professional advice
Users must independently review outputs before reliance.
AI functionality does not independently produce legal or similarly significant decisions.
8. SERVICE AVAILABILITY
The Services are provided on an as is and as available basis.
Cushi.app seeks to maintain reasonable service availability but does not guarantee uninterrupted or error free operation.
Interruptions may occur due to maintenance, security events, third party failures, or circumstances beyond reasonable control.
9. PRIVACY AND DATA PROTECTION
Handling of Personal Information is governed by the Privacy Policy and the Data Processing and Liability Boundaries document.
Cushi.app operates primarily under the Privacy Act 1988 (Cth).
Where services involve individuals outside Australia, additional safeguards may apply where legally required.
10. WARRANTIES AND STATUTORY RIGHTS
To the maximum extent permitted by law:
- The Services are provided using reasonable care and skill
- No warranty is given that the Services will meet all specific regulatory or industry requirements of any user
Nothing in these Terms excludes or limits rights that cannot lawfully be excluded under the Australian Consumer Law.
Where statutory guarantees apply and cannot be excluded, liability is limited, where permitted, to the resupply of services or the cost of resupply.
11. LIMITATION OF LIABILITY
Subject to non excludable rights under applicable law:
11.1 Indirect Loss
Cushi.app is not liable for indirect, consequential, special, incidental, or exemplary loss, including loss of profit, revenue, goodwill, opportunity, or anticipated savings.
11.2 Aggregate Liability Cap
Cushi.app’s total aggregate liability arising out of or in connection with the Services is limited to the greater of:
- the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim; or
- AUD 50,000.
This cap applies across all claims, whether in contract, tort including negligence, statute, or otherwise.
11.3 Exceptions
The above limitations do not apply to:
- liability that cannot be excluded by law
- fraud or wilful misconduct
- death or personal injury caused by negligence where applicable
12. INDEMNITY (BUSINESS USERS ONLY)
Business users indemnify Cushi.app for losses arising from:
- breach of these Terms
- unlawful or harmful data uploads
- misuse of the Services
Consumers are not required to indemnify.
13. TERMINATION
Cushi.app may suspend or terminate access for:
- material breach
- unlawful conduct
- security risk
- non payment
Upon termination, handling of Customer Data is governed by applicable data processing terms.
14. FORCE MAJEURE
Cushi.app is not liable for delay or failure resulting from events beyond reasonable control, including natural disasters, infrastructure outages, acts of government, or third party service failures.
15. DISPUTE RESOLUTION
Parties agree to attempt good faith resolution before commencing legal proceedings.
Nothing restricts a user’s right to contact regulators or exercise statutory rights.
16. CHANGES TO TERMS
Cushi.app may update these Terms to reflect legal, technical, or operational changes.
Material updates will be communicated through appropriate channels.
Continued use after changes constitutes acceptance.
CONTACT
Superspeed.ai Pty Ltd
Brisbane, Australia
support@cushi.app
privacy@cushi.app
VERSION CONTROL AND GOVERNANCE
Version 4.0
Effective 1 December 2025
Approved by Chief Executive Officer, Superspeed.ai Pty Ltd© 2025 Superspeed.ai Pty Ltd (ACN 660 530 090), trading as Cushi.app
Part of the Strategic Global Holdings Pty Ltd group (ACN 693 256 503)