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.
1. ACCEPTANCE
By accessing or using Cushi.app, you agree to these Terms of Use.
If you access the Services on behalf of an organisation, you represent that you have authority to bind that organisation.
2. SERVICES
Cushi.app provides governance infrastructure designed to record acknowledged instruction before work begins. Artificial intelligence functionality may assist users in drafting or clarifying content.
Cushi.app does not provide legal, financial, employment, regulatory, or professional advice.
Users are responsible for reviewing and validating all outputs and records before reliance.
3. CUSTOMER RESPONSIBILITIES
You are responsible for:
- Using the Services lawfully
- Ensuring you have authority to upload or input data
- Maintaining the security of credentials
- Managing user access within your organisation
- Ensuring compliance with applicable laws and internal policies
Cushi.app is not responsible for how users interpret, rely upon, or implement content generated or stored within the platform.
4. DATA PROTECTION
Processing of personal information is governed by the Privacy Policy and the Data Processing and Liability Boundaries document.
Where Cushi.app acts as Processor, it processes Customer Data in accordance with documented Customer instructions and applicable law.
5. SERVICE AVAILABILITY
Cushi.app seeks to provide reliable service availability.
However:
- The Services are provided on an as is and as available basis
- Maintenance, updates, and events beyond reasonable control may impact availability
- No guarantee of uninterrupted or error free service is provided
6. INTELLECTUAL PROPERTY
Cushi.app retains all intellectual property rights in the platform, software, and related materials.
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. 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 of these Terms or unlawful activity.
Nothing in this clause creates a general obligation to monitor all user activity.
8. WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law:
- The Services are provided without warranties of fitness for a particular purpose
- Cushi.app does not warrant that use of the Services ensures regulatory compliance in any specific industry
- AI generated outputs may contain inaccuracies or incomplete information
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 by law, to the resupply of services or the cost of resupply.
9. LIMITATION OF LIABILITY
Subject to non excludable rights under applicable law:
9.1 Indirect Loss
Cushi.app is not liable for indirect, incidental, consequential, special, or exemplary loss, including loss of profit, revenue, goodwill, opportunity, or anticipated savings.
9.2 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 to Cushi.app in the 12 months preceding the event giving rise to the claim; or
- AUD 50,000
This cap applies in aggregate across all claims, whether in contract, tort including negligence, statute, or otherwise.
9.3 Data Related Loss
Cushi.app is not liable for loss of Customer Data to the extent such loss arises from:
- Customer configuration or instructions
- Acts or omissions of the Customer
- Third party systems outside Cushi.app’s reasonable control
- Force majeure events
9.4 Exclusions to Limitation
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
10. FORCE MAJEURE
Cushi.app is not liable for delay or failure resulting from events beyond its reasonable control, including natural disasters, infrastructure outages, acts of government, labour disputes, or cyber attacks not resulting from failure to implement reasonable safeguards.
11. TERMINATION
Cushi.app may suspend or terminate access:
- For material breach
- For unlawful or prohibited use
- Where required by law
Upon termination, handling of Customer Data is governed by the applicable data processing terms.
12. CHANGES
Cushi.app may update these Terms from time to time.
Material changes will be published with updated version information.
Continued use of the Services after publication constitutes acceptance of the updated Terms.
CONTACT
Superspeed.ai Pty Ltd
Brisbane, Australia
privacy@cushi.app
security@cushi.app
support@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)