Superspeed.ai Pty Ltd (ACN 660 530 090) trading as Cushi.app
Version 0.1 — Counsel Draft
STATUS: Author-side draft. Not for use until reviewed and settled by an
admitted Australian legal practitioner. Not legal advice.
ADMINISTRATOR
For the Administrator who creates and administers the organisation’s environment
You are registering as an “Administrator” — the Authorised User who sets up and administers your organisation’s Cushi Beta environment and invites other Authorised Users. This acknowledgement is between you and Superspeed.ai Pty Ltd (ACN 660 530 090) t/a Cushi.app. By accepting it you do not bind your organisation to any commercial terms and you do not take on personal commercial liability to us. Any commercial arrangement is dealt with separately in the Beta Access Agreement, if and when your organisation enters one.
1. Definitions
1.1 “Beta Service” means the pre-release version of the Cushi platform made available for evaluation.
1.2 “Cushi Record” means a record created in the Beta Service comprising an instruction, its applicable version, an acknowledgement of that instruction, the date and time of acknowledgement, and associated audit information.
1.3 “Authorised User” means an Administrator, Manager or Member permitted to use the Beta Service.
1.4 “Incorporated Documents” means the Beta Access Agreement, the Privacy Policy, the Trust Centre, and the Acceptable Use Policy, each as published at site.cushi.app and as amended from time to time.
1.5 “Your Content” means instructions, documents, recipient details and other material you submit to the Beta Service.
2. Your Role as Administrator
2.1 You confirm your organisation has authorised you to create and administer its Cushi Beta environment and to invite and manage Authorised Users.
2.2 You will administer user access responsibly.
2.3 You act as your organisation’s representative for the purpose of administering the Beta environment. This acknowledgement is your acceptance of the terms of use as an individual Authorised User. It is not a signing of any commercial agreement on your organisation’s behalf, and it does not, by itself, bind your organisation to commercial terms.
2.4 You do not take on personal commercial liability to us by accepting this acknowledgement, and nothing here limits any right you have that cannot be excluded at law.
3. What Cushi Is, and What a Record Is
3.1 Cushi provides a record of instructions and acknowledgements made before work begins, held by Cushi independently of both parties to the work.
3.2 A Cushi Record is evidence of what was communicated and acknowledged, dated before the work. It is evidence of diligence. It is not proof that work was performed or performed correctly, and it does not determine the legal rights of any person or the outcome of any dispute.
3.3 Cushi is not task management, training, an educational service, or an artificial intelligence content service, and must not be relied upon as any of those.
4. Beta Nature
4.1 The Beta Service is provided on an “as is” and “as available” basis. During the beta, functionality may change without notice, access may be interrupted, and features may be added, modified or removed.
4.2 Not your system of record. The Beta Service is not, during the beta, your organisation’s system of record. Records created in the beta are a working copy until we notify you that beta data has been carried into a live service. Do not rely on the Beta Service as the sole record of any instruction that matters, and keep your own copy.
4.3 We will give reasonable notice before any reset or change that we know will clear or fail to preserve Your Content, where it is practicable to do so.
5. Your Content and Privilege
5.1 Enter only instructions, documents and recipient details you are authorised to handle and to send to the intended recipient.
5.2 Do not submit information subject to legal professional privilege, statutory secrecy, or an equivalent restriction, unless you are authorised to place it with a third-party custodian and have satisfied yourself that doing so does not waive privilege or breach the restriction.
6. Independent Custody of Records
6.1 We maintain each Cushi Record independently of both parties to the work — that is, independently of the person who issues an instruction and the person who acknowledges it.
6.2 We hold Records as contractual custodian. We will not alter the substance of a Record after it is fixed, and we will preserve Records in accordance with clause 8. This is a contractual custody role. It does not make us a trustee, fiduciary, or escrow agent, and it does not make us a party to, or arbiter of, the work the Record concerns.
6.3 We will produce a Record to a person only where that person is a party to the Record, where you or your organisation direct us in writing, where a person is otherwise entitled at law to the Record, or where disclosure is required by law.
COUNSEL NOTE — CLAUSE 6
This clause reconciles the “independent custody” proposition with the disclaimer of trustee/escrow duties. Confirm the preservation commitment in 6.2 is operationally deliverable before it is warranted, and confirm 6.3 against the actual production workflow.
7. Privacy and Personal Information
7.1 We collect and handle personal information as an APP entity under the Privacy Act 1988 (Cth) and in accordance with the Privacy Policy. This obligation is ours.
7.2 The Beta Service collects account, organisation, acknowledgement, audit-log, device and operational-metadata information necessary to operate, secure and improve the service.
7.3 You are responsible for having a lawful basis to provide personal information about Authorised Users and any named recipients to us.
8. Retention, Preservation and Deletion
8.1 We will return or delete Your Content on written request, subject to 8.2 and 8.3.
8.2 We may retain a Record where a party to it is entitled to it, where its retention is required by law, or where we are on notice that it is relevant to an actual or anticipated dispute or investigation.
8.3 We will give reasonable notice and an opportunity to export Records before any deletion at the conclusion of the beta program.
9. Intellectual Property
9.1 Cushi, its software, branding and documentation remain our property or our licensors’.
9.2 Your organisation retains ownership of Your Content. You grant us, for the operation of the Beta Service, a non-exclusive licence to host, process, secure, store and display Your Content and to provide Records.
9.3 Where you give us feedback, you grant us a perpetual, royalty-free licence to use that feedback to improve our products. We claim no ownership of Your Content by reason of feedback.
10. Consumer Law, Warranties and Commercial Terms
10.1 Except as set out here and to the extent permitted by law, we exclude all warranties in relation to the Beta Service, including as to reliability, availability and fitness for a particular purpose.
10.2 Australian Consumer Law. Nothing in this acknowledgement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.
10.3 Commercial terms, including any limitation of our aggregate liability, are dealt with in the Beta Access Agreement and take effect only if and when your organisation enters that Agreement. This acknowledgement does not create those commercial terms.
COUNSEL NOTE — CLAUSE 10 AND OVERALL
Because the Administrator now accepts as an individual Authorised User and does not bind the organisation, no legal entity is contractually bound to the commercial terms during the beta. Confirm this is the intended posture: terms of use are acknowledged by individuals; the commercial Beta Access Agreement (with the AUD $50,000 cap, verified against the Trust Centre) is entered at conversion to a paying customer. Confirm where the liability cap should live in the interim.
11. Acceptable Use and Confidentiality of the Beta
11.1 Use the Beta Service only for your organisation’s legitimate purposes and in accordance with the Acceptable Use Policy.
11.2 Do not publish screenshots, access links or details of the Beta Service outside your organisation’s Authorised Users without our written consent, while the service remains in beta.
12. Two Distinct Acts
12.1 Accepting this acknowledgement is an acceptance of terms. It is not an acknowledgement of any instruction. Acknowledging an instruction inside the Beta Service is a separate act, recorded separately.
13. Governing Law and Incorporated Documents
13.1 This acknowledgement is governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
13.2 The Privacy Policy, Trust Centre and Acceptable Use Policy apply to your use. The Trust Centre prevails on matters of security and data handling.
14. Acceptance
14.1 By selecting “Create account and set up organisation”, you confirm that: (a) your organisation has authorised you to create and administer its Cushi Beta environment and to invite and manage Authorised Users; (b) you have read and agree, as an individual Authorised User, to this acknowledgement, the Privacy Policy, the Trust Centre and the Acceptable Use Policy; (c) you understand the Beta Service is not your organisation’s system of record during the beta; and (d) you understand a Cushi Record is evidence of diligence, not proof of outcome.
14.2 A single acceptance confirms each matter in clause 14.1. No separate confirmation of the individual matters is required.
14.3 On acceptance, Cushi records your identity, your organisation, the role, the versions of this acknowledgement and each incorporated policy, and the date, time and technical audit information of acceptance. This acceptance record is separate from any acknowledgement of an instruction.
MANAGER
For the Manager who issues instructions
You are registering as a “Manager” — an Authorised User who issues instructions within the Cushi Beta Service on behalf of your organisation. This acknowledgement is between you and Superspeed.ai Pty Ltd (ACN 660 530 090) t/a Cushi.app. It does not make you personally a commercial party to any commercial arrangement. Any such arrangement is dealt with separately in the Beta Access Agreement.
1. Your Authority
1.1 You confirm your organisation has authorised you to use the Beta Service as a Manager.
1.2 You will create instructions only within the authority your organisation has given you.
1.3 You act as your organisation’s representative when you use the Beta Service. You do not take on personal commercial liability to us by accepting this acknowledgement, and nothing here limits any right you have that cannot be excluded at law.
2. What a Record Is
2.1 An instruction you issue, once acknowledged, forms a Cushi Record. That Record is evidence of what was communicated and acknowledged, dated before the work. It is evidence of diligence, not proof that work was done or done correctly, and it does not decide any dispute.
2.2 Records you create may become part of your organisation’s operational record.
3. Your Content and Privacy
3.1 Enter only instructions, documents and recipient details you are authorised to handle and to send to the intended recipient.
3.2 Do not enter information subject to legal professional privilege or a statutory secrecy obligation unless you are authorised to place it with a third-party custodian. If you are unsure, hold it back.
3.3 We handle personal information in accordance with the Privacy Policy.
4. Independent Custody
4.1 We hold each Record independently of both parties to the work — the person who issues the instruction and the person who acknowledges it — as contractual custodian, and not as trustee, fiduciary or escrow agent.
5. Acceptable Use and the Beta
5.1 You will use the Beta Service only for legitimate purposes of your organisation, and in accordance with the Acceptable Use Policy.
5.2 The Beta Service is under development and provided as is. Do not treat it as your organisation’s sole system of record during the beta.
5.3 Do not share screenshots, access links or beta details outside your organisation without our written consent.
6. Two Distinct Acts
6.1 Accepting this acknowledgement is an acceptance of terms. It is not an acknowledgement of any instruction. Acknowledging an instruction inside the Beta Service is a separate act, recorded separately.
7. Governing Law
7.1 This acknowledgement is governed by the laws of Queensland, Australia. The Privacy Policy, Trust Centre and Acceptable Use Policy apply to your use.
8. Acceptance
8.1 By selecting “Continue as Manager”, you confirm that: (a) your organisation has authorised you to use Cushi as a Manager, and you will issue instructions only within your authority; (b) you have read and agree to this acknowledgement, the Privacy Policy, the Trust Centre and the Acceptable Use Policy; (c) you will not enter privileged or secrecy-restricted information unless you are authorised to place it with a custodian; and (d) you understand a Cushi Record is evidence of diligence, not proof of outcome, and that accepting these terms is separate from acknowledging an instruction.
8.2 A single acceptance confirms each matter in clause 8.1. No separate confirmation of the individual matters is required.
8.3 On acceptance, Cushi records your identity, your organisation, the role, the versions of this acknowledgement and each incorporated policy, and the date, time and technical audit information of acceptance. This acceptance record is separate from any acknowledgement of an instruction.
MEMBER
For the Member who acknowledges instructions
You are registering as a “Member”. Your organisation has invited you to use Cushi to acknowledge instructions before work begins. This is a short acknowledgement between you and Superspeed.ai Pty Ltd (ACN 660 530 090) t/a Cushi.app. It does not make you a commercial party to anything and does not create personal liability to us.
1. Why You Are Here
1.1 Your organisation has invited or authorised you to use Cushi.
1.2 You will use Cushi only for your organisation’s legitimate purposes.
2. What Acknowledging an Instruction Means
2.1 When you acknowledge an instruction, Cushi records that you were given that instruction, in that version, and that you acknowledged understanding it, with the date and time.
2.2 That record is evidence of what you were told and acknowledged, before the work. It is not proof that the work was done or done correctly, and it does not decide any dispute.
2.3 Your acknowledgements may become part of your organisation’s operational record.
3. Who Holds the Record
3.1 Cushi holds the record independently of both parties to the work — the person who gave the instruction and you. Cushi holds it as custodian, and is not a trustee or escrow agent.
4. Privacy and Use
4.1 Cushi handles your personal information under the Privacy Policy.
4.2 Use Cushi in accordance with the Acceptable Use Policy. Do not share screenshots or access links outside your organisation.
4.3 This is a beta. It may change, and it should not be treated as your organisation’s only record during the beta.
5. Two Different Things
5.1 Ticking to accept this notice is not the same as acknowledging an instruction. You will acknowledge each instruction separately, inside Cushi, when it is given to you.
6. Governing Law and Your Rights
6.1 This acknowledgement is governed by the laws of Queensland, Australia. Nothing in it limits any right you have that the law does not allow to be excluded.
7. Acceptance
7.1 By selecting “Continue as Member”, you confirm that: (a) your organisation has invited or authorised you to use Cushi; (b) you have read and agree to this notice, the Privacy Policy and the Acceptable Use Policy; (c) you understand that acknowledging an instruction records that you were given it and understood it, and that this is evidence of what you were told, not proof the work was done; and (d) you understand that accepting this notice is separate from acknowledging an instruction.
7.2 A single acceptance confirms each matter in clause 7.1. No separate confirmation of the individual matters is required.
7.3 On acceptance, Cushi records your identity, your organisation, the role, the versions of this notice and the incorporated policies, and the date and time of acceptance. This is separate from any acknowledgement of an instruction you make later.