Terms of Service

1. Acceptance & Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding agreement on behalf of yourself or your business. By using Sabiya, you confirm you meet these requirements.

If you are using Sabiya on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2. Account Registration

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Ensuring the information you provide is accurate and kept up to date
• Notifying us immediately at support@sabiya.com.au if you suspect unauthorised access

3. Subscriptions, Billing & Cancellation

Plans and pricing

Current plans and pricing are published at sabiya.com.au/pricing. All prices are in AUD and exclude GST. GST is added at checkout for Australian businesses. Annual billing is available at a discount.

Automatic renewal

Subscriptions renew automatically at the end of each billing period unless cancelled. You authorise us to charge your payment method on file.

Cancellation

You may cancel at any time from your account settings. Monthly plans cancel at the end of the current billing period — you retain access until then. Annual plans are non-refundable once the billing period has started; cancellation prevents renewal at the end of the annual term.

Upgrades and downgrades

Upgrades take effect immediately and are prorated. You are charged the difference for the remaining period. Downgrades take effect at the start of your next billing cycle; unused credit is held against future invoices.

Price changes

We reserve the right to change pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing period after the notice period.

Payment processing

Payments are processed by Stripe. We do not store credit card or bank account details.

4. Free Trial

New accounts receive a 14-day free trial. No credit card is required to start. On day 12, you will be prompted to add a payment method. If no payment method is added by the end of the trial, your account will be suspended and downgraded to a read-only state.

Your data is retained for 30 days after trial expiry. After 30 days without a paid subscription, account data may be permanently deleted.

5. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, or harmful purposes
• Attempt to reverse engineer, decompile, or exploit the platform
• Upload malicious code, spam, or infringe on intellectual property rights
• Use the Services in a way that degrades performance or availability for other users
• Scrape or systematically extract data from the platform without written consent
• Misrepresent your identity or affiliation when using the Services
• Use the AI features to generate content that is misleading, defamatory, discriminatory, or that impersonates real individuals without authorisation
• Send unsolicited marketing communications or use the booking widget for goods or services that are illegal in the recipient's jurisdiction

We reserve the right to suspend accounts that violate these conditions without prior notice.

6. User Content & Data Ownership

You retain full ownership of all content, business data, and customer data you submit to Sabiya.

By using the Services, you grant us a limited, non-exclusive, royalty-free licence to process your content solely to provide, operate, and improve the Services. We do not claim ownership over your data and we do not use your data to train AI models.

You are responsible for ensuring you have the right to submit any content or data you provide, including visitor data collected via Connect.

7. Third-Party Integrations & Connected Services

The Services support optional integrations with third-party platforms, including Google Workspace (Calendar, Search Console, Analytics), Stripe, and others. When you connect a third-party service:

• You authorise Sabiya to access that service on your behalf using only the scopes you approve during authorisation.
• Your use of each third-party service remains governed by that provider's own terms and privacy policy.
• Sabiya is not responsible for the availability, accuracy, security, or behaviour of third-party services, or for changes those providers make to their APIs or terms.
• You may disconnect any integration at any time from the Integrations page in your Sabiya workspace. For Google services, you may also revoke access directly at myaccount.google.com/permissions.

Sabiya's handling of data accessed through third-party integrations is described in Section 5 of our Privacy Policy.

8. Data Processing & Visitor Data

When you use Sabiya Connect to collect visitor data on your own website — including conversation transcripts, contact details, and behavioural signals captured through the chat widget — the following applies:

• You are the data controller. You determine the purposes and means of processing visitor data.
• Sabiya is the data processor. We process visitor data on your behalf, in accordance with these Terms, the Privacy Policy, and your configuration settings.
• Your obligations. You are responsible for providing your own privacy notice to visitors, obtaining any necessary consents, and complying with applicable privacy laws (including the Australian Privacy Principles and, where relevant, the New Zealand Privacy Act 2020).
• Sub-processors. You authorise Sabiya to use the sub-processors listed in Section 4 of the Privacy Policy. We will give reasonable notice of material sub-processor changes.
• Security. We apply the security measures described in Section 7 of the Privacy Policy.

If your business is subject to additional regulatory requirements (for example, healthcare or financial services), you are responsible for assessing whether the Services are appropriate for your use case.

9. Beta Features

From time to time, Sabiya may make features available on a preview, beta, alpha, or experimental basis ("Beta Features"). Beta Features:

• Are provided "as is" without any warranty or service-level commitment.
• May be modified, replaced, or removed at any time without notice.
• May not be subject to the same security, performance, or support standards as generally available features.
• Should not be used for production workloads or to process sensitive data unless explicitly stated otherwise.

You may provide feedback about Beta Features. You grant Sabiya a perpetual, royalty-free licence to use that feedback to improve the Services. We will not identify you in connection with feedback without your consent.

10. Intellectual Property

All platform content, branding, design, software, and AI models are owned by or licensed to Sabiya and protected under Australian and applicable international intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

11. Service Availability

We aim for high availability but do not guarantee uninterrupted or error-free access. We may modify, suspend, or discontinue features of the Services at any time. Where material changes affect paid plans, we will provide reasonable notice.

12. Termination

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law.

You may close your account at any time via account settings. Upon termination, your right to use the Services ceases.

Upon termination or account closure, Sabiya will revoke any OAuth tokens associated with your account, delete cached data from connected third-party services (including Google APIs) within 30 days, and follow the data deletion timeline described in our Privacy Policy. You may export your data via your account settings before closing your account.

13. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or reliability. AI-generated outputs may contain errors and should not be relied upon as professional legal, financial, or medical advice.

14. Limitation of Liability

To the maximum extent permitted by law, Sabiya is not liable for indirect, incidental, special, or consequential damages arising from your use of the Services, including loss of data, revenue, or business opportunity.

Our total liability to you in any 12-month period is limited to the fees you paid to us during that period.

Nothing in these Terms excludes or limits liability that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

15. Indemnification

You agree to indemnify and hold harmless Sabiya, its affiliates, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services in breach of these Terms or applicable law;
• Content, data, or instructions you submit to the Services, including visitor data collected through Connect;
• Your infringement or alleged infringement of any third-party intellectual property, privacy, or other right;
• Any claim by a visitor to your website arising from your use of Connect.

Sabiya will indemnify and defend you against any third-party claim that the Services themselves (excluding your content, configurations, or data) infringe a registered Australian intellectual property right, provided you promptly notify us of the claim in writing, give us sole control of the defence and any settlement negotiations, and cooperate with our reasonable requests. This is your exclusive remedy for any intellectual property claim arising from the Services.

16. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, and outages or service disruptions affecting third-party providers we rely on (including AWS, Supabase, Vercel, Stripe, Resend, and Google).

The affected party will notify the other as soon as reasonably practicable and use reasonable efforts to mitigate the impact.

17. Governing Law & Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation. If unresolved after 30 days, either party may refer the dispute to mediation in Sydney, NSW (which may be conducted remotely), before proceeding to litigation.

New Zealand users: where applicable, the Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986 (NZ) may apply and are not excluded by these Terms.

18. General Provisions

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Sabiya may assign these Terms in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of its assets, in which case we will notify you in advance.

Notices

We may send notices to you by email to the address associated with your account. You may send notices to us at support@sabiya.com.au. Notices are deemed received on the next business day after sending.

Entire agreement

These Terms, together with the Privacy Policy and any order form or written agreement you have signed with us, constitute the entire agreement between you and Sabiya regarding the Services and supersede any prior agreements or understandings.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while reflecting the original intent.

No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Sabiya.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email with at least 14 days' notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

20. Contact

Questions about these Terms?

support@sabiya.com.au