These terms set out the rules for using Enki Invoice. Please read them carefully, as they form an agreement between you and us. This document is a general template and is not legal advice. You should have it reviewed by qualified counsel before relying on it.
1. Acceptance of these terms
These Terms of Service ("Terms") govern your access to and use of Enki Invoice (the "Service"), operated by Enki Invoice ("we", "us"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation.
2. Your account
You must provide accurate information and keep your credentials secure. You are responsible for all activity under your account. You must be at least 18 years old and capable of forming a binding contract.
3. The Service
Enki Invoice provides tools for invoicing, contract drafting and electronic signature, time tracking, rate agreements, multi-currency conversion, a client portal, and related features. We may add, change, or remove features over time.
- Invoices and PDFs are generated from the data you enter; you are responsible for their accuracy and for your own tax and regulatory compliance.
- Electronic signatures are facilitated through the Service; the legal validity of any signed document depends on applicable law in your jurisdiction.
- AI features (such as voice-to-timesheet parsing and contract review) are assistive only and may contain errors. Review their output before relying on it.
4. Not legal, tax, or accounting advice
Enki Invoice is software. It is not a law firm, accounting firm, or tax adviser, and using the Service does not create any professional-client relationship. The contract templates, AI-assisted risk review, calculations, and other resources we make available are provided for general information only and are not legal, tax, accounting, or other professional advice.
You are solely responsible for determining whether any document, calculation, or output is appropriate for your circumstances, for obtaining advice from a qualified professional, and for your own compliance with all applicable laws. You should not rely on the Service as a substitute for professional advice.
5. Payments
Where you accept payments from your clients, the Service integrates with our payment processing provider. Your use of that provider is subject to the provider's own terms. We are not a party to transactions between you and your clients and do not hold funds on your behalf. We do not guarantee that you will be paid, that any payment will clear, or that any dispute, chargeback, or refund will be resolved in your favour. Any subscription fees for the Service will be described at the point of purchase.
6. Acceptable use
You agree not to:
- use the Service for unlawful, fraudulent, or misleading invoicing or contracts;
- send communications that are spam, harassing, or that violate anti-spam laws;
- attempt to breach security, access other users' data, or disrupt the Service;
- upload content that infringes intellectual property or privacy rights; or
- reverse engineer or resell the Service except as permitted by law.
7. Your content
You retain all rights to the data and documents you upload or create ("Your Content"). You grant us a limited licence to host, process, and display Your Content solely to provide the Service. You are responsible for having the rights necessary to submit Your Content.
8. Our intellectual property
The Service, including its software, design, and trademarks, is owned by us and our licensors and is protected by intellectual-property laws. These Terms do not grant you any rights to our branding except as needed to use the Service.
9. Disclaimers and no warranties
The Service is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. We expressly disclaim all implied warranties, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, secure, timely, or error-free, that defects will be corrected, that any data will not be lost, or that AI-generated output, tax or currency calculations, contract templates, or any other output is accurate, complete, current, lawful, or suitable for your circumstances. You use the Service, and rely on any output, at your own risk. Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under non-excludable consumer law (for example, the Australian Consumer Law).
10. No guarantee of results or availability
We do not guarantee any particular result from using the Service, including that you will be paid, win business, achieve compliance, or that documents you create will be valid or enforceable. We do not guarantee any level of uptime or availability and may modify, suspend, or discontinue all or part of the Service, including any feature, at any time without liability to you.
11. Limitation of liability
To the maximum extent permitted by law, we (and our affiliates, officers, employees, and suppliers) will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary losses, or for any loss of profits, revenue, business, savings, data, goodwill, or reputation, arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), or any other theory, and whether or not we have been advised of the possibility of such losses.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or AUD 100. These limitations apply even if a remedy fails of its essential purpose, and form a basis of the bargain between you and us.
12. Indemnification
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless us and our affiliates, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to your use or misuse of the Service, Your Content, your breach of these Terms or applicable law, your invoices, contracts, or communications, or your infringement of any third-party right.
13. Suspension and termination
You may stop using the Service at any time. We may suspend, restrict, or terminate your access at any time, with or without notice, if you breach these Terms, if we reasonably suspect misuse or risk to the Service or others, or to comply with law. On termination, your right to use the Service ends; you may export Your Content beforehand, and we will handle remaining data as set out in our Privacy Policy. Sections that by their nature should survive termination (including disclaimers, limitation of liability, and indemnification) will survive.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app). Continued use after changes take effect constitutes acceptance.
15. Governing law and contact
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts. Questions about these Terms can be sent to hello@enkidigital.solutions.