Terms of Service
Effective date: 1 May 2026 - Kutamo Pty Ltd, Victoria, Australia
These Terms of Service ("Terms") govern your access to and use of the Kutamo platform and related services ("Services") provided by Kutamo Pty Ltd ("Kutamo", "we", "us", or "our"), a company registered in Victoria, Australia. By creating an account or using the Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of yourself or your organisation, and agree to comply with these Terms and all applicable laws.
2. Description of Services
Kutamo provides a cloud-based meeting management and governance platform that enables organisations to plan, run, and document meetings, manage agendas and actions, conduct votes and polls, and maintain meeting records. Features may change over time; we will provide reasonable notice of material changes.
3. Account Registration
You must register for an account to use the Services. You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorised access.
One person or entity may not maintain more than one free account. Accounts registered by automated means or for the purpose of resale are prohibited.
4. Acceptable Use
You agree not to use the Services to:
- Upload or transmit content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene.
- Infringe the intellectual property rights of any third party.
- Distribute malware, viruses, or other malicious code.
- Attempt to gain unauthorised access to any part of the Services or another user's account.
- Interfere with or disrupt the integrity or performance of the Services.
- Scrape, crawl, or otherwise extract data from the platform by automated means without our written consent.
- Resell or sublicense access to the Services without our written consent.
- Violate any applicable laws or regulations, including Australian Privacy laws.
We reserve the right to suspend or terminate accounts that violate these provisions without notice.
5. Intellectual Property
The Kutamo platform, including its software, design, trademarks, and documentation, is owned by Kutamo Pty Ltd and protected by Australian and international intellectual property laws. These Terms do not grant you any ownership rights in the Services.
Your Content: You retain ownership of all data, documents, and content you upload to the platform ("Customer Data"). You grant Kutamo a limited, non-exclusive, royalty-free licence to process Customer Data solely as necessary to provide the Services to you. We will not use your Customer Data for any other purpose without your consent.
6. Payment and Billing
Paid plans are billed in advance on a monthly or annual basis as selected. All prices are in Australian dollars (AUD) unless otherwise stated and are exclusive of GST where applicable.
You authorise us to charge your nominated payment method for all fees due. Payments are processed by Stripe. If a payment fails, we may suspend your account after reasonable notice. Subscription fees are non-refundable except as required by the Australian Consumer Law (ACL).
We may change our pricing with 30 days' notice. Continued use after the effective date of a price change constitutes your acceptance.
7. Free Trials and Free Plans
We may offer free trials or free-tier plans at our discretion. We reserve the right to modify or terminate free offerings at any time with reasonable notice. At the end of a free trial, continued access requires upgrading to a paid plan.
8. Confidentiality
Each party agrees to keep confidential any non-public information of the other party disclosed in connection with the Services ("Confidential Information") and to use it only for the purposes of these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Data Privacy
Our collection and use of personal information is governed by our Privacy Policy and, where applicable, our Data Processing Agreement. By using the Services, you consent to the processing of your data as described in those documents.
10. Availability and Maintenance
We aim for high availability but do not guarantee uninterrupted access to the Services. Scheduled maintenance will be communicated in advance where practicable. We are not liable for interruptions caused by third-party providers, force majeure events, or circumstances beyond our reasonable control.
11. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be error-free or meet your specific requirements.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
12. Limitation of Liability
To the fullest extent permitted by law, Kutamo's total liability to you for any loss or damage arising out of or in connection with the Services shall not exceed the total fees paid by you to Kutamo in the 12 months immediately preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption, even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless Kutamo and its officers, directors, employees, and agents from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your Customer Data, or your violation of these Terms.
14. Termination
You may cancel your subscription at any time through your account settings or by contacting [email protected]. Access continues until the end of the current billing period.
We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in activity that poses a security or legal risk. Upon termination, your right to access the Services ceases and we will make your data available for export for 30 days before deletion.
15. Governing Law and Disputes
These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. For any dispute, the parties agree to attempt to resolve the matter in good faith before commencing formal proceedings.
16. Changes to These Terms
We may update these Terms from time to time. We will notify users of material changes by email or in-app notification at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
17. Entire Agreement
These Terms, together with our Privacy Policy, Cookies Policy, and (where applicable) Data Processing Agreement, constitute the entire agreement between you and Kutamo regarding the Services and supersede all prior agreements.
18. Contact
Kutamo Pty LtdPO Box 7319 Melbourne Victoria, 3004 Australia
Email: [email protected]