Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Hoist AI platform and related services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

These Terms are a legally binding agreement between you and Hoist AI Pty Ltd (ABN 12 345 678 901) ("Hoist AI", "we", "us", or "our"). If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

You must provide accurate account information and keep credentials secure. You are responsible for all activity that occurs under your account.

You must promptly notify us of suspected unauthorized access. We may suspend or restrict access where needed to protect the Service, users, or third parties.

Hoist AI provides software tools for opportunity discovery, qualification support, drafting assistance, collaboration, and related analytics for grant and procurement workflows.

We may add, modify, or remove features at any time. Some features may be designated beta, preview, or experimental and may be unavailable, changed, or discontinued without notice.

You retain ownership of the content you upload, submit, or generate through the Service ("Customer Content").

You grant Hoist AI a limited, non-exclusive license to host, copy, transmit, display, and process Customer Content solely to provide, secure, maintain, and improve the Service.

You represent and warrant that you have all rights, permissions, and lawful basis needed to provide Customer Content and to authorize the processing described in these Terms.

The Service may provide AI-generated outputs, suggestions, summaries, rankings, scores, and draft language. AI outputs may be inaccurate, incomplete, or outdated.

You are solely responsible for reviewing, validating, and approving all outputs before use or submission to funders, agencies, partners, or the public.

Hoist AI does not provide legal, procurement, tax, accounting, or professional advice through the Service. You should obtain professional advice where appropriate.

Hoist AI does not guarantee funding outcomes, shortlist placement, procurement awards, compliance outcomes, or business results.

You must not: • Use the Service for unlawful, deceptive, or fraudulent purposes. • Submit content that infringes intellectual property, privacy, confidentiality, or other rights. • Upload malware, attempt unauthorized access, or interfere with the Service. • Reverse engineer, scrape, or systematically extract Service data except as expressly permitted. • Use the Service to develop competing models or services in violation of applicable law. • Misrepresent AI-generated content as independently verified when material verification has not occurred.

We may investigate violations and take appropriate action, including suspension or termination.

The Service may integrate with third-party providers (for example identity, billing, AI model, communication, or cloud storage providers). Your use of third-party services is governed by their terms and policies.

By enabling integrations, you authorize us to exchange relevant data with those providers to operate requested functionality. Hoist AI is not responsible for third-party systems, outages, policy changes, or acts and omissions outside our control.

Paid features are billed on a recurring basis according to your selected plan. By subscribing, you authorize charges to your designated payment method.

Unless otherwise stated, fees are non-refundable except as required by law. You may cancel renewal at any time, with cancellation effective at the end of the current billing period.

We may change pricing or plan terms with advance notice. Applicable taxes, duties, and governmental charges are your responsibility unless stated otherwise.

The Service, including software, interfaces, branding, and related materials, is owned by Hoist AI and its licensors and is protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

Each party may receive non-public information from the other party. The receiving party will use such information only as needed to perform under these Terms and will protect it with reasonable care.

Confidentiality obligations do not apply to information that is public through no breach, already known without restriction, independently developed, or rightfully obtained from a third party.

We implement reasonable administrative, technical, and organizational safeguards designed to protect Service data.

You acknowledge that no method of transmission or storage is completely secure. You are responsible for configuring your internal controls and account settings in a manner appropriate for your risk profile and regulatory obligations.

You may stop using the Service at any time. We may suspend or terminate your access immediately if you breach these Terms, create legal or security risk, or if required by law.

Upon termination, your right to use the Service ends. Subject to applicable law and our retention obligations, we may delete or de-identify Customer Content after termination.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, HOIST AI DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR SUITABLE FOR ANY SPECIFIC FUNDING OR PROCUREMENT PURPOSE.

Nothing in these Terms excludes, restricts, or modifies any non-excludable rights you may have under applicable law, including the Australian Consumer Law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: • HOIST AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. • HOIST AI WILL NOT BE LIABLE FOR LOSS OR REJECTION OF A GRANT OR PROCUREMENT APPLICATION, MISSED DEADLINES, OR RELIANCE ON AI OUTPUTS. • HOIST AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HOIST AI FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.

These limitations apply whether the claim is in contract, tort (including negligence), statute, or otherwise, and even if a limited remedy fails of its essential purpose.

You will defend, indemnify, and hold harmless Hoist AI and its officers, directors, employees, and affiliates from and against claims, liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or related to: • Your use of the Service. • Your Customer Content. • Your breach of these Terms. • Your violation of applicable law or third-party rights.

Neither party is liable for delay or failure to perform due to causes beyond reasonable control, including natural disasters, internet or utility failures, labor disputes, civil unrest, governmental action, or third-party platform outages.

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of laws principles.

You and Hoist AI submit to the exclusive jurisdiction of the courts of Victoria, Australia, except where mandatory consumer protection laws in your jurisdiction require otherwise.

We may update these Terms from time to time. If we make material changes, we will provide notice by posting updated Terms, by email, or through in-product messaging.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms.

If you have questions about these Terms, contact:

Hoist AI Pty Ltd Level 4, 31 Queen Street Melbourne VIC 3000 Australia

Email: legal@hoist.ai Phone: +61 3 9000 0000