Terms of Use

Creator Capital Pty Ltd
Suite 302, 13/15 Wentworth Ave, Sydney NSW 2000
Email: admin@creatorcapitalmgmt.com
Last Updated: August 2025

Introduction

Welcome to Riskify, an AI-powered platform for generating Safe Work Method Statements (SWMS). Our service provides Australian businesses and individuals with tools to create SWMS documents to assist with workplace safety compliance. (A SWMS is a safety planning document required for certain high-risk construction work under Australian Work Health and Safety (WHS) regulations .) These Terms of Service (“Terms”) govern your use of Riskify’s website and services (“the Platform”). By accessing or using Riskify, you agree to comply with these Terms. If you do not agree, you must not use the Platform.

Acceptance of Terms

By creating an account or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms form a binding legal agreement between you (the User) and Riskify (referred to as “we,” “us,” or “our”). We may update these Terms from time to time. We will notify users of material changes (for example, via email or a notice on our site), and continued use of the Platform after changes means you accept the revised Terms.

Eligibility and Australian Use Only

The Platform is intended for users located in Australia and is designed to comply with Australian laws and regulations. By using Riskify, you represent that you are accessing the service from within Australia and are at least 18 years old (or the age of legal majority in your jurisdiction). We make no representation that the Platform is appropriate or available for use outside Australia, and access from other jurisdictions is at your own risk. Users are responsible for ensuring that use of the Platform is lawful in their location.

Account Registration and Security

To use Riskify, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. User Responsibilities:

• Account Security: You must safeguard your username and password. Do not share your credentials with others, and notify us immediately of any unauthorized use of your account.

• Account Use: You must not impersonate another person or use someone else’s account. Each subscription license is intended for a single user or a single company entity (as agreed) and should not be shared beyond the authorized users.

• Accurate Information: Ensure that any information you input into the Platform (e.g. company name, project details) is correct and lawful to use. You must have the rights or permission to use any content or data you input.

Subscription, Payment, and Cancellation

Subscription Model: Riskify operates on a monthly subscription basis. Upon subscribing and paying the applicable monthly fee, you are granted a non-transferable, limited license to access and use the Platform to generate unlimited SWMS documents during your subscription term. Subscription fees are charged in advance on a recurring monthly cycle. By providing a payment method, you authorize us to charge the monthly subscription fee to your chosen payment instrument. All prices are in Australian dollars (AUD) and inclusive of any applicable taxes, unless stated otherwise.

Billing and Renewal: Subscriptions will automatically renew at the end of each monthly period unless you cancel your subscription before the next billing date. You will be billed on the same day each month corresponding to the date of your initial subscription. If the billing date falls on a non-existent date in a month (e.g., 31st), billing will occur on the last day of that month. It is your responsibility to ensure that your payment information is current and that you have sufficient funds for the fee. If a payment fails, we may attempt to re-process the charge or suspend your access until payment is received.

No Refund Policy: Riskify maintains a no-refunds policy for subscription fees. This means that once a monthly period is paid, it is non-refundable (for instance, if you cancel mid-month, you will not receive a pro-rata refund for the remaining days of the period). You will continue to have access to the Platform until the end of the paid term, but future renewals will be stopped upon cancellation. This policy does not affect any rights you may have under Australian Consumer Law.We emphasize that we do not offer refunds for change of mind or unused time in a billing cycle. However, this no-refund policy is subject to and will not limit your statutory rights. In Australia, businesses cannot exclude consumer guarantees or refuse remedies for major failures of a service . If the service we provide fails to meet a consumer guarantee under the Australian Consumer Law – for example, if the service is not delivered with due care or does not achieve the advertised results – you may be entitled to a remedy (such as a fix, or in case of a major problem, a refund or compensation). Apart from such circumstances required by law, all sales are final and no refunds will be provided.

Cancellation: You may cancel your Riskify subscription at any time via your account settings or by contacting our support. Cancellation will stop future automatic payments. You will retain access to premium features until the end of your current paid month, after which your account may revert to limited or free access (if available) or be deactivated. We do not charge any cancellation fee. To avoid being charged for the next period, cancel at least 24 hours before your next billing date. Once cancelled, you will not be billed further, but no refunds will be given for any remaining days in your current subscription term (consistent with the no-refund policy above).

Free Trials and Promotions: If we offer a free trial or introductory promotional rate, such offers are subject to these Terms as well. Free trials are only available to new subscribers (one per person or organization). After the free trial period ends, your subscription will automatically convert to a paid plan and you will be charged, unless you cancel before the trial ends. Any promotional discounts apply only for the specified term and will auto-renew at the regular price thereafter.

License and Permitted Use

License Grant: Subject to your ongoing compliance with these Terms and payment of applicable fees, Riskify grants you a limited, non-exclusive, non-transferable license to access and use the Platform for the purpose of generating and downloading Safe Work Method Statements for your internal business or personal use. This license is provided for your use only – you may not resell, distribute, or provide access to the Platform or its outputs to any third party except as necessary for your own business operations (for example, sharing a generated SWMS with your employees or worksite supervisors is permitted, since that is the intended use of the document).

Use of Generated Content: You have the right to use, modify, and reproduce the SWMS documents generated through the Platform for legitimate purposes (such as workplace safety compliance, site inductions, or client requirements). Riskify does not claim ownership of the specific content you input into the Platform or the individualized outputs produced for you. However, by using the Platform to generate content, you grant Riskify the right to use your input data as necessary to operate the service (for example, to feed the information to the AI engine to generate your document) and to store your generated SWMS in your account. We will handle any personal or sensitive information in your inputs in accordance with our Privacy Policy (see “Privacy” section below).

Restrictions on Use: You agree to use Riskify only for lawful purposes and in accordance with these Terms. Prohibited uses include (but are not limited to):

• Unlawful Activities: You must not use the Platform to engage in any activity that violates any law or regulation. This includes (but is not limited to) using the service to create fraudulent or misleading documents, or to assist in any unsafe work practices that would violate WHS laws.

• Unauthorized Access & Interference: You must not attempt to disrupt or interfere with the Platform’s operation or access areas/features you are not authorized to use. This means no hacking, probing, or introducing malicious code (viruses, worms, etc.).

• Misuse of Content: You must not remove any disclaimers or notices from the generated SWMS that indicate it was produced with Riskify (if such notice is present). You also should not misrepresent the origin of the document to others.

• Reverse Engineering: You will not reverse engineer, decompile, or otherwise attempt to extract the source code or underlying algorithms of our platform or AI systems.

• Excessive Use: The subscription provides “unlimited” generation for fair use in good faith. Excessive automated requests or attempts to use the Platform in a manner that burdens our infrastructure (for example, using bots or scripts to generate massive numbers of documents) are not allowed. We reserve the right to impose usage limits or suspend accounts that abuse the service.

• Third-Party Rights: Do not input or upload content that you do not have the right to use. If you upload any logos or external materials into a SWMS, ensure you have permission. You must not use the Platform to infringe on the intellectual property or privacy rights of others.

Intellectual Property Rights

Our Intellectual Property: All content and materials on the Platform (excluding the specific SWMS documents you generate for your use) are owned by or licensed to Riskify. This includes the software code, algorithms, design, text, graphics, logos, trademarks “Riskify”, and any templates or generic content provided within the Platform. The structure and compilation of content on our website and application are protected by intellectual property laws. You must not reproduce, distribute, create derivative works from, or publicly display any portion of our Platform’s content or design without our prior written permission, except as allowed under these Terms. Use of our trademarks is not permitted without our express consent.

Your Data and Inputs: You retain ownership of any data, text, or materials you upload or provide to the Platform (for example, the details of your project or workplace that you input to generate a SWMS). By providing this content, you warrant that you have the necessary rights or permissions to use it and to grant us the license to process it for the purpose of providing the service. We do not use your personal or project data for any purpose outside of providing and improving the Riskify service (as detailed in our Privacy Policy). We do not claim ownership of the specific output documents created from your data; those outputs are intended for your use. However, we may maintain copies of generated SWMS on our servers associated with your account for your later access and our internal purposes (like improving our templates or algorithms), while adhering to our confidentiality and privacy commitments.

Feedback: If you submit feedback, ideas, or suggestions about the Platform to us, you agree that we can use and implement those ideas without compensation or obligation to you. Any improvements or modifications to the Platform based on your feedback are owned by Riskify.

Privacy and Data Security

Your use of the Platform is also governed by our Privacy Policy (see the separate section below), which explains how we collect, use, and protect your personal information. By using Riskify, you consent to such processing of your data and you warrant that all data provided by you is accurate. Key points: we comply with the Australian Privacy Act 1988 (Cth) regarding the handling of personal information , and we will not sell or disclose your personal information to third parties for marketing without your consent. We use secure methods to transmit and store your data, and we employ an AI engine (OpenAI’s GPT technology) to generate content — which means some of your input data is processed by an AI service. We ensure that any third-party service providers (such as the AI engine) are bound to confidentiality and data security obligations. For details, please review our Privacy Policy.

Safe Work Method Statements and User’s Obligations

Riskify’s core service is to assist you in creating Safe Work Method Statements. User’s Responsibility for Compliance:While our Platform provides a structured template and AI-generated suggestions, you are responsible for ensuring that each SWMS is accurate, complete, and compliant with applicable laws for your particular workplace. Australian WHS laws require that SWMS be tailored to the specific site and job conditions and that they be reviewed and updated as needed . You must review any SWMS generated by the Platform and make any necessary adjustments or additions to address the actual hazards and controls in your work environment . Using the Platform does not guarantee compliancewith WHS regulations or that your work will be safe – it is a tool to aid you, but it does not replace your duty of care and compliance obligations under law.

No Professional Advice: The content generated by Riskify (including SWMS templates or recommendations) is provided for general information purposes to assist with safety planning. It does not constitute legal, occupational health and safety, or other professional advice. The Platform’s AI may suggest risk controls or safety measures based on common scenarios, but these suggestions might not encompass all risks or legal requirements for your specific situation. You should consider consulting a qualified safety professional or referring to Safe Work Australia and local regulators’ guidance for complex or high-risk scenarios. If you are unsure about compliance or the adequacy of a SWMS, seek expert advice. Using Riskify does not establish a client-professional relationship between you and Riskify or any safety consultant – we are a software service, not a certified safety consultancy.

User Liability for Input: You are solely responsible for the content of the SWMS documents you generate using our Platform. This includes any text you input or edit. Riskify is not responsible for any claims or liabilities arising from the content you create using our service. Ensure that any protocols or controls you document in a SWMS are actually implemented in practice at your worksite. Simply generating a document is not sufficient; you must also ensure that work is carried out in accordance with the SWMS and all workers understand it, as required by law.

Service Availability and Support

We strive to keep Riskify available and running smoothly at all times. However, we do not guarantee uninterrupted service. There may be occasions when the Platform is unavailable due to maintenance, upgrades, network issues, or other reasons. We will endeavor to perform maintenance during off-peak hours and to notify users of significant downtime in advance, but this may not always be possible. User Data Backup: We implement regular backups of user-generated content on our servers for safety, but we encourage you to keep your own copies of important SWMS documents. We are not liable for data loss (see “Disclaimers and Liability” below).

If you encounter any issues with the Platform, you can reach out to our support team (contact details in the Contact section below). We aim to respond to support inquiries in a timely manner. However, support is provided on a best-effort basis; we do not guarantee any specific response times or resolutions.

Termination and Suspension

By User: You have the right to stop using Riskify at any time. You may also delete your account or cancel your subscription as described in the “Cancellation” section. Termination of your account will result in loss of access to the Platform’s features. We may retain certain information as required by law or as outlined in our Privacy Policy, but will handle all retained data in accordance with that policy.

By Riskify: We reserve the right to suspend or terminate your access to the Platform (in whole or in part) under the following circumstances:

• Breach of Terms: If you violate any of these Terms or engage in prohibited conduct, we may suspend your account immediately and, if the issue is not resolved or is severe, terminate your account.

• Non-Payment: If subscription fees cannot be charged to your provided payment method and you do not rectify the payment issue promptly, we may suspend access to paid features until payment is made. If payment is not received within a reasonable period, we may treat the subscription as cancelled.

• Security Threats: If we detect behavior from your account that poses a security threat to our systems (e.g., detected hacking attempts, bot usage, or other malicious activity), we may suspend your access to protect the system. We will attempt to contact you if reasonable to resolve the issue.

• Legal Compliance: If required to do so by law enforcement or government authority (for instance, due to unlawful content or a court order), or if your use of the Platform could result in legal liability to Riskify, we may terminate or suspend your access.

If we terminate your account for breach of these Terms, you will not be entitled to any refund of any subscription fees you have paid (unless required by law). We may also refuse to allow you to register a new account in such cases. Termination of your account will not remove liability for any past breaches or obligations you may have (for example, any indemnification obligations or any fees owed).

Disclaimers of Warranties

“As-Is” Service: Riskify is provided on an “as is” and “as available” basis. While we strive for quality and accuracy, we make no warranties or guarantees that the Platform will meet your requirements, achieve any intended results, or be suitable for your particular purpose. We do not warrant that the service will be uninterrupted, timely, secure, or error-free . Generation of SWMS content through our AI is a probabilistic process and might occasionally produce content that is irrelevant, incorrect, or requires revision. We make no warranty that any generated document will be complete, accurate, or sufficient to satisfy your legal obligations or operational needs.

No Warranty on Results: You acknowledge that safety outcomes depend on many factors outside our control (such as how you implement the SWMS, on-site supervision, worker training, etc.). Riskify does not guarantee that using our service will prevent accidents, meet all compliance requirements, or that regulators will approve your SWMS in every case. Use your own judgment and due diligence when using the outputs. Any reliance you place on the generated content is at your own risk.

Third-Party Services: Riskify’s Platform may integrate or utilize third-party services as part of its functionality (for example, using the OpenAI GPT engine to generate text, or a payment gateway to process payments). We do not make any warranties regarding the services provided by third parties. However, we will take reasonable steps to contract with reputable providers and ensure they meet security and reliability standards. That said, we aren’t responsible for acts or omissions of third-party providers. (For example, if the AI service experiences an outage or returns unsuitable content, or if a payment processor’s system goes down, those events are outside our direct control.)

Beta Features: If we release any beta features or trials of new functionalities, those are offered “as is” for evaluation purposes and without any warranties whatsoever. We appreciate user feedback on experimental features, but we aren’t liable for issues arising from their use.

Apart from the warranties expressly set out in these Terms, all other express or implied warranties and representations are excluded to the maximum extent permitted by law. If any statute (such as the Competition and Consumer Act 2010 (Cth)) implies non-excludable warranties into this agreement, then to the extent that we are entitled under the law, we limit our liability for breach of such warranty to either re-supplying the services to you or paying the cost of having the services re-supplied (at our option).

Limitation of Liability

No Indirect Liability: To the fullest extent permitted by Australian law, Riskify and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Platform, or the generation or use of any SWMS or other documents from the Platform . This includes, without limitation, any loss of business, loss of profit, loss of data, business interruption, or loss of reputation, even if we have been advised of the possibility of such damages. We are not liable for any accidents, injuries, fines, penalties, or legal fees that may result from an inadequate or improperly used SWMS generated by our service. You assume all responsibility for using the outputs of Riskify appropriately to manage safety.

Cap on Direct Damages: To the extent permissible by law, the total aggregate liability of Riskify for any claims arising out of or relating to these Terms or the service will not exceed the amount of fees you have paid to us in the past twelve (12) months (or, if greater, AUD $100 as an arbitrary cap where no fees were paid, or such other minimum amount required by law). This limitation applies to all claims of liability (e.g., whether based in contract, tort, statute, or any other legal theory). Where a jurisdiction’s law does not allow the exclusion or limitation of certain damages, portions of the above limitation may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement. If the law implies warranties or conditions or imposes obligations on Riskify which cannot be excluded, restricted or modified except to a limited extent, we limit our liability to the extent permitted by law. Specifically, if we are in breach of a non-excludable condition or warranty, to the extent permitted by law, our liability is limited (at our option) to: (a) re-supplying the services to you or (b) paying the cost of having the services supplied again.

This “Limitation of Liability” section survives termination of your account or these Terms.

Indemnification

You agree to indemnify, defend and hold harmless Riskify Pty Ltd and its affiliates, directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Platform or any content generated through it; (b) your violation of any law or regulation (including WHS laws or Privacy laws) in connection with your use of Riskify; (c) your breach of any provision of these Terms; or (d) any claim that content you provided (inputs) or outputs you generated using the Platform infringes or misappropriates the intellectual property or privacy rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with us in that defense). This indemnity obligation will survive termination of your relationship with Riskify and these Terms.

You agree to indemnify and hold harmless Riskify from and against any enforcement action, regulatory proceeding, fine, penalty, or other cost arising out of or in connection with: (a) the use of any SWMS or other content generated via the Platform that is inaccurate, incomplete, outdated, or otherwise non-compliant with WHS, privacy, or intellectual property law; or (b) any input of false, misleading, infringing, or unlawfully obtained information into the Platform. Users are solely responsible for the legal consequences of their inputs and the subsequent use or distribution of generated outputs.

Governing Law and Jurisdiction

These Terms of Service, and any dispute or claim arising out of or in connection with them or the use of the Platform, are governed by the laws of New South Wales, Australia, and by the applicable federal laws of Australia. By using the Platform, you agree that any disputes will be subject to the non-exclusive jurisdiction of the courts in New South Wales. This means that if you bring a claim against Riskify, it may be resolved in a court located in New South Wales, though we reserve the right to seek injunctive or equitable relief in any jurisdiction if necessary. If you are using the Platform outside of New South Wales, you are still responsible for complying with all local laws, but these Terms will still be interpreted under NSW law.

Changes to Terms

We may modify or update these Terms from time to time to reflect changes in our service, legal obligations, or for other operational reasons. When we make changes, we will update the “Last updated” date at the top of the Terms and, for significant changes, we will provide a prominent notice (such as on our website homepage or via email notification to the address associated with your account). It is also your responsibility to check these Terms periodically for any changes. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with a change, you should cancel your subscription and stop using the Platform before the updated Terms take effect.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out to us at:

Riskify Pty Ltd

Email: support@riskify.com.au (example)

Postal Address: [To be provided – e.g., Business Address in NSW]