1. The agreement
These terms are an agreement between Chad and Gabsy Pty Ltd (ABN 70 633 285 631), Victoria 3104, Australia (“Provance”, “we”, “us”) and the organisation that uses Provance (“you”). By creating an account or using the service you accept them on behalf of your organisation, and you confirm you are at least 18 and allowed to bind it.
Our Privacy Policy and Acceptable Use Policy form part of these terms. If you have a signed Enterprise agreement with us, it takes precedence where it differs.
2. The services
- Provance Engine takes a product idea through intake, research, workshops and architecture to a delivery package.
- Provance Synthetic builds a domain's ontology, scenarios and gold standards and generates training conversations that are de-identified, checked and safety-reviewed before export.
- Compliance Pack de-identifies, checks and safety-reviews conversation data you bring, reports findings and, with your consent, rewrites conversations.
- The API, SDKs and evidence tools that go with them.
We improve Provance continually and may change features. We will not remove a core part of a paid plan during your current billing period, and we will give at least 14 days' notice before changing the hosted AI model a feature uses by default.
3. Accounts, seats and keys
- Owners, admins and members each use a seat on your plan; viewers do not.
- Keep sign-in details and API keys secure. An API key acts on behalf of the member who created it, with that member's role.
- You are responsible for what happens under your organisation's accounts and keys. Tell us at once if you suspect misuse.
- Only owners and admins can change plans, buy top-ups, manage API keys or make safety decisions.
4. Plans, billing and renewal
- Prices are on our pricing page and in the app. They exclude GST; GST at 10% is added to every order.
- Organisations billed in Australia pay in Australian dollars; everyone else pays in US dollars. The currency is fixed at your first purchase.
- Paid plans renew automatically at the end of each monthly or annual period, on your saved payment method, until you cancel. Allowances renew on the same date.
- Adding a product or upgrading takes effect straight away and is charged pro rata. Downgrades, removals and cancellations take effect at the end of the current period.
- Free plans and trials (such as Engine Free for 90 days) are never charged automatically. When a trial ends, you choose whether to buy a plan.
- An organisation that holds a paid Synthetic plan gets 10% off its Engine plan while it holds it.
- If a payment fails and is not recovered after automatic retries, AI work in every product pauses until the invoice is paid. Nothing is deleted.
Top-ups
- Synthetic top-up packs add conversations to an active paid plan. They are used after the plan's allowance, carry over into the next period once, then expire. Auto top-up is off unless you turn it on; each pack is charged before it is added, up to the maximum you set.
- Compliance Pack word top-ups add words checked and do not expire. A check that runs slightly over your remaining words (up to 10% of the run or 50,000 words, whichever is smaller) still finishes, and the difference is taken from your next top-up or renewal.
5. Refunds and disputes
- When you cancel or remove a product, it stays active until the end of the period you have paid for. There is no refund, full or partial, for a plan period already paid.
- A Synthetic top-up pack that is completely unused can be refunded within 14 days of purchase, in the app. If your plan ends early, unused packs within that window are refunded automatically.
- Compliance Pack word top-ups never expire and are not refundable once bought.
- If you open a chargeback on a subscription payment, AI work pauses until it is resolved. If the dispute is decided in our favour against you, your plan ends, but every unused top-up pack is still refunded, whatever its age. If it is decided in your favour, everything resumes.
Nothing in these terms limits rights you have under the Australian Consumer Law or other laws that cannot be excluded, including a refund for a major failure.
6. Fair use and limits
Each plan sets limits, shown in the app, such as projects, domains, conversations and words a month. In addition:
- Every Synthetic conversation generated counts towards your allowance, including ones the checks reject.
- When an allowance is used up, work already running finishes and new work waits until you add a top-up, upgrade, or the allowance renews. We do not charge overage fees.
- To protect you and the service, we may pause a run whose cost is far above normal, alert you to unusual use of an API key, ask you to confirm a very large run, and apply rate limits.
- Engine's hosted capacity is stated as an approximate number of project runs a month. Work using your own model key does not count against it.
- Do not create multiple accounts or organisations to get around free-plan limits.
7. Your content
You own the content you put into Provance. You give us permission to host, copy, process and transmit it only as needed to provide and secure the service for you, including sending de-identified text to the AI providers listed on our Sub-processors page. When your content includes personal information, our Data Processing Agreement forms part of these terms and governs how we process it.
Provance does not train AI models on your content, including the outputs it produces for you. This is a commitment under these terms.
You are responsible for your content, and you confirm that:
- you have the rights and permissions needed to give it to us and to have us process it;
- where it includes personal information, you have a lawful basis and have given any notices required, and you have chosen the privacy handling setting that suits it; and
- you will tell us before uploading sensitive information such as health information.
We handle personal information as described in our Privacy Policy. If you need a data processing agreement, contact us.
8. Your own AI keys
If you add your own model provider key for Engine, we use it to call that provider on your behalf. You are responsible for your agreement with that provider, its charges and its usage policies. Only the models Provance accepts for Engine work can be used. We are not responsible for the provider's availability or for what it does with the requests it receives.
9. Outputs
As between you and us, you own the outputs Provance produces for you: Engine documents and packages, generated conversations and datasets, reports and findings. Provance keeps the rights in its own software, methods, templates and evidence formats.
Outputs are produced with AI and can be wrong, incomplete or unsuitable for your purpose, even after Provance's checks. Review them before you rely on them. They are not legal, medical, financial or other professional advice. Similar outputs may be produced for other customers.
10. Evidence is not certification
Provance records and supplies evidence of what was done to your data: which checks ran, under which policy and model versions, who decided what and when. That evidence is not a certification, an audit opinion or legal advice, and it does not state that your data, model or system complies with any law, regulation or standard, including the EU AI Act or privacy law. Deciding whether you comply is your responsibility and your assessors'.
11. Acceptable use
You must follow our Acceptable Use Policy, and make sure everyone using your organisation's accounts and keys does too.
12. Our software and feedback
Provance, its software and its content belong to us or our licensors. You may use them only as these terms allow, and you may not copy, resell, reverse-engineer or build a competing service from them. Open-source components we publish, such as provance-verify, are licensed under their own licences. If you send us feedback, we may use it freely.
13. Availability and support
We work to keep Provance available and reliable, but unless an Enterprise agreement says otherwise we do not guarantee uninterrupted service. Maintenance and releases may briefly interrupt it. Support is by email at [email protected].
14. Confidentiality
Each of us will keep the other's non-public information confidential, use it only for this agreement, and share it only with people and providers who need it and are bound to protect it, or where the law requires.
15. Suspension
We may suspend all or part of your access if you do not pay, if you breach these terms or the Acceptable Use Policy, if your use threatens the security or stability of the service or other customers, or if the law requires it. We will tell you why and, where practical, give you a chance to fix the problem first. Suspension does not delete your data.
16. Cancellation and termination
You can cancel at any time in the app. Your account stays active until the end of the current paid period (the date it would have renewed), then the paid plan ends. Cancelling does not give a refund for the rest of that period.
We may end this agreement if you materially breach it and do not fix the breach within 30 days of our notice, or immediately for a serious breach of the Acceptable Use Policy.
Before your account closes, export anything you need. After it closes, we keep and then delete records as described in our Privacy Policy. Sections that by their nature should survive (such as ownership, liability and governing law) continue after the agreement ends.
17. Warranties and liability
Apart from the guarantees you have under the Australian Consumer Law and other laws that cannot be excluded, the service is provided “as is” and we give no other warranties, including that outputs will be accurate or fit for a particular purpose.
To the extent the law allows:
- where our liability for failing to meet a consumer guarantee can be limited, it is limited to supplying the service again or paying the cost of having it supplied again;
- neither of us is liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill; and
- our total liability under this agreement in any 12 months is limited to the fees you paid us in those 12 months.
These limits do not apply to your obligation to pay fees, or to liability that cannot be limited by law. You are responsible for claims by others arising from your content or from your use of Provance in breach of these terms.
18. Governing law
These terms are governed by the laws of Victoria, Australia. Each of us submits to the courts of that state or territory and the courts that hear appeals from them.
19. Changes to these terms
If we change these terms, we will post the new version here with a new “Last updated” date, and tell account owners by email in advance of any material change. A price change takes effect at your next renewal, not during a period you have already paid for. If you do not agree, you can cancel before the change applies.
20. General
If part of these terms cannot be enforced, the rest still applies. Not enforcing a right is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it to a successor of our business. Notices to us go to [email protected]; notices to you go to your organisation's owner email address.