Free Access Terms of Service

Parties

1. These Free Access Terms of Service (Terms) are between AML Assured Pty Ltd (ACN 693 940 706 / ABN 27 693 940 706) of North Melbourne VIC 3051 (AML Assured, we, us, our) and the individual and organisation identified at account registration (you, your, Customer).
2. By registering for an account and activating access to the AML Assured platform (Platform), you confirm that you have the authority to bind the organisation on whose behalf you are registering, and that organisation agrees to be bound by these Terms.

Account Registration and Security

1. You must provide accurate, current, and complete information at account registration and keep that information updated. AML Assured may suspend or terminate accounts created using false, inaccurate, or misleading information.
2. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must not share credentials with any person who is not an authorised user of your organisation. You must notify AML Assured immediately at support@amlassured.com if you become aware of any unauthorised access to or use of your account. AML Assured is not liable for any loss arising from your failure to comply with this clause.

Free Access Period

1. AML Assured grants you free access to the Platform from the date you commence using the Platform until 1 July 2026 (Free Access Period). No fees are payable during the Free Access Period.
2. AML Assured reserves the right to:
   1. extend the Free Access Period by written notice;
   2. transition the Platform to a paid subscription from 1 July 2026, with pricing and updated terms communicated to you no later than 30 days before that date;
   3. suspend or modify Platform features during the Free Access Period without liability; or
   4. terminate the Free Access Period early by providing at least 14 days' written notice.
3. You are not obligated to continue using the Platform after the Free Access Period ends. You may close your account at any time before 1 July 2026 without penalty.
4. The Platform is provided during the Free Access Period on an 'as available' basis. Features, workflows, and training modules are in active development. Some functionality may be incomplete, updated, or temporarily unavailable during this period.

Nature of the Platform — Software Only

1. AML Assured provides software tools only. The Platform is designed to support your organisation's internal AML/CTF compliance processes by digitising workflows, supporting customer onboarding, facilitating identity verification and AML screening, and generating risk assessments, evidence packages, and audit records.
2. AML Assured does not provide legal advice or compliance advice; does not act as your AML Compliance Officer (AMLCO), delegate, or reporting entity; does not perform AML/CTF compliance on your behalf; does not replace your internal compliance roles; does not guarantee that use of the Platform satisfies your AML/CTF obligations; and does not submit reports to AUSTRAC on your behalf.
3. Nothing in these Terms or the Platform's outputs constitutes legal advice, compliance advice, or a regulatory determination. You should seek independent legal or compliance advice where required.

Your AML/CTF Responsibilities

1. Your organisation remains the reporting entity at all times. You retain full and exclusive responsibility for your AML/CTF compliance obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), the AML/CTF Rules, and all applicable AUSTRAC guidance. Your use of the Platform does not reduce, transfer, or modify those obligations in any way.
2. You are responsible for: reviewing, approving, and taking accountability for all Platform outputs; appointing and supporting a qualified AMLCO; configuring the Platform to reflect your specific risk profile; ensuring all authorised users complete required training before accessing compliance-sensitive features; submitting all regulatory reports (SMR, TTR, IFTR) directly to AUSTRAC; and maintaining adequate internal compliance oversight.
3. You must not rely solely on Platform outputs for compliance decisions. All material outputs require human review and approval by an authorised person within your organisation before they are acted upon.

No AUSTRAC Endorsement

1. AML Assured is not approved, endorsed, accredited, or certified by AUSTRAC. The Platform is designed to align with AUSTRAC guidance and the AML/CTF Rules, but alignment with guidance does not constitute regulatory approval or acceptance. You must not represent to any person that AML Assured is AUSTRAC-approved or that use of the Platform constitutes a form of regulatory certification.

Training Modules — Articulate

1. AML Assured provides access to role-based training modules delivered through Articulate, a third-party eLearning platform. Modules are available for three user roles: Agent, AML Compliance Officer (AMLCO), and Delegate.
2. Training content is informational only and is designed to align with AUSTRAC guidance as at the date of publication. Training does not constitute legal advice or compliance advice; does not certify your organisation's compliance with the AML/CTF Act or any other law; does not replace formal AML/CTF education, your AMLCO's professional judgment, or independent legal advice; and is subject to change as the regulatory framework evolves.
3. Completion is recorded with timestamped records by user and role. You acknowledge that completion of training does not transfer any AML/CTF responsibility to AML Assured. Access to Articulate training modules is also subject to Articulate's own terms of service.

Identity Verification and AML Screening — Third-Party Services

Free Access Period — KYC and screening not active by default

1. Identity verification (KYC), know-your-business (KYB), and AML screening functionality powered by a secure third-party vendor is not activated during the Free Access Period unless separately agreed in writing between AML Assured and the Customer prior to use. If you wish to access these features during the Free Access Period, please contact support@amlassured.com.

Terms applicable if functionality is activated

1. Where KYC, KYB, and AML screening functionality is activated by separate written arrangement, the following terms apply. Certain identity verification (KYC), know-your-business (KYB), and AML screening functions within the Platform are powered by a secure third-party identity verification and screening services provider (Third-Party Provider). The Third-Party Provider provides identity document verification, biometric verification, and screening against sanctions lists, politically exposed persons (PEP) datasets, and adverse media sources.
2. You acknowledge and agree that the Third-Party Provider is a technology and data services provider only and does not assume any AML/CTF compliance responsibility for your organisation. The Third-Party Provider's screening data may be subject to limitations including incomplete coverage, processing delays, and data currency constraints; AML Assured does not warrant its accuracy or completeness. You are responsible for assessing the adequacy of verification and screening outputs within your own compliance framework, and all outputs derived from the Third-Party Provider require your review and approval before being relied upon for compliance decisions.
3. Biometric data collected through the Third-Party Provider's workflows — including facial images and liveness verification data — is sensitive information under the Privacy Act 1988 (Cth) and is collected only with the individual's express consent. Your use of features powered by the Third-Party Provider may also be subject to that provider's own terms of service and privacy policy. Personal information processed through the Third-Party Provider may be handled in jurisdictions outside Australia; AML Assured discloses these arrangements in its Sub-Processor List and Privacy Policy.

Privacy and Personal Information

1. AML Assured handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). AML Assured's Privacy Policy sets out how personal information is collected, used, stored, and disclosed through the Platform.
2. You are the data controller for personal information entered into or generated through the Platform in connection with your compliance activities. AML Assured processes that information as data processor, acting on your instructions.
3. You are responsible for ensuring that individuals whose personal information is entered into the Platform — including property buyers, sellers, and beneficial owners — have been provided with appropriate privacy collection notices at the point of collection, and that express consent has been obtained for any collection of biometric data in accordance with APP 3.3 of the Privacy Act.
4. Primary customer data is hosted in Australia. Where data is processed by our third-party identity verification provider or other sub-processors in overseas jurisdictions, this is disclosed in AML Assured's Sub-Processor List. By using the Platform, you acknowledge and accept the data handling arrangements described in the Privacy Policy and Sub-Processor List.

Acceptable Use

1. You must use the Platform only for lawful internal AML/CTF compliance purposes. You must not use the Platform to circumvent, suppress, or manipulate AML/CTF controls or alerts; facilitate, conceal, or assist with criminal activity of any kind; represent Platform outputs as legally determinative, regulator-approved, or compliance-certifying; share login credentials with unauthorised persons; reverse-engineer, copy, or misappropriate the Platform or its underlying methodology; or use the Platform in any way that could expose AML Assured to regulatory, legal, or reputational risk.
2. AML Assured may suspend or terminate your access immediately if it reasonably believes you have breached this clause or are misusing the Platform.

Tipping-Off Obligations

1. Section 123 of the AML/CTF Act makes it a criminal offence to disclose that a Suspicious Matter Report (SMR) has been, is being, or will be submitted to AUSTRAC. The offence is punishable by imprisonment of up to 2 years.
2. When an SMR workflow is initiated in the Platform, a warning referencing section 123 is displayed and must be acknowledged before proceeding. This warning is factual and procedural only; it does not constitute legal advice on the application of tipping-off provisions to any specific circumstance.
3. You and your authorised users are solely responsible for compliance with tipping-off obligations. If you are uncertain whether particular conduct constitutes tipping off, you must immediately consult your AMLCO and seek independent legal advice before taking any further action. AML Assured does not advise on specific disclosure decisions.

Platform Configuration

1. Default settings, risk thresholds, and configurations within the Platform are provided as starting points only. They do not represent AML Assured's recommendation of any particular risk appetite. You are solely responsible for reviewing and adjusting all settings to reflect your organisation's specific operations, risk profile, and regulatory obligations.
2. AML program drafts generated by the Platform are templates only. They are not final, regulator-ready, or certified. All generated documents must be reviewed and approved by your AMLCO before adoption or use. AML Assured does not author, approve, or assume responsibility for your AML/CTF program.

Intellectual Property

1. AML Assured retains all intellectual property rights in the Platform, including its design, methodology, risk logic, training content, and documentation. During the Free Access Period, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the purposes set out in these Terms only. No other rights are granted.
2. You retain ownership of all data you input into the Platform. You grant AML Assured a limited licence to process that data for the purpose of providing the Platform to you.

Limitation of Liability

1. To the maximum extent permitted by law, AML Assured's total liability to you arising out of or in connection with these Terms or the Platform is limited to AUD $100, reflecting the fact that no fees are payable during the Free Access Period.
2. AML Assured is not liable for indirect, consequential, special, or punitive losses; loss of profits, revenue, or business; regulatory penalties, enforcement action, or compliance outcomes arising from your use of the Platform; losses arising from your sole reliance on Platform outputs without human review; losses arising from the accuracy, completeness, or currency of data provided by third-party providers; or losses arising from Platform unavailability during the Free Access Period.
3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Platform Provided 'As Is'

1. During the Free Access Period, the Platform is provided on an 'as is' and 'as available' basis. AML Assured does not warrant that the Platform will be uninterrupted, error-free, or free from defects. Features are in active development and may change without notice. AML Assured does not warrant that the Platform is fit for any particular purpose beyond its stated function as a decision-support and workflow tool.

Your Data During the Free Access Period

1. AML Assured will take reasonable steps to protect your data using industry-standard technical controls, including encryption in transit (TLS 1.2+), encryption at rest (AES-256), and role-based access controls.
2. If you do not transition to a paid plan after 1 July 2026, AML Assured will retain your data for 90 days before deleting or de-identifying it, unless earlier deletion is requested or retention is otherwise required by law. Compliance-related records may be subject to longer retention periods under section 107 of the AML/CTF Act (7-year minimum); you remain responsible for maintaining your own copies of records required by law.
3. AML Assured will notify you of any material data breach affecting your account in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

Feedback and Product Improvement

1. If you provide AML Assured with suggestions, comments, ideas, or other feedback regarding the Platform during the Free Access Period (Feedback), you grant AML Assured a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, and incorporate that Feedback into the Platform or related products without restriction and without any obligation to compensate you. You represent that any Feedback you provide is not subject to confidentiality obligations owed to a third party.

Suspension and Termination

1. AML Assured may suspend or terminate your access to the Platform at any time during the Free Access Period:
   1. immediately, if you breach these Terms or misuse the Platform;
   2. immediately, if AML Assured determines that your organisation poses an unacceptable risk (including associations with criminal activity, sanctioned persons, or deliberate misuse of compliance tooling); or
   3. on 14 days' notice for any other reason.
2. You may close your account at any time by contacting support@amlassured.com. Upon termination, your right to access the Platform ceases immediately. Clauses that by their nature should survive termination — including intellectual property, limitation of liability, data handling, and general provisions — continue to apply after termination.

Force Majeure

1. AML Assured is not liable for any delay or failure to perform its obligations under these Terms to the extent that the delay or failure is caused by circumstances beyond AML Assured's reasonable control, including natural disasters, acts of government, cyberattacks, telecommunications failures, pandemic or public health emergencies, or failure of third-party infrastructure or services including our third-party identity verification provider and cloud hosting providers. AML Assured will notify you as soon as practicable of any such event and will use reasonable efforts to minimise the impact on the Platform.

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