Terms of Service

01About these terms

These Terms of Service (“Terms”) govern access to and use of ProveCONSULT at proveconsult.com (the “Platform”), operated by Klarite Pty Ltd (“Klarite”, “we”, “us”). If you do not agree, do not use the Platform.

The Platform is provided to organisations (“Clients”). If you use it as a member of a Client, “you” means both you and that Client, and you confirm you are authorised to use the Platform for it. Where a Client has a separate written agreement with Klarite, that agreement prevails over these Terms to the extent of any inconsistency.

02Service description

ProveCONSULT is a stakeholder-consultation register. It helps Clients record and manage relevant persons, consultation events (emails, letters, meetings and calls), feedback, responses and commitments; send consultation emails from a connected Microsoft 365 mailbox; group feedback into themes; and produce reports such as the Report on Consultations. Depending on the Client’s plan, AI features summarise correspondence, extract feedback, suggest themes and draft responses. With the public comment add-on, it also reads the public comment files NOPSEMA passes to the Client, picks out the claims they make, groups them into matters for the Titleholder Response to Public Comment, and sends the Client’s response to submitters.

ProveCONSULT is a record-keeping and drafting tool. It is not affiliated with, operated by or endorsed by NOPSEMA or any government body.

03Accounts and security

3.1 Access is by invitation only. Klarite creates Client organisations, and a Client’s owners and admins invite its members and set their roles. You must give accurate information and keep it up to date.

3.2 Two-factor authentication is required for every account. You are responsible for keeping your password and authenticator secure and for all activity under your account. Tell us immediately at services@klarite.com.au if you suspect unauthorised use.

3.3 You must not share an account with anyone else. Each person needs their own account.

3.4 Each Client is responsible for who it invites, the roles it gives them, and removing people who should no longer have access.

04Acceptable use

4.1 You may use the Platform only for lawful purposes, including consultation under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth) and similar frameworks.

4.2 You must not:

• (a) record or upload information you are not entitled to hold or process;
• (b) upload files containing malware or malicious code;
• (c) attempt to access another Client’s data, or any part of the Platform you are not authorised to use;
• (d) use the Platform to send unsolicited bulk email or messages that breach the Spam Act 2003 (Cth);
• (e) scrape, reverse engineer, decompile or disassemble the Platform;
• (f) try to get around usage limits, AI cost caps or access controls; or
• (g) use AI features to produce content that is unlawful, misleading or defamatory.

05Your data and stakeholder information

5.1 Your data is yours. Everything a Client records, uploads or generates in the Platform (“Client Data”), including reports and AI outputs, belongs to that Client. We claim no intellectual property rights in Client Data.

5.2 Licence to process. The Client grants us a limited, non-exclusive, royalty-free licence to store, process and transmit Client Data only to provide the Platform and as described in our Privacy Policy and Data Handling document.

5.3 Stakeholder information. Client Data includes personal information about relevant persons and other stakeholders. The Client is responsible for having a lawful basis to collect and use it, for its own privacy notice to those people, and for answering their access and correction requests. We process that information on the Client’s behalf and instructions, and will help the Client meet those obligations.

5.4 Accuracy. The Client is responsible for the accuracy and completeness of its consultation record, including any record it creates from AI suggestions.

5.5 Our intellectual property. The Platform, its software, design, prompts and documentation are owned by or licensed to Klarite. Nothing in these Terms gives you rights in the Platform beyond those stated.

5.6 Feedback. If you give us suggestions about the Platform, we may use them without obligation to you.

06Connected mailboxes and sending

6.1 A Client’s owner or admin may connect a Microsoft 365 mailbox to a project. By connecting it, the Client confirms it is authorised to give the Platform access to read that mailbox’s Inbox and Sent Items and to send mail from it.

6.2 Emails, campaigns and replies are sent from the Client’s own mailbox, in the Client’s name, only when a member chooses to send them. The Client is responsible for what it sends and to whom.

6.3 The Client can disconnect a mailbox at any time in the Platform, or by withdrawing consent in Microsoft 365. Mail already synced stays in the project’s consultation record.

6.4 With the public comment add-on, the Client may send its response to public comment submitters. These emails go through our email provider, from the Client’s titleholder name “via ProveCONSULT”, with replies directed to the Client’s own address, and only when the Client’s owner or admin chooses to send them. The Client decides whether to respond and what to say, and is responsible for it.

07AI features

7.1 AI features produce suggestions — summaries, feedback items, themes and draft responses. They can be incomplete or wrong. A person must review AI output before relying on it, recording it as final, or sending it to anyone.

7.2 We remove personal details from stakeholder text before it is sent to our AI provider, with the limits described in section 4 of the Privacy Policy.

7.3 AI use is measured and limited by cost caps for each project and Client. When a cap is reached, new AI work stops until the cap is raised.

08Limitations and disclaimers

8.1 Not advice. ProveCONSULT does not provide legal, regulatory or professional advice and does not decide whether consultation meets the requirements of any law or regulator. Whether consultation is adequate, and what is submitted to NOPSEMA or any other regulator, remains the Client’s responsibility.

8.2 Reports. Reports such as the Report on Consultations are generated from the Client’s records. The Client must check them before submission.

8.3 Availability. We use reasonable endeavours to keep the Platform available but do not guarantee uninterrupted access. Mailbox sync and background work depend on Microsoft 365 and other providers being available.

09Plans and commercial terms

9.1 Plans. Each Client is on a plan agreed with Klarite: Register; AI processing; or Themes and replies. A Client may also take the public comment add-on, on any plan, which includes its AI claims. Fees are agreed in writing and invoiced by Klarite. There is no online payment in the Platform.

9.2 Changing plans. If a Client moves to a lower plan, features outside it stop for new work, and AI outputs already created stay readable.

9.3 Australian Consumer Law. Nothing in these Terms limits rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot be excluded. Where we may limit our liability for a consumer guarantee, we limit it to supplying the services again or paying the cost of having them supplied again.

10Data handling and deletion

10.1 Separation. Each Client’s data is kept separate from every other Client’s data.

10.2 Deletion. Clients can archive records, permanently delete archived records, and delete projects or their whole organisation in the Platform. Permanent deletion removes the records and their stored files from live systems. Copies, including an encrypted nightly copy of the database, can remain in our backups for up to 35 days before they expire.

10.3 Export. Clients can export their register, events, feedback and reports to Excel and Word at any time.

10.4 Privacy. Our Privacy Policy forms part of these Terms.

11Suspension and termination

11.1 By you. A Client may end its use of the Platform by telling us at services@klarite.com.au. A member can ask to close their own account at the same address.

11.2 By us. We may suspend or end access for a user or Client if: (a) these Terms are materially breached and the breach is not fixed within 7 days of notice; (b) the law or a competent authority requires it; (c) we reasonably believe the account is being used fraudulently or unlawfully; or (d) agreed fees are unpaid. While a Client is suspended, its members cannot reach its data.

11.3 Discontinuation. We may discontinue the Platform with at least 30 days’ notice.

11.4 After termination. We keep Client Data for 30 days after termination so the Client can export it or ask us for a copy, then delete it, unless we agree otherwise in writing.

12Limitation of liability

12.1 To the maximum extent permitted by Australian law, Klarite is not liable for any indirect, incidental, special or consequential loss, including loss of revenue, profit or data, business interruption, or loss arising from a regulator’s action or decision.

12.2 To the maximum extent permitted by law, our total liability for all claims under or in connection with these Terms is limited to the greater of (a) the fees paid by the Client in the 12 months before the event giving rise to the claim, or (b) AUD $100.

12.3 Nothing in this clause limits any right under the Australian Consumer Law that cannot be excluded.

13Governing law and disputes

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

Before starting proceedings, a party must notify the other in writing of the dispute and try to resolve it informally within 30 days. If it is not resolved, either party may refer it to mediation with the Australian Disputes Centre or another agreed mediator.

14Changes to these terms

We may update these Terms. For material changes we will email Client owners and admins at least 14 days before the changes take effect. Continued use after that date means acceptance; a Client that does not agree may end its use before they take effect.

15General

15.1 Entire agreement. These Terms, the Privacy Policy and any written agreement with a Client are the entire agreement about the Platform.

15.2 Severability. If a provision is invalid or unenforceable, it is severed and the rest continues.

15.3 Waiver. Not enforcing a right is not a waiver of it.

15.4 Assignment. You may not assign your rights without our written consent. We may assign these Terms to a successor in a merger, acquisition or sale of substantially all our assets.

16Contact