Terms of Service
These Terms govern your use of Sharp (also referred to as the Bank Pricing Agent or Sharp AI) (the "Service"), a Microsoft Teams app provided by SecondBrain Sharp AI Pty Ltd ("we", "us", "our"). By installing, accessing, or using the Service, you agree to these Terms.
1. Who Can Use the Service
The Service is intended for use by:
- Mortgage brokers and finance professionals operating in Australia
- Acting within authorised broker arrangements with the supported Australian banks
- Within client organisations that have entered into a service agreement with SecondBrain Sharp AI Pty Ltd
If you are an individual user, your access is provided through your employing or contracting organisation, which is the customer of record.
2. What the Service Does
The Service lets you submit pricing requests to supported Australian banks and returns the responses in Microsoft Teams for side-by-side comparison.
The Service:
- Does not make lending decisions
- Does not guarantee approval, rates, or any specific outcome with any bank
- Does not constitute financial, legal, or tax advice
Pricing results are returned exactly as the bank's portal provides them. Accuracy, validity, and timeliness of results are the responsibility of the respective bank.
3. Your Responsibilities
You agree to:
3.1 Credential responsibility
- Provide bank portal credentials that you are authorised to use in your role as a broker
- Keep your credentials current and rotate them when required by the bank
- Notify us promptly if credentials are compromised or misused
You are responsible for any activity conducted via the Service using your credentials.
3.2 Acceptable use
You will not:
- Use the Service for any unlawful purpose
- Attempt to access another user's data or another organisation's credential store
- Reverse engineer, decompile, or otherwise attempt to extract source code
- Misrepresent loan scenarios to obtain results that would not be honoured by the bank
- Use the Service to submit fraudulent applications
3.3 Compliance with bank terms
Each bank portal has its own terms of use governing broker access. Your use of the Service does not exempt you from each bank's portal terms, and your obligations to each bank continue to apply.
4. Service Availability
We aim to keep the Service operational during Australian business hours but do not guarantee continuous availability. The Service depends on:
- Cloud hosting infrastructure
- Microsoft Teams platform availability
- Bank portal availability and response
Any of these can experience outages outside our control. We provide the Service on a best-effort basis.
We may perform scheduled maintenance or apply updates that briefly interrupt access. We will communicate planned maintenance via in-app messaging or directly to client organisations where reasonable.
5. Pricing and Fees
Fees for the Service are set out at the point of purchase and are payable in advance through our third-party payment processor. Where your organisation has entered into a separate service agreement with us, that agreement governs fees and billing instead of this clause. Except as required by law, fees are non-refundable.
6. Intellectual Property
The Service, including its code, design, brand, and documentation, is owned by SecondBrain Sharp AI Pty Ltd. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.
The pricing results returned by the Service are sourced from third-party bank portals and remain subject to those banks' terms and intellectual property rights.
7. Privacy and Security
Our handling of personal information is described in our Privacy Policy. Our security practices are described in our Security Overview. In the event of a security incident, we follow the process described in our Incident Response Plan.
7.1 Aggregated data
We may create and retain de-identified, aggregated data derived from the pricing requests and responses processed through the Service, including anonymised rate and submission data. This data does not identify you, any borrower, or any individual scenario. We may use it to operate, improve, and develop our services. You may opt out by contacting us.
8. Limitation of Liability
To the maximum extent permitted by Australian law:
- The Service is provided "as is" without warranties of any kind, express or implied
- We are not liable for indirect, incidental, consequential, special, or punitive damages
- Our total liability for any claim relating to the Service is limited to the fees paid by your organisation for the Service in the 12 months preceding the claim
- Nothing in these Terms excludes any non-excludable rights you have under the Australian Consumer Law or other applicable consumer protection legislation
We are not liable for:
- Losses arising from your use of pricing results to make lending recommendations
- Bank portal outages, errors, or changes to bank pricing data
- Outcomes of any loan application made on the basis of Service results
9. Indemnity
You agree to indemnify and hold harmless SecondBrain Sharp AI Pty Ltd, its directors, employees, and contractors against any claim arising from:
- Your unauthorised use of the Service
- Your breach of these Terms
- Your use of credentials you were not authorised to use
- Any loan application or related broker activity downstream of the Service
10. Termination
We may suspend or terminate your access to the Service if:
- You materially breach these Terms
- Your client organisation's service agreement terminates
- We are required to do so by law, court order, or applicable regulator
You or your organisation may terminate access at any time by ceasing to use the Service and requesting removal of stored credentials. Upon termination, we will delete your stored bank portal credentials within a reasonable timeframe, subject to any legal retention requirements.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via the Service or directly to client organisations. Continued use of the Service after the effective date of a change constitutes acceptance.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any dispute arising in connection with these Terms is subject to the exclusive jurisdiction of the courts of New South Wales.
13. Contact
For questions about these Terms:
SecondBrain Sharp AI Pty Ltd
11 Cameron Avenue, Artarmon NSW 2064, Australia
Email: james@secondbrain.com.au
Phone: +61 481 761 659