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Terms of Service

Effective Date: 15 June 2026

Last Updated: 2026-07-30

Operated by: Evidens (ABN 86 819 539 975)

1. Acceptance of Terms

By downloading, installing, or using the Evidens mobile application ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

These Terms apply to all users of the App, including owners, agents, tenants, and any other persons who access the service.

2. About the Service

Evidens is a mobile application operated by Evidens that allows owners, agents, and tenants to:

  • Create and document property inspection reports with photos and written descriptions (with optional voice-to-text transcription)
  • Share inspection reports with the other party to a tenancy
  • Sign inspection reports digitally
  • Store and retrieve inspection records

The App is available in Australia.

3. Eligibility

You must be at least 18 years old to use the App. By using the App, you confirm that you are 18 or older. If you are under 18, do not use the App.

4. Account Registration

To use the App, you must register with a valid mobile phone number. We verify your identity using a one-time password (OTP) sent via SMS. You are responsible for:

  • Providing an accurate and current phone number
  • Keeping your phone secure to prevent unauthorised access to your account
  • All activity that occurs under your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

5. User Content

5.1 Your Content

You retain ownership of all content you upload to the App, including photos, voice memos, written descriptions, and signatures ("Your Content").

5.2 Licence to Evidens

By uploading content, you grant Evidens a limited, non-exclusive, royalty-free licence to store, process, and display Your Content solely for the purpose of providing the service to you. We do not use Your Content for advertising or model training.

5.3 Accuracy

You are responsible for the accuracy of the content you submit. Inspection reports generated through the App reflect information you provide. Evidens does not verify the accuracy of inspection records.

5.4 AI-Generated Descriptions

When you use AI features in the App, your photos and descriptions are sent to SiliconFlow (model: Qwen3-VL-32B-Instruct) for description enhancement, and your voice memos are sent to Groq (model: whisper-large-v3-turbo) for transcription. These outputs are suggestions only. You may edit, regenerate, or remove them before including them in your report. You are responsible for reviewing AI-generated content before finalising your report.

5.5 Prohibited Content

You must not upload content that:

  • Is false, misleading, or fraudulent
  • Infringes the intellectual property rights of any third party
  • Contains personal information about individuals who have not consented to its inclusion
  • Is unlawful, defamatory, or harmful

6. Credits and Payments

6.1 Credit System

Certain features of the App (such as generating PDF reports) require credits. Credits can be purchased within the App.

6.2 Payment Processing

Payments are processed through the Apple App Store (iOS) or Google Play Store (Android), using the payment method linked to your Apple ID or Google account, with purchase validation and subscription management brokered by RevenueCat. By making a purchase, you agree to Apple's or Google's respective terms of service in addition to these Terms. Evidens never receives or stores your payment card details — these are held exclusively by Apple or Google.

6.3 No Refunds

All credit purchases are final and non-refundable, except where required by applicable law (including Australian Consumer Law). Because purchases are processed by Apple or Google, refund requests must be made directly through Apple's or Google's own refund process — Evidens does not hold your payment details and cannot issue a refund to your payment method directly.

6.4 Credit Expiry

Credits do not expire while your account is active. If you delete your account, any unused credits are forfeited. If you believe you are entitled to a refund for unused credits, you may request one directly through Apple's or Google's refund process, subject to their respective refund policies.

7. Acceptable Use

You must not use the App to:

  • Harass, intimidate, or harm any other user
  • Fabricate or falsify inspection records
  • Circumvent any security or access control features of the App
  • Reverse engineer, decompile, or disassemble the App
  • Use the App for any unlawful purpose
  • Attempt to gain unauthorised access to any part of the App or its infrastructure

8. Intellectual Property

The App, including its design, code, trademarks, and all content produced by Evidens, is the property of Evidens and is protected by applicable intellectual property laws. These Terms do not grant you any rights in the App beyond the limited right to use it as described herein.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Evidens does not warrant that:

  • The App will be uninterrupted, error-free, or free of viruses
  • Inspection reports generated through the App will be legally sufficient for any particular purpose
  • AI-generated descriptions will be accurate or complete

Important: Evidens is a documentation tool. It is not a substitute for professional legal or property advice. You should seek independent legal advice before relying on any inspection report in a tenancy dispute.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Evidens shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App, including but not limited to:

  • Loss of data
  • Loss of revenue or profits
  • Damage to property
  • Disputes between owners, agents, and tenants

Evidens's total liability for any claim arising under these Terms shall not exceed the greater of (a) the amount you paid to Evidens in the 12 months preceding the claim, or (b) AUD $10.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited by contract.

11. Termination

11.1 By You

You may stop using the App and delete your account at any time within the App settings.

11.2 By Evidens

We may suspend or terminate your access to the App at any time if:

  • You breach these Terms
  • We are required to do so by law
  • We decide to discontinue the service

If we discontinue the service, we will provide at least 30 days notice via SMS or in-app notification and refund any unused credits to your original payment method.

11.3 Effect of Termination

Upon account deletion, your data is handled as described in our Privacy Policy. Signed inspection reports linked to active tenancy periods may be retained as described in the Privacy Policy.

12. Changes to the Service

We may modify, suspend, or discontinue any part of the App at any time. We will give reasonable notice of material changes via SMS or in-app notification where practicable.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via SMS or in-app notification before the changes take effect. Continued use of the App after the effective date constitutes acceptance of the updated Terms.

14. Dispute Resolution

If you have a complaint or dispute arising from your use of the App, please contact us first at contact@evidens.com.au. We will attempt to resolve the matter within 14 days. If we are unable to resolve the dispute directly, either party may then seek resolution through the applicable courts as set out below.

15. Governing Law

These Terms are governed by the laws of Australia. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Australia. Nothing in these Terms limits your rights under the Australian Consumer Law.

16. Contact

If you have any questions about these Terms, please contact:

Evidens (ABN 86 819 539 975)
Email: contact@evidens.com.au
Website: https://evidens.com.au