Terms of Service

The Platform is operated by The Safe Place Pty Ltd (ABN 63 691 612 021), 1 Freshwater Place, Southbank, Victoria, Australia. Contact: hello@thesafeplace.com.au.

By actively checking the acceptance box and creating an account or accepting an invitation, you agree to these Terms and acknowledge the Privacy Policy. If you use a Client workspace, the Client Services Agreement also applies and prevails for that Client relationship.

2.1 You confirm you are at least 18 years old, have legal capacity and have authority to use the workspace.

2.2 A person under 18 may access a workspace only under a supervised arrangement expressly approved in writing by both the Client and Safe Place. Approval requires the Client to provide evidence of consent from a parent or guardian, to identify the supervising adult, and to confirm the scope and duration of access. Safe Place may decline or withdraw approval at any time. Facial recognition and face matching will not be applied to or operated from an account approved under this clause.

2.3 If invited by a Client, your access is subject to that Client's administration. Content uploaded to a Client workspace is treated as Client Content, not your personal workspace property, subject to underlying rights.

Keep credentials confidential, use accurate information and notify us promptly of suspected compromise. MFA is available; your Client may require it. Do not share accounts. Client Admins control invitations, roles, permissions and removal. Safe Place may require stronger authentication or suspend access where needed to address risk.

You may use the Platform only for authorised, lawful business and creative purposes. Do not: upload material without necessary rights; infringe privacy, publicity, confidentiality or IP rights; introduce malware; bypass security, access controls or a geographic feature restriction; scrape, probe or reverse engineer except where law permits; interfere with service; impersonate others; use facial tools for law-enforcement or general surveillance, stalking, harassment or unauthorised face databases; rely on a facial match for a consequential decision without human review; or use the Platform for unlawful, harmful or deceptive conduct.

5.1 The Client or relevant rights holder retains ownership. You grant, or confirm the Client can grant, the permissions reasonably required for Safe Place to store, copy, back up, transcode, generate proxies and thumbnails, transcribe, index, analyse, create embeddings and metadata and deliver Content.

5.2 Safe Place may temporarily restrict disputed Content while investigating a copyright or IP complaint, and will give a statement of reasons in accordance with the Copyright and Content Complaints Policy. Safe Place may comply with valid legal requests, notifying the Client where legally permitted.

6.1 What the features do. AI features may include transcription, audio and visual analysis, metadata generation, search, duplicate, object and location detection and, where available, facial recognition and face matching.

6.2 Facial matching. Facial matching is not automatic. It must be enabled by the Client Admin, is available only in the markets where Safe Place offers it, and only after Safe Place has completed a Feature Impact Assessment for that workspace. It provides possible matches and confidence information only. A human must review any result and make any consequential decision. Safe Place may withdraw the feature from a market or workspace on notice.

6.3 Model training and the workspace setting. Under the Client Services Agreement, Safe Place may internally use Client Content to train, test, develop and improve Safe Place algorithms, models and the Platform. The Client Admin controls a workspace setting. In Australia, New Zealand and the United States that setting is enabled by default and the Client may opt out before ingest or later. In the United Kingdom, the European Union and the EEA the setting is off unless the Client opts in.

6.4 What is never used for training. Safe Place does not use any of the following for model training in any market: facial templates and other biometric identifiers; sensitive information or special category data; Content flagged as depicting a person who was under 18 at the time of recording; and personal data of individuals in the United Kingdom, the European Union or the EEA where the Client has not opted in.

6.5 Your own rights, separate from the workspace setting. The workspace setting is the Client's decision about Client Content. It is not a decision about your personal information. You may object to Safe Place using your own personal information — including your account activity data and, where you appear in Content, your image and voice — for model training, by contacting hello@thesafeplace.com.au. Safe Place will give effect to a valid objection at the individual level regardless of the Client's workspace setting, and will tell you what it has done.

6.6 Effect of opting out or objecting. Opting out or objecting stops future training use. It does not require reversal of improvements already developed, where legally permitted.

6.7 External use. Safe Place will not externally publish, market or demonstrate identifiable Client Content without prior written approval. Aggregated and de-identified analytics may be used for product and business purposes where re-identification is not reasonably possible.

6.8 AI transparency. Where a Platform feature generates or manipulates content, interacts with you directly, or performs emotion recognition or biometric categorisation, Safe Place will disclose that fact in the interface, as required by Article 50 of the Artificial Intelligence Act (Regulation (EU) 2024/1689) from 2 August 2026 and by equivalent requirements in other markets.

6.9 Automated decisions. Safe Place does not use facial matching or any other Platform feature to make a fully automated decision that significantly affects your rights or interests. We will reassess this before 10 December 2026 and, to the extent any feature does make such a decision, the Privacy Policy will set out the disclosures required by Australian Privacy Principles 1.7 to 1.9.

Features may evolve without Client approval if the core contracted service is not materially removed. Access may be interrupted by maintenance, security incidents, networks or third-party providers. A provider availability commitment for underlying storage is not a promise of identical Platform uptime.

Our Privacy Policy explains personal information handling. Activity may be logged for security, support, billing, audit and service improvement. The Client may receive activity information consistent with its permissions and law.

Treat Client Content, unreleased media, credentials and non-public workspace information as confidential. Access only what you are authorised and need to use. Your Client or Safe Place may remove access at any time consistent with applicable agreements.

10.1 Safe Place or a Client Admin may suspend or end your individual access for breach, security risk, unlawful use, Client instruction, termination or nonpayment of the Client relationship, or legal requirement.

10.2 Except where the risk is immediate or the suspension is at the Client's instruction, Safe Place will give you notice and a reasonable opportunity to respond before suspending your access, and will give you a statement of reasons afterwards in either case.

10.3 Suspension of an individual account does not determine ownership of Client Content.

11.1 Non-excludable rights come first. Nothing in these Terms excludes, restricts or modifies any right or remedy you have that cannot lawfully be excluded, restricted or modified. In Australia this includes the consumer guarantees under the Australian Consumer Law. In New Zealand it includes rights under the Consumer Guarantees Act 1993. In the United Kingdom and the European Union it includes non-excludable statutory rights. These Terms are to be read subject to those rights.

11.2 Limitation where lawful. Subject to clause 11.1, and to the extent permitted by law, Safe Place excludes implied terms and is not liable to you as an individual User for indirect or consequential loss arising from your use of the Platform.

11.3 No indemnity from you. You do not indemnify Safe Place under these Terms. Responsibility for Client Content rights and permissions rests with the Client under the Client Services Agreement.

11.4 Changes to these Terms. Safe Place may update these Terms. Where an update materially reduces your rights or increases your obligations, Safe Place will give not less than 30 days' notice and the update will apply prospectively only. If you do not accept it, you may stop using the Platform.

11.5 The Client relationship. The commercial terms, service levels and remedies for the workspace sit in the Client Services Agreement between Safe Place and the Client. These Terms do not give you rights under that agreement and do not make you liable under it.

Victorian law governs, subject to mandatory local law. Before court proceedings, parties should attempt good-faith resolution, except for urgent security, confidentiality or IP relief. Nothing in this clause deprives you of the protection of a mandatory forum available to you in your place of residence. If you stop being authorised, stop using the Platform and return or delete confidential information.

13.1 The Privacy Policy contains jurisdiction-specific annexes. Annex A covers Australia and New Zealand, Annex B the United Kingdom and the EU/EEA, and Annex C the United States. Those annexes contain the information required at the point of collection in each market, including the matters required by Articles 13 and 14 of the GDPR and UK GDPR, the notice at collection required under the California Consumer Privacy Act, and the notification required by Information Privacy Principle 3A in New Zealand.

13.2 If you are in the United Kingdom, the European Union or the EEA, you have rights of access, rectification, erasure, restriction, objection and portability, a right to withdraw consent, and a right to complain to your supervisory authority. If you are in New Zealand you may complain to the Office of the Privacy Commissioner. If you are in Australia you may complain to the Office of the Australian Information Commissioner. Contact details and the process are in the Privacy Policy.

13.3 If you are in California, you may exercise the rights described in Annex C, and Safe Place honours the Global Privacy Control.