Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and Fieldstate Pty Ltd (ABN 60 695 654 436), trading as hey ema ("we", "us", "our"), governing your access to and use of the ema platform at heyema.com, including all related applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply from the date you first access or use the Service and remain in effect until your account is closed or terminated in accordance with these Terms.

2. Definitions

In these Terms, unless the context requires otherwise:

• "Service" means the ema platform available at heyema.com, including all features, tools, APIs, integrations, AI capabilities, and related documentation.
• "Content" means any data, text, files, images, documents, event information, or other materials uploaded, created, or shared through the Service by any user.
• "User" means any individual who accesses or uses the Service, whether as an account holder or as an invited member of an Organisation.
• "Organisation" means the entity, company, or group on whose behalf a User accesses the Service.
• "Event Data" means all data relating to events managed through the Service, including attendee information, registrations, schedules, communications, analytics, and associated records.
• "AI Features" means any functionality within the Service that uses artificial intelligence, machine learning, or automated reasoning, including the ema AI agent and its associated tools.

3. Eligibility

To use the Service, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using the Service on behalf of an Organisation, you represent and warrant that you have the authority to bind that Organisation to these Terms, and that the Organisation agrees to be bound by them.

If you do not meet these eligibility requirements, you must not use the Service.

4. Your Account

When you create an account with us, you agree to the following:

• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are responsible for maintaining the confidentiality and security of your account credentials, including your password.
• You are responsible for all activities that occur under your account, whether or not you have authorised them.
• You must notify us immediately at hi@heyema.com if you become aware of any unauthorised access to or use of your account.
• You must not share your account credentials with any third party or allow another person to access the Service using your account.

We reserve the right to suspend or disable your account at any time if we reasonably believe that you have violated these Terms, that your account has been compromised, or that suspension is necessary to protect the Service or other users.

5. The Service

ema is an AI-first event management platform. The Service provides tools for planning, managing, and running events, including an AI agent with 60+ integrated tools, registration and ticketing, attendee management, scheduling, communications, analytics, and integrations with third-party services.

We are continuously developing and improving the Service. We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time. Where a change materially reduces the functionality you are paying for, we will provide at least 30 days' notice before the change takes effect. We will not charge you for features that have been discontinued.

The Service may be temporarily unavailable for scheduled or unscheduled maintenance. We will use reasonable efforts to provide advance notice of planned maintenance where possible.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Service for any purpose that is unlawful or prohibited by these Terms, or in violation of any applicable local, state, national, or international law or regulation.
• Upload, transmit, or distribute any viruses, malware, worms, trojans, or other harmful or malicious code.
• Attempt to gain unauthorised access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Scrape, crawl, spider, or use any automated means to access the Service or extract data without our prior written consent.
• Send unsolicited communications, promotions, or spam through the Service.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof.
• Circumvent, disable, or otherwise interfere with any security, authentication, or access control features of the Service.
• Resell, sublicence, or redistribute access to the Service without our prior written permission.
• Interfere with or disrupt the integrity, performance, or availability of the Service, or the data contained therein.

We reserve the right to investigate and take appropriate action, including suspension or termination of your account, if we reasonably believe you have engaged in any prohibited activity.

7. Your Content and Event Data

Ownership

You retain all ownership rights in Your Content and Event Data. We do not claim any ownership interest in the materials you upload, create, or manage through the Service.

Licence to Us

By uploading or creating Content through the Service, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, copy, and display Your Content solely as necessary to provide, maintain, and improve the Service for you. This licence ends when you delete Your Content or close your account, except where retention is required by law or as set out in these Terms.

Your Responsibilities

You are solely responsible for Your Content and Event Data, including ensuring that you have all necessary rights, licences, and permissions to upload and use such content through the Service. You must not upload content that infringes, misappropriates, or violates any third-party rights.

Our Access to Your Content

We do not access, view, or process Your Content except as necessary to: (a) provide and operate the Service; (b) respond to support requests you initiate; (c) comply with applicable law or a valid legal order; or (d) protect the rights, safety, or property of Fieldstate Pty Ltd, our users, or the public.

Data Portability

You may export Your Content and Event Data at any time during your subscription using the built-in export tools within the Service or via the ema API. We support export in standard formats including CSV and JSON.

8. AI Features

The Service includes AI-powered features, including an AI agent with 60+ integrated tools that can assist with event management tasks. You acknowledge and agree to the following regarding AI Features:

• AI-generated outputs are produced based on the data and context available to the system. These outputs may not always be accurate, complete, current, or appropriate for your specific circumstances.
• You are solely responsible for reviewing, verifying, and validating any AI-generated content before relying on it or sharing it with others. AI outputs do not constitute professional advice of any kind.
• AI Features operate within your existing permission model. The AI agent only accesses data that you are authorised to view and interact with.
• We do not use Your Content or Event Data to train, fine-tune, or improve our AI models or any third-party AI models. Your data is used only to generate outputs for you within the Service.
• Ownership of AI-generated content created within your account remains with you, subject to any underlying intellectual property rights of third parties.
• AI Features may have limitations, produce unexpected results, or be unavailable from time to time. We do not warrant that AI Features will meet your specific requirements or produce any particular outcome.

9. Third-Party Integrations

The Service offers integrations with third-party services, including Microsoft 365, Stripe, Xero, iMIS, and Membes. Your use of these integrations is subject to the following:

• Third-party integrations are governed by the respective terms of service and privacy policies of those third-party providers. It is your responsibility to review and comply with those terms.
• By enabling an integration, you authorise us to exchange data between the Service and the connected third-party service as necessary to provide the integration functionality.
• We are not responsible for the availability, accuracy, or performance of any third-party service. We do not endorse and are not liable for any act or omission of any third-party provider.
• If a third-party service changes, suspends, or discontinues its service or API, the related integration within ema may be affected. We will use reasonable efforts to update integrations but do not guarantee uninterrupted operation of third-party features.

10. API Usage

The Service provides a public API that enables you to programmatically access and interact with your data. Use of the API is subject to the following:

• API access is subject to rate limits and fair use policies as published in our API documentation. We may update these limits from time to time.
• You must not use the API in a manner that places an unreasonable load on the Service, interferes with other users, or circumvents the intended functionality of the Service.
• We reserve the right to suspend or revoke API access if we reasonably determine that your use is abusive, excessive, or in violation of these Terms.
• The API is provided on an "as is" basis. While we will use reasonable efforts to maintain API compatibility, we may modify or deprecate API endpoints with reasonable notice.
• You are responsible for the security of your API keys and tokens. Compromised credentials should be revoked immediately.

11. Fees and Payment

Pricing

Packages for the Service start from $499 per month. Packages are shaped around event volume, support needs, and included usage. Hard-cost services, including SMS, livestreaming, VOD, high-volume sending, premium storage, on-site services, and similar direct-cost services, may be billed separately according to the applicable order form or published rates. Full pricing details are available on our Pricing page or in your order form. All amounts are in Australian Dollars (AUD) and inclusive of GST unless stated otherwise.

Billing

Subscriptions are billed on a month-to-month basis unless otherwise agreed. Invoices are issued in arrears and are payable within 14 days of the invoice date. You may set spending limits and usage alerts within the Service to help manage your costs.

Pricing Changes

We may update our pricing from time to time. We will provide at least 30 days' notice of any pricing change. Continued use of the Service after the new pricing takes effect constitutes your acceptance of the updated pricing.

Late Payment

If payment is not received within the specified payment terms, we may send a reminder notice. If payment remains outstanding after the reminder, we reserve the right to suspend your access to the Service until the overdue amount is paid in full. We will provide reasonable notice before any suspension for non-payment.

Refunds

Monthly subscriptions are not eligible for refunds. If you have entered into an annual billing arrangement, you may be entitled to a pro-rata refund for the unused portion of your prepaid term if you cancel before the end of the billing period. Refund requests should be directed to hi@heyema.com.

12. Intellectual Property

Our Intellectual Property

The Service, including its design, source code, features, functionality, documentation, branding, logos, and all related intellectual property, is owned by Fieldstate Pty Ltd and is protected by Australian and international intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.

Your Intellectual Property

You retain all ownership rights in Your Content and Event Data as described in Section 7. We do not acquire any rights to your intellectual property except for the limited licence granted in these Terms.

Trademarks

Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or brand assets without our prior written consent.

Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free licence to use, modify, and incorporate that Feedback into the Service or any other product or service without any obligation or compensation to you.

13. Warranties and Disclaimers

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate, reliable, or complete.
• AI-generated outputs will be accurate, appropriate, or suitable for any particular purpose.
• Any defects in the Service will be corrected within any particular timeframe.

Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law or any other applicable consumer protection legislation. If the Australian Consumer Law applies to you, and we fail to comply with a consumer guarantee, you are entitled to the remedies set out in the Australian Consumer Law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Service is limited to the total amount of fees you paid to us during the 12 months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, loss of goodwill, or business interruption, however caused and regardless of the theory of liability, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies any liability that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable legislation.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fieldstate Pty Ltd and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms.
• Your Content or Event Data, including any claim that Your Content infringes or violates any third-party rights.
• Your violation of any applicable law, regulation, or third-party right.
• Your use of the Service in a manner not authorised by these Terms.

If a claim is made against us for which you are required to indemnify us, we will: (a) promptly notify you of the claim; (b) give you reasonable control over the defence and settlement of the claim, provided that you may not settle any claim in a manner that imposes obligations on us without our prior written consent; and (c) provide you with reasonable cooperation at your expense.

16. Termination

Termination by You

You may close your account at any time through the Service or by contacting us at hi@heyema.com. Upon closing your account, you remain responsible for any fees incurred up to and including the date of termination.

Termination by Us

We may suspend or terminate your access to the Service immediately if you breach these Terms. We may also terminate your account without cause by providing at least 30 days' written notice.

Effect of Termination

Upon termination, your right to access and use the Service ceases immediately, except that we will make Your Content and Event Data available for export for 90 days following the effective date of termination. After the 90-day period, we may permanently delete Your Content and Event Data.

Any fees owed through the date of termination remain payable. Provisions of these Terms that by their nature should survive termination will continue to apply, including but not limited to Sections 12, 13, 14, 15, 18, and 22.

17. Data Export and Portability

We are committed to ensuring you can access and move your data freely. You may export Your Content and Event Data at any time during your active subscription using:

• The built-in export tools available within the Service.
• The ema public API.

Exports are available in standard, machine-readable formats including CSV and JSON. Following termination of your account, your data will remain available for export for 90 days as described in Section 16.

18. Confidentiality

Each party ("Receiving Party") agrees to keep confidential any non-public information disclosed by the other party ("Disclosing Party") that is designated as confidential or that the Receiving Party should reasonably understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information").

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure without restriction; (c) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (d) is rightfully received from a third party without restriction and without breach of any obligation of confidentiality.

A Receiving Party may disclose Confidential Information to the extent required by applicable law or a valid legal order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice where legally permitted.

19. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from circumstances beyond the affected party's reasonable control. Such circumstances include, but are not limited to: natural disasters, pandemics or epidemics, war or armed conflict, terrorism, government actions or orders, civil unrest, internet or telecommunications failures, power outages, and the failure or outage of third-party services or infrastructure.

The affected party must promptly notify the other party of the force majeure event and use reasonable efforts to mitigate its impact. If a force majeure event continues for more than 60 days, either party may terminate the affected portion of the agreement upon written notice.

20. Dispute Resolution

If a dispute arises out of or in connection with these Terms, the parties agree to follow this resolution process:

• Good faith negotiation: The parties will first attempt to resolve the dispute through good faith negotiation for a period of 30 days from the date one party notifies the other of the dispute.
• Mediation: If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Sydney, New South Wales, before commencing court proceedings.
• Court proceedings: If the dispute is not resolved through mediation, either party may commence proceedings in the courts of New South Wales, Australia.

Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction. Claims that fall within the jurisdiction of a small claims tribunal may be brought directly in that forum.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this section is void.

We may assign our rights and obligations under these Terms in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms. We will notify you of any such assignment.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Subject to the dispute resolution process set out in Section 20, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

23. Changes to These Terms

We may update or modify these Terms from time to time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we will provide at least 30 days' notice before the changes take effect, and we will notify you by email to the address associated with your account.

Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and close your account before the changes take effect.

24. Severability

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be severed from these Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fieldstate Pty Ltd with respect to the Service, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written, oral, or implied.

No waiver of any term or condition of these Terms will be considered a further or continuing waiver of that term or any other term. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

26. Mobile Messaging (SMS)

Where you opt in to receive text messages from hey ema, the following terms apply to that messaging program.

Program Description

When you opt in, you will receive recurring automated text messages related to your event registration, including registration confirmations, links to edit your registration, event reminders, and event updates.

Consent

You opt in by providing your mobile number and agreeing to receive messages at the point of registration. Consent to receive text messages is not a condition of purchasing any goods or services.

Message Frequency and Cost

Message frequency varies based on your event activity. Message and data rates may apply. Please contact your wireless provider for details about your mobile plan.

Opt Out and Help

You can cancel the SMS service at any time by replying STOP to any message. After you send STOP, we will send a confirmation message, and you will no longer receive messages. For help, reply HELP or contact us at hi@heyema.com.

Carriers

Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission from your wireless service provider and is not guaranteed.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. For details on how we handle your information, see our Privacy Policy.

27. Contact Us

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

Fieldstate Pty Ltd, trading as hey ema
ABN 60 695 654 436
101 Camberwell Road, Hawthorn East VIC 3123, Australia

Email: hi@heyema.com