1About the Platform
AMLyticsAI is an AI-assisted AML/CTF compliance management platform designed to help Australian businesses operating in AUSTRAC-regulated sectors manage obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated AML/CTF Rules (together, the “AML/CTF Act”). The Platform may provide tools for risk assessment, KYC/CDD onboarding, ongoing customer due diligence, transaction monitoring, PEP and sanctions screening, alerting, and Suspicious Matter Report (SMR) workflow support.
The specific features, modules, and service levels available to you will depend on your subscription plan, as set out in your order form, account dashboard, or separate subscription agreement (collectively, the “Order”), which forms part of these Terms.
2Not Legal, Compliance, or Professional Advice
This is an important clause and you should read it carefully.
The Platform is a software tool designed to support — not replace — your organisation’s own AML/CTF compliance program, internal controls, and professional judgment. Use of the Platform does not constitute legal, regulatory, or compliance advice, and does not guarantee compliance with the AML/CTF Act, AUSTRAC guidance, or any other law.
You acknowledge and agree that:
- you (the Customer) remain the “reporting entity” (or otherwise remain responsible) for your own obligations under the AML/CTF Act, including the design and operation of your AML/CTF program, your customer risk assessments, your due diligence decisions, and any decision to submit (or not submit) a Suspicious Matter Report or other report to AUSTRAC;
- risk scores, alerts, flags, and recommendations generated by the Platform — including those generated using AI or automated models — are decision-support tools only, and must be reviewed and acted upon by your own appropriately trained personnel;
- you remain solely responsible for the accuracy of information you input into the Platform, and for the compliance outcomes and regulatory decisions you make, whether or not informed by Platform outputs; and
- you should seek independent legal or professional advice in relation to your specific AML/CTF obligations, and should not rely on the Platform as a substitute for such advice.
3Eligibility and Account Registration
To use the Platform, you must:
- be a business or organisation operating in Australia (or otherwise subject to AUSTRAC oversight), using the Platform for legitimate business compliance purposes;
- provide accurate, current, and complete registration information, and keep it up to date;
- maintain the confidentiality of your account credentials, and promptly notify us of any unauthorised access or use of your account; and
- ensure that any individual you authorise to access the Platform on your behalf complies with these Terms.
You are responsible for all activity that occurs under your account, except to the extent caused by our breach of these Terms.
4Customer Data
“Customer Data” means all data, including personal information about your End Customers, that you or your authorised users input into, or generate using, the Platform.
- Ownership: As between you and us, you retain all rights, title, and interest in and to your Customer Data.
- Licence to us: You grant us a limited, non-exclusive licence to access, host, process, and use Customer Data solely to provide, maintain, support, and improve the Platform, and as otherwise described in our Privacy Policy.
- Your warranties: You warrant that you have all necessary rights, consents, and legal bases to provide Customer Data (including personal information of your End Customers) to us for processing via the Platform, and that your collection and provision of that data complies with applicable privacy and AML/CTF law.
- Aggregated/de-identified data: We may use de-identified or aggregated data derived from Customer Data to develop, train, and improve our risk-scoring models and Platform features, provided such data cannot reasonably be used to re-identify any individual.
Our handling of personal information within Customer Data is further described in our Privacy Policy.
5Acceptable Use
You must not use the Platform to:
- violate any applicable law, including the AML/CTF Act, Privacy Act, or sanctions laws;
- input data you do not have the right to provide, or to facilitate unlawful activity, including actual money laundering or terrorism financing;
- attempt to reverse-engineer, decompile, or extract the underlying models, algorithms, or source code of the Platform;
- interfere with or disrupt the integrity or performance of the Platform, including through unauthorised access, scraping, or load testing without our consent;
- use the Platform to build a competing product or service; or
- misrepresent your identity or organisation, or share account credentials with unauthorised third parties.
We may suspend or restrict access where we reasonably suspect a breach of this clause, in accordance with Section 12.
6Third-Party Services
The Platform may integrate with third-party data providers, including identity verification, document verification, sanctions, and PEP screening services. These third-party services are provided subject to their own terms and may be subject to availability, accuracy limitations, or changes outside our control. We are not responsible for the accuracy, availability, or performance of third-party data sources, although we will use reasonable efforts to select and maintain reputable providers.
7Fees and Payment
Fees for the Platform are set out in your Order. Unless otherwise agreed:
- fees are payable in advance on the billing cycle specified in your Order (e.g. monthly or annually);
- all fees are exclusive of GST unless stated otherwise, and GST will be added where applicable;
- overdue amounts may incur interest and/or suspension of access, in accordance with Section 12; and
- fees are non-refundable except as required by the Australian Consumer Law or as expressly stated in your Order.
We may change our fees with reasonable prior notice (e.g. 30 days), with changes applying from your next renewal term.
8Intellectual Property
We (and our licensors) own all rights, title, and interest in and to the Platform, including its software, models, design, trademarks, and documentation. Nothing in these Terms transfers any intellectual property rights to you, except the limited right to access and use the Platform in accordance with these Terms.
You retain ownership of your Customer Data and any trademarks or branding you provide to us.
9Confidentiality
Each party must keep confidential the other party’s non-public business, technical, and commercial information disclosed in connection with these Terms, and use it only for the purposes of these Terms, except where disclosure is required by law (including disclosure to AUSTRAC or another regulator) or with the other party’s consent.
10Service Availability and Disclaimers
We will use reasonable efforts to make the Platform available and to maintain its performance, but we do not guarantee uninterrupted, error-free, or continuous availability. We may suspend access for scheduled or emergency maintenance, with notice where reasonably practicable.
To the maximum extent permitted by law, and subject to Section 11, the Platform is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.
11Limitation of Liability
To the maximum extent permitted by law:
- neither party will be liable to the other for any indirect, special, consequential, or incidental loss, including loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms, even if advised of the possibility of such loss; and
- our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, fraud, or breach of consumer guarantees under the Australian Consumer Law.
You acknowledge that nothing in these Terms transfers to us any liability for your regulatory compliance outcomes, AUSTRAC reporting decisions, or penalties arising from your own AML/CTF Act obligations, consistent with Section 2.
12Suspension and Termination
- By you: You may terminate your subscription in accordance with the notice period specified in your Order, or at the end of your then-current term.
- By us: We may suspend or terminate your access immediately if you materially breach these Terms (including Section 5), fail to pay fees when due, or if required to do so by law or a regulator.
- Effect of termination: On termination, your right to access the Platform ends. We will retain Customer Data for the period required to meet our own and your AML/CTF Act record-keeping obligations (see our Privacy Policy), after which it will be securely deleted or de-identified, unless you request export of your data within a reasonable period following termination (e.g. 30 days), where we will provide reasonable assistance, subject to any outstanding fees.
13Force Majeure
Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications failures, third-party data provider outages, or government action.
14Changes to These Terms
We may update these Terms from time to time, including to reflect changes in the AML/CTF Act, Privacy Act, or our Platform features. We will provide reasonable notice of material changes (e.g. via email or in-Platform notice). Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
15Governing Law and Disputes
These Terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that state. Before commencing formal legal proceedings (other than for urgent injunctive relief), the parties agree to attempt to resolve any dispute in good faith through senior representative discussions.
16General
- Entire agreement: These Terms, together with your Order and our Privacy Policy, constitute the entire agreement between you and us regarding the Platform, superseding prior discussions or agreements on the subject.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No waiver: A failure to enforce any provision is not a waiver of that provision.
- Notices: Notices to us should be sent to reachus@smartresourcesqld.com.au. Notices to you will be sent to the contact details associated with your account.
17Contact Us
For any questions about these Terms, please contact us: