Terms of Service

These Terms are an agreement between you and Hey Sully Pty Ltd (ABN 33 702 380 452), an Australian company. In them, 'us', 'we' and 'our' means Hey Sully Pty Ltd, and 'the Services' means this website together with the Sully web and mobile apps.

By creating an account, or by accessing or using the Services, you agree to these Terms. Our Data Processing Addendum sets out the terms on which we process personal information for your organisation, and forms part of these Terms. Our Privacy Policy explains how we handle personal information generally. If you do not agree to these Terms, do not use the Services.

If you use the Services for a firm or other organisation, you accept these Terms on its behalf and confirm that you have authority to do so. In that case, “you” includes that organisation.

If your organisation has signed a separate agreement with us for the apps, such as an order form or enterprise agreement, that agreement governs its use of the apps and prevails over these Terms wherever the two differ.

We may update these Terms. If a change materially affects how you use the apps or what you pay, we will tell you by email at least 30 days before it takes effect, unless it has to happen sooner to comply with the law or to address a security risk. If you do not agree to a change, you can stop using the Services and cancel any paid plan before it takes effect, and we will refund the unused part of any period you have paid for in advance. Otherwise, using the Services after that date means you accept it. The date at the top of this page shows when these Terms last changed.

We collect personal information about you in order to provide the Services, respond to your enquiry, arrange a demonstration, send you product updates you have asked for, and for the other purposes set out in our Privacy Policy.

That information may be disclosed to third parties who help us deliver our services, including our information technology and communications suppliers, or where the law requires it. Some of those recipients are located outside Australia, including in the United States. If you do not provide the information, we may not be able to help you.

Our Privacy Policy explains how we store and use your personal information, how you can access and correct it, how to make a complaint about the way we have handled it, and how we will deal with that complaint. By giving us your personal information, you acknowledge that we will handle it as this notice and our Privacy Policy describe.

You need an account to use the apps. You can sign in with the options the apps offer, such as your Microsoft or Google account, or with an email address and password. You must be at least 18, and the details you give us must be accurate and kept up to date. The apps are for business use, not personal, domestic or household use, and are offered to businesses in Australia and New Zealand. If you use them from elsewhere, you are responsible for complying with your local law.

Keep your sign-in details secure, and tell us straight away at hello@heysully.ai if you think someone has used your account without permission. You are responsible for what happens under your account, except to the extent it is caused by our breach of these Terms, by a failure of our security that you could not reasonably have prevented, or after you have told us the account is compromised.

Work in Sully happens in workspaces. A workspace’s owners and administrators manage who belongs to it and in what role. Where a workspace belongs to an organisation, that organisation is responsible for the members it admits and for how they use the Services.

Your content is everything you or your workspace capture, upload or create in the apps: video, photos, audio, notes, the location and site details attached to a walk, your chats (the questions you ask and the files, web pages and places you add to them), and the summaries, action items, transcripts, subtitles, dubbed audio, chat answers and documents we produce from them.

As between you and us, your content is yours. We claim no rights in it beyond the licence below, and to the extent we hold any intellectual property rights in the summaries, action items, transcripts, subtitles, dubbed audio, chat answers or documents we produce for you, we assign them to you when they are created. AI output may not be protected by copyright, and Sully may produce similar output for other customers from similar walks; nothing in these Terms gives you rights in output produced for someone else.

You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display your content, only as needed to provide, secure and support the Services for you, including through the providers listed in our Privacy Policy. The licence ends when your content is deleted, apart from copies we must keep by law or that sit in backups until they expire on their normal cycle.

We do not use your content to train general-purpose AI models, ours or anyone else’s.

You are responsible for your content and for having the right to capture, upload and share it. A walk can record people, conversations and property that are not yours, and Sully will transcribe what is said and show the walk to everyone you share it with. Before you record, tell the people present that you are recording, and do not record a private conversation unless everyone in it agrees. Do not record inside private spaces beyond what the job needs. You must comply with the surveillance devices, listening devices and privacy laws that apply where you record, and give any notice and get any consent they require. By uploading a walk you confirm to us that you have.

If a person recorded in a walk asks us to remove or restrict it, or we receive a credible complaint that a walk was recorded unlawfully, we may restrict or remove that content. We will tell you when we do, unless the law prevents it.

Anyone with a share link can view what it shares until the link expires or we revoke it at your request. When you send content to a connected service, it goes into that account and is governed by that service’s terms from then on.

We keep your content for as long as your workspace exists, including after a plan lapses. The person who uploaded a walk, or a workspace admin, can delete it in the apps. A workspace’s owner can delete the workspace, or ask us to, at any time, as our Privacy Policy describes.

Your content is confidential. We use and disclose it only to provide, secure and support the Services, as our Privacy Policy and Data Processing Addendum describe, or where the law requires. Our staff open a workspace only to support you or to keep the Services running, and when they view one to support you, that view is read-only and recorded against their account.

You must keep confidential any non-public information we give you about the Services.

Sully uses AI to transcribe, analyse and summarise your walks, to answer your questions in chat, to draft documents, and to read figures out of files you give it. AI output can be incomplete or wrong. It can miss something that is there, mishear what was said, or describe something that is not there.

Everything Sully produces is a draft for a qualified person to review. It is not a report, a certification or professional advice, and it does not replace your own inspection and judgement. Check it against the walk before you rely on it. You are responsible for any report, advice, quote or decision you base on it, and the professional who signs the work remains its author.

If a professional standard governs your use of AI, such as the RICS professional standard on the responsible use of artificial intelligence in surveying practice, meeting it is your responsibility: deciding whether Sully’s output is reliable enough for its purpose, recording that decision, and telling your clients that AI is used. On request we will give you written information about how Sully works, its limitations, which providers process your content and what each is permitted to do with it, to support your due diligence.

You must not use the Services in a way that is unlawful, that infringes anyone else’s rights, or that we reasonably consider harmful. In particular, you must not:

• Capture, upload or share material you do not have the right to, including recordings made in breach of privacy or surveillance laws.
• Upload material that is defamatory, obscene, threatening or discriminatory, or that contains viruses or anything else designed to cause harm.
• Access, or try to access, another workspace’s data, or get around any limit, access control or security measure in the Services.
• Probe, scan or test the Services for vulnerabilities, except as our Security page allows.
• Copy, resell or reverse engineer the apps, except to the extent the law allows.
• Scrape the Services, or send automated traffic that degrades them for other people.

If you post anything to this website, we may take it down at our discretion.

Some of the Services need a paid plan. Our plans and prices are set out on our pricing page. The price that applies to you is the one shown when you subscribe, or the one in your signed agreement with us.

When you subscribe to a paid plan by card, it is billed in advance, monthly or annually, in Australian dollars plus GST, through our payment provider, and renews automatically at the end of each billing period until cancelled. You can cancel at any time by emailing us, and your plan stays active until the end of the period you have paid for. We do not refund part-periods when you cancel, except where these Terms say so (for example, if we materially reduce what your plan gives you) or where the Australian Consumer Law gives you a right to a refund.

We may offer a free trial. When a trial ends without a paid plan, processing stops, including answers to questions in chat, and everything already captured stays viewable, findable by name and downloadable.

Plans include walk allowances. We will not charge you for usage beyond your plan unless you agree to it.

We may change our prices. We will tell you by email at least 30 days before a new price applies to your plan, and it applies from your next billing period after that. If you do not accept it, you can cancel before then.

If a payment fails, we will tell you and give you at least 14 days to put it right before we pause processing for your workspace. Your existing content stays viewable while processing is paused.

Prices, plans and capabilities described on this website are indicative and may change. Nothing on the website is itself an offer: a subscription starts when you choose a plan in the apps, or when you sign an agreement with us.

Descriptions of what Sully does reflect the product as it stands and as we intend to develop it. Software changes; a feature described here may work differently by the time you use it.

The apps can sign you in with, deliver finished walks to, and read files from services run by other companies, such as Microsoft 365 and Google Workspace. Only the person who connected a service can pick files from it. Your use of those services is governed by their terms, and we are not responsible for them or for what happens to content once it is in them. We deliver to the account and location you choose, so check them before you send.

The apps include Google Maps features and content. Your use of them is subject to the then-current Google Maps End User Additional Terms of Service, at maps.google.com/help/terms_maps, and the Google Privacy Policy, at policies.google.com/privacy.

If you install the Sully app from Apple’s App Store or Google Play, this section also applies. These Terms are between you and us, not Apple or Google. Apple and Google have no obligation to maintain or support the app, and we, not they, are responsible for any claim about it, including product liability, consumer protection, intellectual property and legal compliance claims.

Your licence to the app is limited to devices you own or control and is subject to the store’s usage rules. If the app fails to meet a warranty, you may tell Apple and it may refund the price you paid for the app, if any; Apple has no other warranty obligation for it.

You confirm that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties. You must comply with any third-party terms that apply when you use the app, such as your mobile carrier’s. Apple and its subsidiaries are third-party beneficiaries of these Terms for the app and may enforce them against you. Our contact details are at the end of these Terms.

Sully is under active development. We may add, change or remove features, and features we label as early access or beta may change or be withdrawn. If a change materially reduces what a paid plan gives you, you can cancel and we will refund the unused part of any prepaid period.

We aim to keep the Services available, but we do not promise they will be uninterrupted or error-free, and we may take them offline for maintenance. Unless your signed agreement says otherwise, we do not offer a service level commitment.

The information on this website is a summary. We take reasonable care to keep it accurate and complete, but to the extent permitted by law, including the Australian Consumer Law, we make no warranty about it. You should check for changes to anything you intend to rely on.

We may change or add to this website, or to the products and services described on it, at any time. We do not undertake to keep the website up to date. To the extent the law allows, we are not liable if information on the website turns out to be incorrect or out of date, or if your systems are damaged in connection with your use of this website or a site linked from it. Take your own precautions against viruses and anything else that might affect your systems. The Liability section applies.

This website contains links to websites operated by third parties, including AI assistants you can ask a prepared question about Sully, and social platforms you can share a page to. Those links are provided for convenience and may not remain current or be maintained.

Unless we expressly say otherwise, we do not endorse and are not responsible for the content of those websites, and we have no control over or rights in them. An answer an AI assistant gives you about Sully is that assistant’s answer, not ours, and we do not warrant that it is correct.

Unless otherwise indicated, we own or license from third parties all rights, title and interest, including copyright, designs, trade marks and other intellectual property rights, in the Services and in all material we make available through them, including text, graphics, logos, images and software (the Content). Your content is not part of the Content; it stays yours.

Using the Services does not transfer any rights in them or in the Content to you. We grant you a licence to use the Services, and to view the Content, for your own business purposes while you comply with these Terms.

You must not reproduce or redistribute this website or the Content, or copy the Content to another server or location for publication, reproduction or distribution. All other use, copying or reproduction is prohibited except to the extent the law permits it. You may, however, keep a copy of any page for your own reference, and quote or link to our writing with attribution.

The Sully name and mark are ours. Please do not use them in a way that suggests we endorse you or your product.

If you send us feedback or suggestions, we may use them without any obligation to you.

You can stop using the Services at any time. To close your account or workspace, email hello@heysully.ai.

We may suspend or end your access if you seriously or repeatedly breach these Terms, if you do not pay, if the law requires it, or if your use creates a security risk or could harm the Services or other people. Where it is reasonable to, we will tell you first and give you a chance to fix the problem.

We may also end the Services, or your access to them, for any other reason on at least 60 days’ notice. If we do, we will refund the unused part of any period you have paid for in advance, and give you at least 60 days to retrieve your content.

A lapsed plan does not delete your content: it stays in your workspace, viewable, findable by name and downloadable, until you ask us to delete it. If we end your access for a breach, we will give you a reasonable opportunity to retrieve your content first, with our help where you need it, unless the law prevents it or doing so would cause harm.

Sections of these Terms that by their nature should continue after they end, such as those on your content, liability and governing law, continue to apply.

To the maximum extent permitted by law, including the Australian Consumer Law, we provide the Services as they are and make no warranties or representations about them or the Content beyond those in these Terms. In particular, we do not promise that the Services or the Content will be complete, accurate or up to date, that access will be uninterrupted or error-free, or that AI output will be correct.

We may change or restrict access to any part of this website at any time and without notice.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that the Australian Consumer Law or any other law confers on you and that cannot lawfully be excluded, restricted or modified.

Nothing in this section or elsewhere in these Terms excludes, restricts or modifies any guarantee, right or remedy the Australian Consumer Law or any other law gives you that cannot lawfully be excluded, restricted or modified. Subject to that:

• Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill, however it arises. This does not limit your obligation to pay for the Services, your obligations under Claims about your content, or either party’s liability for misuse of the other’s intellectual property or confidential information.
• Our total liability to you for all claims arising out of or in connection with the Services or these Terms is limited to the greater of the fees you paid us in the 12 months before the event that gave rise to the claim and A$1,000.
• Where the law lets us limit our liability for failing to meet a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
• Each party’s liability is reduced to the extent the other caused or contributed to the loss. For you, that includes relying on AI output without the review these Terms require.

These limits do not apply to loss caused by a party’s fraud or wilful misconduct.

If someone makes a claim against us because your content, or the way you captured or shared it, breached their rights or the law, you will compensate us for the loss, damage and reasonable costs, including reasonable legal costs, we incur as a result, to the extent the claim was not caused by us. We will tell you promptly about any such claim, let you take over its defence if you wish, and take reasonable steps to keep our loss down.

These Terms and your use of the Services are governed by the law of New South Wales, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

If any part of these Terms is found to be invalid or unenforceable, the rest continues to apply. If we do not enforce a right straight away, we have not given it up.

You may not transfer your rights under these Terms without our written consent, which we will not unreasonably withhold, for example if your firm is sold or merges. We may transfer ours to a business that takes over the Services, provided it agrees to be bound by these Terms, and we will tell you when we do.

Neither of us is liable for delay or failure caused by something outside our reasonable control, other than an obligation to pay.

We send notices to the email address on your account. Send notices to us at hello@heysully.ai.

Questions about these Terms go to hello@heysully.ai.

Written notice can be sent to Hey Sully Pty Ltd, Suite 34, Ground Floor, 97-99 Bathurst Street, Sydney NSW 2000.