Nyuvo Consent, Privacy, AI & Data Handling Terms

These Consent, Privacy, AI & Data Handling Terms (“Terms”) govern access to and use of the Nyuvo mobile application, Nyuvo App, website, software platform, APIs, integrations, and related services (“Services”) operated by Nyuvo.

These Terms are designed to align with applicable Australian privacy principles, platform requirements of Apple Inc. App Store policies, Google LLC Play Store data handling requirements, and Australian real estate industry compliance expectations, including obligations commonly arising under Fair Trading, privacy, consumer protection, confidentiality, and agency-related laws and regulations.

By accessing, installing, registering for, or using the Services, you acknowledge and agree that you have read, understood, and expressly accepted these Terms.

If you do not agree to these Terms, you must immediately discontinue use of the Services.

1. Nature of the Platform

Nyuvo is an AI-assisted workflow, productivity, communication, and operational support platform designed for real estate professionals, agencies, property-related businesses, and associated commercial users.

Nyuvo:

• Is not a licensed real estate agency
• Does not act as an agent, broker, conveyancer, legal advisor, financial advisor, or fiduciary
• Does not provide legal, regulatory, valuation, compliance, investment, or professional advice
• Does not independently verify information entered by users
• Does not guarantee accuracy of listings, communications, records, AI outputs, reminders, disclosures, or workflows

Users remain solely responsible for:

• Compliance with all applicable laws and regulations
• Accuracy of information uploaded or communicated
• Fair Trading compliance obligations
• Privacy obligations owed to clients and third parties
• Review and approval of all communications and actions generated using the Services

2. Compliance Responsibility of Users

Users acknowledge and agree that they are independently responsible for compliance with:

• Australian Privacy Principles (APPs)
• Fair Trading obligations applicable in relevant Australian jurisdictions
• Real estate licensing and conduct obligations
• Spam and electronic communication laws
• Confidentiality obligations
• Agency disclosure obligations
• Record keeping obligations
• Consumer protection requirements
• Data consent and collection obligations

Nyuvo provides software tools only and does not assume responsibility for user compliance failures.

3. Data Governance Principles

Nyuvo operates under the following principles:

• Data minimisation — collection limited to reasonably necessary information
• Purpose limitation — information used only for legitimate operational purposes
• Security by design — safeguards embedded into architecture and workflows
• Least privilege access — controlled and restricted access permissions
• User accountability — users remain responsible for uploaded content and actions
• Commercial confidentiality — protection of sensitive agency and client information

4. Information Collected

4.1 User-Supplied Information

Users may upload or provide:

• Names, phone numbers, email addresses
• Business and agency details
• Notes, reminders, follow-ups, tasks, and pipeline records
• Property information and listing-related material
• Buyer, vendor, landlord, tenant, or prospect information
• Uploaded documents, images, recordings, and attachments
• Communications and operational workflow data

Users warrant that:

• They possess lawful authority to upload and process such information
• Required notices and consents have been obtained
• Uploaded information does not breach privacy, confidentiality, contractual, employment, fiduciary, or agency obligations
• Information uploaded is not knowingly misleading, deceptive, unlawful, defamatory, or fraudulent

Nyuvo does not independently validate uploaded information and disclaims liability arising from unlawful or inaccurate user-provided data.

4.2 Automatically Collected Technical Information

Nyuvo may automatically collect limited operational and technical data including:

• Device identifiers and operating system information
• App and browser versions
• Login activity and timestamps
• Connectivity and sync events
• Feature interaction patterns
• Audit logs and diagnostics
• Crash reports and system telemetry

This information is used strictly for:

• Security monitoring
• Fraud prevention
• System integrity
• Performance optimisation
• Reliability and diagnostics
• Product improvement and analytics
• Operational continuity

4.3 Voice, Dictation & Audio Features

Where microphone permissions are enabled, the Services may process:

• Voice commands
• Spoken notes
• Dictation
• Audio-based workflow instructions

Voice processing is used solely for:

• Intent recognition
• AI-assisted workflow generation
• Action creation
• Productivity enhancement
• Speech recognition improvement

Important Disclosures:

• Voice features are optional
• Audio data is not sold
• Audio data is not used for advertising or behavioural targeting
• Audio may be transcribed, anonymised, temporarily cached, or deleted
• Retention periods vary according to operational and legal requirements

Users remain responsible for ensuring lawful recording, disclosure, and consent obligations where voice recordings involve third parties.

5. AI & Automation Disclosure

The Services incorporate artificial intelligence, automation, predictive systems, and machine-learning technologies that may analyse voice, text, workflow patterns, behavioural activity, and operational signals.

You expressly acknowledge that:

• AI outputs are probabilistic and non-deterministic
• AI-generated content may be inaccurate, incomplete, delayed, biased, or contextually incorrect
• AI-generated reminders, follow-ups, workflows, and recommendations are assistive only
• AI outputs must be independently reviewed before reliance or execution
• Automated actions may not always reflect legal, regulatory, contractual, or Fair Trading obligations

Nyuvo expressly disclaims responsibility for decisions, representations, communications, disclosures, negotiations, advertising, or transactions undertaken based on AI-generated outputs.

Users remain solely responsible for:

• Reviewing all generated content
• Ensuring compliance with applicable real estate advertising and disclosure obligations
• Ensuring factual accuracy
• Preventing misleading or deceptive conduct
• Confirming legal and contractual compliance before communication or publication

6. Real Estate Advertising & Fair Trading Disclaimer

Users acknowledge that:

• Property advertising laws and Fair Trading obligations vary across Australian jurisdictions
• Nyuvo does not review, approve, validate, or certify property listings or advertising content
• Users remain solely responsible for ensuring that all advertisements, representations, pricing, descriptions, imagery, claims, and communications comply with applicable laws

Nyuvo disclaims liability arising from:

• Misleading or deceptive advertising
• Inaccurate pricing or property information
• Omitted disclosures
• Incorrect representations
• Breaches of agency obligations
• Unauthorised use of third-party material

7. Data Storage, Hosting & Security

Nyuvo applies commercially reasonable technical and organisational safeguards including:

• Encryption in transit and at rest
• Access controls and authentication management
• Role-based permissions
• Logging and monitoring
• Backup and disaster recovery procedures
• Infrastructure segregation
• Environment separation between development and production systems

Data is primarily hosted within Australia using secure cloud infrastructure.

Despite safeguards, no platform or electronic transmission method can be guaranteed fully secure. Users acknowledge and accept residual operational and cybersecurity risks.

8. Cloud Infrastructure, Hosting & Cybersecurity Risk Allocation

The Services are hosted using third-party cloud and infrastructure providers, including infrastructure operated by Amazon Web Services, Inc. (“AWS”) and associated service providers.

While Nyuvo implements commercially reasonable safeguards, monitoring, backup procedures, encryption measures, and access controls, users acknowledge and agree that:

• No cloud infrastructure, software platform, network, or electronic transmission system can be guaranteed completely secure, uninterrupted, or error-free
• Cybersecurity incidents, ransomware attacks, distributed denial-of-service attacks, infrastructure outages, hardware failures, software defects, malicious activity, data corruption, service interruptions, or unauthorised access events may occur despite reasonable safeguards
• Nyuvo does not control the underlying infrastructure operated by third-party hosting or cloud providers
• Certain operational, security, uptime, redundancy, and disaster recovery measures are dependent upon third-party infrastructure providers, including AWS
• Temporary downtime, latency, degraded performance, synchronisation delays, backup delays, or data access interruptions may occur

To the maximum extent permitted by law, Nyuvo disclaims liability for:

• Infrastructure outages or cloud hosting failures
• Data loss, corruption, delay, or interruption caused by third-party infrastructure providers
• Cyberattacks or unauthorised access events not caused by Nyuvo’s wilful misconduct
• Internet, telecommunications, mobile carrier, or connectivity failures
• Events outside Nyuvo’s reasonable control, including force majeure events
• Loss arising from user-side device compromise, credential misuse, insecure networks, or inadequate internal security practices

Users acknowledge that they are independently responsible for maintaining appropriate:

• Internal cybersecurity practices
• Credential management procedures
• Endpoint and device security
• Backup and record retention processes
• Business continuity procedures where commercially required

Nyuvo may suspend, restrict, isolate, or temporarily disable parts of the Services where reasonably necessary to:

• Respond to security threats
• Protect platform integrity
• Investigate suspicious activity
• Maintain operational continuity
• Comply with legal or regulatory obligations

9. Third-Party Service Providers

Nyuvo may engage third-party service providers for limited operational purposes including:

• Cloud infrastructure and hosting
• Notifications and messaging
• Authentication services
• Technical support
• Diagnostics and monitoring
• Payment processing
• Analytics and operational tooling

Service providers are contractually required to maintain confidentiality and implement reasonable security safeguards.

Nyuvo does not authorise third-party providers to use user data for advertising resale or unrelated commercial purposes.

10. Development, Contractors & Offshore Personnel

Nyuvo may utilise employees, contractors, developers, engineers, consultants, or technical service providers located outside Australia.

Nyuvo applies safeguards including:

• Segregated environments
• Restricted production access
• Logging and monitoring of privileged activity
• Confidentiality and IP protection obligations
• Use of anonymised or synthetic data where feasible
• Access limitation on a need-to-know basis

Offshore personnel do not receive unrestricted or routine access to live production customer data.

11. Data Retention & Deletion

Nyuvo retains data:

• While accounts remain active
• For operational continuity purposes
• For legal, regulatory, taxation, security, audit, dispute, or enforcement requirements

Following deletion requests or account closure, data may be:

• Deleted
• Archived
• De-identified
• Anonymised
• Retained in temporary backups until scheduled purge cycles complete

Nyuvo is not responsible for retention obligations independently applicable to users under real estate, taxation, or regulatory laws.

12. User Rights

Subject to applicable law, users may request:

• Access to personal information
• Correction of inaccurate information
• Data export where technically feasible
• Deletion of eligible data
• Withdrawal of optional permissions or consent

Requests may be refused, limited, or delayed where legally permitted or operationally necessary.

13. Account Security & User Responsibility

Users are solely responsible for:

• Maintaining credential confidentiality
• Preventing unauthorised access
• Managing device access and permissions
• Monitoring user activity within their organisation
• Ensuring lawful internal use by staff or contractors

Users must immediately notify Nyuvo of suspected unauthorised access or security incidents.

14. Intellectual Property

All intellectual property rights relating to the Services, including software, databases, AI systems, workflows, algorithms, branding, interfaces, APIs, and documentation remain the exclusive property of Nyuvo Solutions Pty Ltd unless otherwise stated.

Users retain ownership of uploaded business content and data, subject to licences reasonably necessary for operation of the Services.

15. Acceptable Use Restrictions

Users must not:

• Upload unlawful or unauthorised content
• Use the Services for fraudulent or misleading conduct
• Reverse engineer or interfere with platform security
• Use the Services to infringe third-party rights
• Circumvent security or access controls
• Use AI-generated content without reasonable review
• Use the Services in a manner that breaches Fair Trading, privacy, consumer, or anti-spam laws

Nyuvo reserves the right to suspend or terminate accounts for suspected misuse, unlawful conduct, or security risks.

16. Limitation of Liability

To the maximum extent permitted by law:

• Nyuvo excludes liability for indirect, incidental, consequential, exemplary, punitive, or special loss
• Nyuvo does not guarantee uninterrupted or error-free operation
• Nyuvo is not liable for business interruption, lost revenue, lost commissions, data loss, reputational harm, or regulatory action arising from user conduct or reliance on AI outputs
• Nyuvo is not liable for outages, downtime, infrastructure failures, or cybersecurity incidents attributable to third-party providers, telecommunications networks, internet infrastructure, or cloud hosting environments
• Total aggregate liability relating to the Services is limited to fees paid by the user during the preceding 12 months, or AUD $100 where no fees have been paid

Nothing in these Terms excludes non-excludable rights under Australian Consumer Law.

17. Indemnity

Users indemnify and hold harmless Nyuvo Solutions Pty Ltd and its directors, officers, employees, contractors, affiliates, licensors, and service providers against claims, liabilities, losses, penalties, regulatory action, damages, or expenses arising from:

• Unlawful uploads or disclosures
• Privacy breaches caused by user conduct
• Misleading or deceptive advertising
• Breach of Fair Trading obligations
• Misuse of AI-generated outputs
• Intellectual property infringement
• Unauthorised recording or communication
• Breach of these Terms

18. Suspension & Termination

Nyuvo may suspend, restrict, or terminate access where:

• Security risks arise
• Unlawful conduct is suspected
• Platform misuse occurs
• Regulatory exposure exists
• Users breach these Terms

Termination does not limit accrued rights, obligations, or liabilities.

19. Amendments

Nyuvo may amend these Terms from time to time.

Material changes may be notified through:

• In-app notifications
• Website updates
• Email communications
• Updated onboarding or consent screens

Continued use of the Services constitutes acceptance of updated Terms.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales.

Users submit to the exclusive jurisdiction of courts located in New South Wales, Australia.

21. Important User Disclosures

21.1 Microphone Access

Nyuvo may request access to your device microphone to enable voice notes, dictation, spoken instructions, and AI-assisted workflow features.

Microphone access is optional and may be disabled at any time through your device settings.

If microphone permissions are disabled, certain voice-enabled features may not function correctly.

Users are responsible for ensuring they have appropriate consent where recordings involve third parties.

21.2 Camera & Photo Access

Nyuvo may request access to your device camera, photo gallery, or media storage for purposes including:

• Uploading property images
• Capturing documents or media
• Profile images and branding assets
• AI-assisted content and workflow functions

Camera and photo access are optional and may be revoked through device settings at any time.

Users remain solely responsible for ensuring uploaded images, documents, branding material, and media content are lawful and authorised for use.

21.3 Artificial Intelligence Processing

Nyuvo uses artificial intelligence and machine-learning systems to assist with productivity, automation, workflow generation, reminders, recommendations, and operational assistance.

AI-generated outputs:

• Are automated and probabilistic in nature
• May contain inaccuracies or incomplete information
• Should not be relied upon without independent review
• Do not constitute legal, financial, regulatory, investment, or professional advice

Users remain fully responsible for reviewing and approving all outputs, communications, and actions before use or publication.

21.4 Data Storage & Security

User data is primarily stored using secure cloud infrastructure hosted in Australia.

Nyuvo applies commercially reasonable safeguards including encryption, monitoring, access controls, logging, and backup procedures.

Despite reasonable safeguards, no electronic system or cloud platform can be guaranteed fully secure or uninterrupted.

Users acknowledge and accept residual cybersecurity, infrastructure, connectivity, and operational risks associated with digital platforms and cloud-hosted services.

21.5 Account Deletion & Data Requests

Users may request:

• Account deletion
• Deletion of eligible data
• Access to personal information
• Correction of inaccurate information
• Withdrawal of optional permissions

Certain information may be retained where required for legal, regulatory, audit, dispute-resolution, fraud prevention, or operational continuity purposes.

Deletion requests may require identity verification before processing.

21.6 Support & Privacy Contact

For support, privacy, security, or data-related enquiries, users may contact:

Privacy & Support Team
support@nyuvo.com.au
privacy@nyuvo.com.au

Company
Nyuvo Solutions Pty Ltd

22. Contact & Complaints

Privacy Officer
privacy@nyuvo.com.au

Company
Nyuvo Solutions Pty Ltd

Jurisdiction
New South Wales