Terms & Conditions

These Terms and Conditions (“Terms”) govern access to and use of Starkien’s products, platforms, and services, including but not limited to TheOS and Plato (collectively, the “Platform”), provided by Starkien Pty Ltd (“Starkien”, “we”, “our”, or “us”).

By accessing or using the Platform, you (“Customer”, “you”, or “your”) agree to be bound by these Terms.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Nature of the Platform

Starkien provides an enterprise-grade, AI-native operating system and control plane designed to unify applications, automation, and intelligence within a governed environment.

The Platform is intended solely for business and enterprise use.

It is not designed for personal, consumer, or recreational purposes.

2. Eligibility and Authorized Use

You may use the Platform only if:

• You are acting on behalf of a legal entity, business, or organization
• You have authority to bind such entity to these Terms
• Your use complies with all applicable laws and regulations

Unauthorized, consumer, or personal use is expressly prohibited unless explicitly agreed in writing.

3. License Grant

Subject to these Terms and any applicable Order Form or Agreement, Starkien grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for internal business purposes during the applicable subscription term.

No rights are granted except as expressly stated.

4. Restrictions

You shall not, directly or indirectly:

• Reverse engineer, decompile, or disassemble the Platform
• Circumvent security, access controls, or governance mechanisms
• Use the Platform to build or operate competing systems
• Resell, sublicense, or commercially exploit the Platform without authorization
• Introduce malicious code or attempt unauthorized access
• Use the Platform in violation of laws, regulations, or third-party rights

5. AI and Automation Responsibility

The Platform may include AI-driven features, automation, and agent-based systems.

You acknowledge and agree that:

• AI outputs are assistive, not authoritative
• You remain responsible for decisions, actions, and outcomes
• Starkien does not guarantee accuracy, completeness, or suitability of AI-generated outputs
• You are responsible for configuring governance, permissions, and safeguards

The Platform provides control mechanisms, but final accountability remains with the Customer.

6. Governance and Control Plane

Starkien’s Platform includes governance, permissioning, and control-plane capabilities.

You are responsible for:

• Defining roles, permissions, and access policies
• Monitoring and approving automated or AI-driven actions
• Ensuring internal compliance with your own policies and regulations

Starkien is not responsible for misconfiguration or misuse of governance controls.

7. Data Ownership and Use

7.1 Customer Data

You retain all rights, title, and interest in your data, content, and materials processed through the Platform (“Customer Data”).

7.2 Platform Data

Starkien retains all rights to the Platform, system metadata, operational telemetry, and anonymized usage analytics.

7.3 Data Processing

Starkien processes Customer Data solely to provide and improve the Platform, in accordance with applicable data protection laws and any agreed Data Processing Agreement (DPA).

8. Security

Starkien implements commercially reasonable technical and organizational measures designed to protect the Platform.

However, you acknowledge that:

• No system is completely secure
• You are responsible for endpoint security, credentials, and access management
• Starkien is not liable for breaches resulting from Customer-side failures

9. Intellectual Property

All intellectual property rights in and to the Platform, including software, architecture, workflows, designs, trademarks, and documentation, are owned exclusively by Starkien or its licensors.

Nothing in these Terms transfers ownership rights.

10. Confidentiality

Each party agrees to protect the other party’s confidential information using reasonable care and to use such information solely for purposes permitted under these Terms.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

11. Third-Party Services

The Platform may integrate or interoperate with third-party services.

Starkien is not responsible for:

• Third-party service availability or performance
• Third-party data practices
• Changes, failures, or discontinuation of third-party services

Your use of third-party services is governed by their respective terms.

12. Fees and Payment

Fees, billing terms, and payment schedules are defined in the applicable Order Form or Agreement.

Failure to pay may result in suspension or termination of access.

All fees are non-refundable unless expressly stated otherwise.

13. Suspension and Termination

Starkien may suspend or terminate access if:

• You breach these Terms
• Your use poses security, legal, or operational risk
• Required payments are overdue

Upon termination, your access to the Platform will cease, subject to any agreed data export provisions.

14. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARKIEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• STARKIEN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• STARKIEN’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

16. Indemnification

You agree to indemnify and hold harmless Starkien from claims arising out of:

• Your misuse of the Platform
• Your violation of laws or third-party rights
• Your configuration or deployment of AI or automation systems

17. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards, including those relating to data protection, AI governance, and export controls.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.

19. Changes to These Terms

Starkien may update these Terms from time to time.

Material changes will be communicated through the Platform or via notice.

Continued use constitutes acceptance of the updated Terms.