Terms of Service

Last updated 19 June 2026

These Terms of Service ("Terms") govern access to and use of the Enki Bookkeep software-as-a-service application and related services (the "Service"), provided by Enki Digital Pty Ltd, Australia ("Enki", "we", "us", "our"). By accessing or using the Service, creating an account, or accepting these Terms (whether by clicking "I agree", signing an Order Form, or using the Service), the entity or person doing so ("you", "Customer") agrees to these Terms. If you accept on behalf of an organisation, you warrant that you are authorised to bind that organisation.

These Terms incorporate by reference the Privacy Policy, the Terms of Use, the Data Security Policy, and any Order Form or written plan describing fees and scope. Together these form the entire agreement (the "Agreement"). If there is a conflict, an executed Order Form prevails over these Terms, which prevail over the other incorporated documents.

1. The Service and licence

1.1 What the Service is. Enki Bookkeep is a tool that ingests financial documents (such as bank statements, supplier invoices, and rent receipts), uses automated and AI-assisted processing to extract and suggest the coding of transactions (including GST treatment), assists with reconciliation, and generates bookkeeping records, summaries, and export files for review.

1.2 Licence. Subject to the Agreement and payment of applicable fees, Enki grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the term for your internal business purposes.

1.3 Reservation. All rights not expressly granted are reserved. The Service is provided on a subscription basis; you acquire no ownership of the Service or any software.

2. Nature of the Service — preparation, not advice (important)

2.1 Bookkeeping and data preparation only. The Service prepares and organises bookkeeping records and data. It does not provide, and must not be relied on as, tax, BAS, accounting, audit, financial, investment, or legal advice.

2.2 Enki is not your agent. Enki is not a registered tax agent or BAS agent, is not a registered company auditor, and does not hold an Australian Financial Services Licence. Enki does not lodge documents with the Australian Taxation Office or any authority on your behalf, and does not advise on your liabilities, obligations, or entitlements under any taxation law.

2.3 AI-assisted outputs are suggestions requiring verification. Outputs of the Service, including extracted figures, suggested account and GST coding, reconciliations, and generated reports, are produced by automated and AI processes that can be incomplete or incorrect. They are proposals for your review. Nothing is recorded, finalised, lodged, or relied upon until a human reviews and approves it. You are solely responsible for reviewing, verifying, and confirming all outputs before relying on them or providing them to any third party.

2.4 Your accountant remains responsible. You are responsible for engaging your own registered tax/BAS agent or accountant to review the records the Service prepares and to prepare, advise on, and lodge any statutory return (including any Business Activity Statement). Your professional adviser remains responsible for lodgement and for advice.

2.5 No outcome guaranteed. Enki does not warrant that use of the Service will result in any particular financial, tax, compliance, or business outcome, or that records will be accepted by any authority, accountant, or third party.

3. Your obligations and warranties

3.1 You will: (a) provide accurate, complete, and lawful data and documents; (b) ensure you have all rights and authority necessary to upload and process the data and documents you provide, including any personal information of third parties (such as your personnel, tenants, or suppliers); (c) review and verify all outputs before relying on them (clause 2.3); (d) maintain your own records as required by law, including independently of the Service; (e) keep account credentials secure and restrict access to authorised users; (f) use the Service in compliance with all applicable laws and the Terms of Use; and (g) promptly notify us of any unauthorised access or security concern.

3.2 You warrant that your data and documents, and our processing of them as contemplated by the Agreement, do not and will not infringe any third-party right or breach any law, and that you have made all disclosures and obtained all consents required (including under the Privacy Act 1988 (Cth)) for us and our sub-processors to process any personal information they contain.

3.3 You are responsible for all activity under your account and for your authorised users' compliance with the Agreement.

4. Automated and AI processing

4.1 The Service uses third-party AI model providers (which may change from time to time) to extract and suggest coding. We design the Service to be model-agnostic and may route processing among providers. Categories of sub-processors are described in the Privacy Policy.

4.2 All monetary calculations material to your records (including GST and totals) are computed by the Service's own logic and are subject to your review; the AI is used to read and suggest, not to be the final arithmetic authority. Despite this, errors can occur, and clause 2.3 applies.

4.3 We do not permit the AI model providers we engage to train their models on your content, and we use available zero-data-retention or equivalent protections where reasonably practicable. See the Privacy Policy and Data Security Policy.

5. Fees, billing, and taxes

5.1 You will pay the fees set out in the applicable Order Form or plan. Unless stated otherwise, fees are in Australian dollars, exclusive of GST, payable in advance, and non-refundable except as required by law.

5.2 We may change fees on reasonable prior notice effective from your next billing period. Continued use after the change takes effect constitutes acceptance.

5.3 You are responsible for any GST or other taxes on the fees (other than taxes on our income). Where GST applies, you will pay the GST-exclusive amount plus GST.

5.4 We may suspend the Service for non-payment after reasonable notice.

6. Data: ownership, use, security, and return

6.1 Your data is yours. As between the parties, you own all data and documents you submit and the records generated from them for you ("Customer Data"). You grant Enki a non-exclusive, worldwide licence to host, copy, process, transmit, and display Customer Data for the purpose of providing, maintaining, securing, and improving the Service and as otherwise permitted by the Agreement and the Privacy Policy.

6.2 Security. We maintain technical and organisational measures as described in the Data Security Policy. No method of transmission or storage is completely secure; we do not warrant absolute security (clause 10).

6.3 Privacy. Our handling of personal information is governed by the Privacy Policy and the Privacy Act 1988 (Cth).

6.4 De-identified data. We may generate and use aggregated and de-identified data derived from use of the Service (which does not identify you or any individual) to operate, secure, analyse, and improve the Service and our business. We will not re-identify such data.

6.5 Export and deletion. During the term you may export Customer Data using the Service's export features. On termination, we will, on request made within 30 days, make Customer Data available for export, after which we may delete it in accordance with the Privacy Policy and our retention schedule, subject to (a) any record-keeping obligations under taxation law (which are your responsibility to satisfy from your own exports) and (b) backups that are deleted in the ordinary cycle.

7. Third-party services

7.1 The Service may interoperate with third-party services you choose to connect (such as accounting software, payment processors, and, in future, bank-data feeds via accredited providers). Those services are governed by their own terms; we are not responsible for them, their availability, or their acts or omissions. Your use of a connected service is at your risk.

8. Intellectual property

8.1 Enki and its licensors own all intellectual property in the Service, including its software, models, prompts, configurations, templates, and documentation. The Enki and Enki Bookkeep names and logos are our trade marks.

8.2 Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation.

9. Confidentiality

9.1 Each party may receive confidential information of the other. The receiving party will use it only to perform under the Agreement and protect it with at least reasonable care, except where disclosure is required by law. Customer Data is your confidential information.

10. Warranties, disclaimers, and the Australian Consumer Law

10.1 ACL guarantees not excluded. Nothing in the Agreement excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law ("ACL")) or other law that cannot lawfully be excluded ("Non-excludable Rights").

10.2 Limitation where permitted. To the extent Enki is able to limit its liability for a breach of a Non-excludable Right (other than a guarantee as to title, undisturbed possession, or undisclosed securities), our liability is limited, at our option, to: (a) re-supplying the relevant services or supplying equivalent services; or (b) paying the cost of having them re-supplied.

10.3 "As is" to the extent permitted. Subject to clause 10.1, the Service is provided "as is" and "as available", and we exclude all warranties, representations, and conditions not expressly stated, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement. Without limitation, and subject to clause 10.1, we do not warrant that the Service will be uninterrupted, error-free, or secure, or that outputs (including AI-assisted extraction, coding, reconciliation, or reports) will be accurate, complete, or fit for any purpose.

11. Limitation of liability

11.1 Excluded loss. Subject to clause 10.1, to the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profit, revenue, goodwill, anticipated savings, business opportunity, or data, however arising.

11.2 Liability cap. Subject to clause 10.1, Enki's total aggregate liability arising out of or in connection with the Agreement and the Service, on any basis (including contract, tort/negligence, statute, or otherwise), is limited to the total fees paid by you to Enki for the Service in the 12 months immediately before the event giving rise to the liability (or, where no fees were payable, AUD 100).

11.3 Specific exclusions. Subject to clause 10.1, and without limiting the above, Enki is not liable for loss to the extent caused by or arising from: (a) your reliance on any output without the review and verification required by clause 2.3; (b) any tax, BAS, accounting, financial, or compliance position, lodgement, penalty, interest, or decision; (c) inaccurate, incomplete, unlawful, or late data or documents provided by you; (d) your or your advisers' acts or omissions; (e) any third-party or connected service (clause 7); (f) unauthorised access not caused by our breach of clause 6.2; or (g) use of the Service other than in accordance with the Agreement.

11.4 The limitations and exclusions in clauses 10 and 11 reflect the allocation of risk between the parties, apply even if a remedy fails of its essential purpose, and survive termination.

12. Indemnity

12.1 To the maximum extent permitted by law, you indemnify Enki and its personnel against all loss, liability, cost, and expense (including reasonable legal costs) arising out of or in connection with: (a) your breach of the Agreement (including the Terms of Use); (b) your data or documents, or our processing of them as contemplated by the Agreement, infringing a third-party right or breaching a law (including privacy law); (c) your reliance on outputs without verification; or (d) a third-party claim arising from your use of the Service. We will notify you of the claim, let you control the defence (with our reasonable cooperation at your cost), and not settle in a way that imposes a non-indemnified obligation on us without your consent. This clause is subject to your Non-excludable Rights and is reduced to the extent our negligence or breach caused the loss.

13. Term, suspension, and termination

13.1 The Agreement starts on your first acceptance or use and continues for the subscription term, renewing as stated in the Order Form until terminated.

13.2 Either party may terminate for the other's material breach not remedied within 14 days of notice. Either party may terminate for convenience on 30 days' notice, effective at the end of the then-current billing period (fees already paid are non-refundable except as required by law).

13.3 We may suspend or limit the Service immediately where reasonably necessary to address a security risk, a suspected breach of the Agreement, a legal requirement, or non-payment, using reasonable efforts to notify you.

13.4 On termination, the licence in clause 1.2 ends, you must stop using the Service, and clause 6.5 governs export and deletion. Clauses intended to survive (including 2, 6.4, 8–12, 11, 14, and this clause) survive.

14. Changes, notices, and general

14.1 Changes to the Service. We may modify, add to, or discontinue features of the Service, using reasonable efforts not to materially reduce core functionality during a paid term.

14.2 Changes to the Terms. We may update these Terms and the incorporated documents from time to time, including to reflect changes in the Service or the law. We will post the updated version and, for material changes, give reasonable notice (for example by email or in-app). Changes take effect on the stated date; continued use after that date constitutes acceptance. If you do not agree, you may terminate under clause 13.2.

14.3 Notices. Notices to you may be given by email to your account address or in-app. Notices to us must be sent to hello@enkidigital.solutions.

14.4 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, excluding payment obligations.

14.5 Assignment. You may not assign the Agreement without our consent. We may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets.

14.6 Relationship. The parties are independent contractors; nothing creates a partnership, agency, employment, or fiduciary relationship.

14.7 Severance and waiver. If a provision is unenforceable, it is read down or severed to the minimum extent necessary and the rest continues. A failure to enforce a right is not a waiver.

14.8 Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions.

14.9 Governing law. The Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth, without prejudice to any Non-excludable Right to bring proceedings elsewhere.

14.10 Disputes. Before commencing proceedings (other than for urgent interlocutory relief), the parties will attempt in good faith to resolve any dispute by negotiation, escalating to senior representatives, within 21 days of written notice of the dispute.