Legal
Terms of Use
Last updated: July 2026
In these terms
- 1. Who We Are and Acceptance of These Terms
- 2. Description of Services
- 3. Not Legal Advice
- 4. You Remain the Reporting Entity
- 5. Accounts and Registration
- 6. Subscription and Payment
- 7. Refunds and Australian Consumer Law
- 8. Intellectual Property
- 9. Prohibited Uses
- 10. AI-Generated Content
- 11. SMR Confidentiality and Tipping Off
- 12. Your Data on Cancellation and Exit
- 13. Regulatory Cooperation
- 14. Service Availability
- 15. Regulatory Change
- 16. Disclaimer of Warranties
- 17. Limitation of Liability
- 18. Suspension and Termination
- 19. Changes to These Terms
- 20. General
- 21. Governing Law
- 22. Contact
1. Who We Are and Acceptance of These Terms
1.1 Who we are. Klyvon is an AUSTRAC compliance software platform operated from Melbourne, Victoria, Australia ("Klyvon", "we", "us").
1.2 Acceptance. By accessing or using the Klyvon website (klyvon.com.au) and services ("Services"), you agree to be bound by these Terms of Use ("Terms"). If you are accessing the Services on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.
1.3 If you do not agree. If you do not agree to these Terms, you must not use our Services.
2. Description of Services
Klyvon provides compliance tools and resources to assist Australian businesses in understanding and meeting their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), as amended ("AML/CTF Act"), and the AML/CTF Rules.
Our Services include:
- Free scope-checking tools and compliance checklists
- AI-assisted AML/CTF Program document generation (Klyvon Essential)
- Client due diligence records and staff training tools
- AUSTRAC enrolment guides and compliance calendar tools
- Suspicious matter report (SMR) drafting assistance and filing guidance
3. Not Legal Advice
Klyvon is not a law firm and does not provide legal advice. Our Services provide general compliance guidance, document templates, and educational information only. Nothing in our Services constitutes legal advice, and no lawyer-client relationship is created through your use of our platform.
You should not rely on our Services as a substitute for professional legal, compliance, or financial advice tailored to your specific circumstances. We strongly recommend you consult a qualified lawyer or compliance professional if you have specific questions about your legal obligations.
Klyvon's documents, templates, and guidance are intended as starting points to assist practitioners. They may need to be adapted to your specific business circumstances, risk profile, and applicable regulations.
4. You Remain the Reporting Entity
Using Klyvon does not transfer, reduce, or discharge any obligation you have under the AML/CTF Act. You acknowledge that:
- If your business is a reporting entity, it remains solely responsible for its compliance with the AML/CTF Act and the AML/CTF Rules
- Using software — including Klyvon — does not of itself guarantee compliance
- The AML/CTF Act's governance obligations remain yours, including your governing body's oversight of money laundering and terrorism financing risk and the requirement to have an AML/CTF compliance officer (sections 26H and 26J–26M of the AML/CTF Act)
- You are responsible for reviewing every document, draft, and guidance output before adopting or submitting it, and for meeting all AUSTRAC reporting deadlines
- You are responsible for the accuracy and completeness of the information you enter into the platform
5. Accounts and Registration
To access paid features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Notify us immediately of any unauthorised access to your account
- Take responsibility for all activities that occur under your account
You must be at least 18 years of age to create an account. Accounts created for business use must be registered by an authorised representative.
6. Subscription and Payment
6.1 Paid plans. Klyvon Essential is available on a month-to-month subscription basis. Prices are as displayed on our Pricing page and are in Australian Dollars (AUD), exclusive of GST. GST will be added at checkout where applicable.
6.2 Billing. You authorise us to charge your nominated payment method on a recurring monthly basis until you cancel. Billing occurs on the same date each month from the date of your initial subscription.
6.3 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period and your account reverts to the Free plan (see Section 12 for what happens to your data). We do not provide pro-rata refunds for partial months, except where required by law.
6.4 Price changes. We will provide at least 30 days' notice of any price increase before it takes effect on your account. If you do not accept the increase, you may cancel before it takes effect.
7. Refunds and Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
If you believe our Services have not met these guarantees, please contact us at support@klyvon.com.au. We will assess your request promptly.
Outside of statutory rights, we do not offer refunds for change of mind or if you have started downloading or generating documents.
8. Intellectual Property
8.1 Klyvon's IP. All intellectual property in the Klyvon platform, including software, design, content, templates, and documentation, is owned by or licensed to Klyvon. You may not copy, reproduce, distribute, or create derivative works from our platform content without our express written permission.
8.2 Your documents. You own the completed documents generated for your use through our platform. Klyvon retains ownership of the underlying software, templates, prompts, workflows, and platform, including the document structures and standard wording they produce — your ownership of a generated document does not transfer any rights in those underlying materials.
8.3 Feedback. If you provide feedback or suggestions about our Services, you grant us a non-exclusive, royalty-free, perpetual licence to use that feedback for any purpose without restriction or compensation.
9. Prohibited Uses
You must not use our Services to:
- Violate any applicable law or regulation
- Provide false or misleading information
- Attempt to gain unauthorised access to any part of our platform or systems
- Distribute malware, viruses, or other harmful code
- Scrape, harvest, or systematically extract data from our platform
- Resell, sublicence, or commercially exploit our Services without our written consent
- Use our Services to create compliance documents for third parties on a commercial basis (i.e., as a compliance consultant), unless expressly authorised by us
10. AI-Generated Content
Some features of Klyvon use artificial intelligence to assist in generating document content and compliance guidance. You acknowledge that:
- AI-generated content may contain errors, omissions, or inaccuracies
- You are responsible for reviewing all generated documents before using them
- AI-generated documents may require adaptation to your specific circumstances
- Klyvon does not warrant that AI-generated content is complete, accurate, or fit for any particular purpose
We recommend you have a qualified compliance professional review any AML/CTF Program document before submitting it to AUSTRAC or relying on it operationally.
11. SMR Confidentiality and Tipping Off
The AML/CTF Act makes it a criminal offence (section 123 — "tipping off") to disclose suspicious matter report information where the disclosure would or could reasonably be expected to prejudice an investigation.
11.1 Your responsibilities. You are responsible for ensuring that your use of the platform — including who in your firm can access SMR drafts and related records — complies with section 123. You must not use the platform to disclose SMR information to any person in a way that could prejudice an investigation.
11.2 Our controls. Klyvon restricts access to your records to your authenticated account, maintains audit logs of actions on client records, and stores data securely. We do not access your SMR drafts except as needed to operate the Services or as required by law.
11.3 Staff awareness. You are responsible for ensuring your staff who use the platform understand their tipping-off obligations. Klyvon's training materials can assist but do not replace your own controls.
12. Your Data on Cancellation and Exit
12.1 After cancellation. When your Essential subscription ends, your account automatically reverts to the Free plan. Your existing records — including client CDD records and generated documents — remain accessible for viewing under the Free plan. Free plan limits apply to adding new records, and PDF exports require an Essential subscription except as described in clause 12.2.
12.2 Exporting. You may download your generated documents and record exports at any time while your Essential subscription is active, and for 30 days after your Essential subscription ends. We recommend exporting your documents within that window if you require offline PDF copies.
12.3 Statutory retention. Client CDD records are retained in accordance with the AML/CTF Act's record-keeping obligations (section 111 — at least 7 years after the relevant business relationship ends). Records are archived rather than permanently deleted within that window. Your firm remains responsible for its own record-keeping obligations, including maintaining any independent backups your obligations require.
12.4 Account deletion. You may request deletion of your account by contacting support@klyvon.com.au. We will action verified requests within 30 days, except for records we must retain by law.
13. Regulatory Cooperation
AUSTRAC and other authorities have statutory powers to require the production of information and documents. You acknowledge that Klyvon may disclose data where required by law, including in response to a lawful notice, warrant, or court order. Where lawful and practicable, we will notify you of any such request relating to your data.
14. Service Availability
We use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, updates, or events outside our control.
Your regulatory deadlines remain your responsibility regardless of platform availability. You should maintain alternative means of meeting AUSTRAC reporting deadlines (such as reporting directly through AUSTRAC Online) in the event of a service disruption.
15. Regulatory Change
AML/CTF laws, Rules, and AUSTRAC guidance change over time. We work to keep our content and tools current, but we do not guarantee that updates will be immediate or comprehensive. You are responsible for keeping your compliance program up to date with the law as it applies to you.
16. Disclaimer of Warranties
To the maximum extent permitted by law, Klyvon provides the Services on an "as is" and "as available" basis, without warranties of any kind, express or implied. We do not warrant that:
- The Services will be uninterrupted, error-free, or secure
- The information provided is accurate, complete, current, or suitable for your specific legal obligations
- Documents generated through the Services will satisfy AUSTRAC's compliance requirements in your specific circumstances
Nothing in this section excludes rights under the Australian Consumer Law that cannot be excluded (see Section 7).
17. Limitation of Liability
To the maximum extent permitted by law, Klyvon's total liability to you for any claim arising out of or in connection with these Terms or our Services is limited to the greater of:
- The amount you paid to Klyvon in the 12 months prior to the event giving rise to the claim, or
- AUD $200
Klyvon is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, regulatory fines, or business interruption, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes, restricts, or modifies any liability that cannot lawfully be excluded, restricted, or modified, including liability under the Australian Consumer Law. The limitations in this section apply only to the extent permitted by law.
18. Suspension and Termination
18.1 By you. You may stop using the Services and cancel your subscription at any time (Section 6.3), and may request account deletion (Section 12.4).
18.2 By us — with notice. We may suspend or terminate your access for a breach of these Terms that is capable of remedy if you fail to remedy it within 14 days of our written notice.
18.3 By us — immediately. We may suspend or terminate access immediately and without notice where reasonably necessary: for unlawful use of the Services, a serious security threat, or a breach incapable of remedy. For non-payment, we will suspend access only after you have been notified of the failed payment and given a reasonable opportunity to update your payment details.
18.4 Effect. On termination, your right to use the Services ceases. Section 12 governs what happens to your data. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, SMR confidentiality, and governing law) survive.
19. Changes to These Terms
19.1 Material changes. We will give you at least 30 days' notice of material changes to these Terms by email to your registered address before they take effect. If you do not agree to a material change, you may cancel your subscription before the change takes effect.
19.2 Minor changes. We may make minor changes (such as clarifications or typo fixes) by updating this page. The date at the top of this page reflects the most recent update. Where a change is required by law, we will make it as the law requires; if such a change is material, we will still notify you by email in advance where practicable.
19.3 Continued use. Continued use of the Services after a change takes effect, following the notice described above, constitutes acceptance of the revised Terms.
20. General
20.1 Privacy. Your use of our Services is also governed by our Privacy Policy, available at klyvon.com.au/privacy-policy.
20.2 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, telecommunications or cloud provider outages, cyber incidents affecting infrastructure providers, and government actions.
20.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions continue in full force.
20.4 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Klyvon in relation to the Services.
20.5 Waiver. A failure to exercise a right under these Terms does not waive that right.
20.6 Assignment. You may not assign your rights under these Terms without our written consent. We may assign these Terms to a successor of our business with notice to you, provided the successor is bound by these Terms (including Section 12) and the commitments in our Privacy Policy. If you do not wish to continue with the successor, you may cancel at any time under Section 6.3.
21. Governing Law
These Terms are governed by the laws of Victoria, Australia. You and Klyvon submit to the non-exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these Terms or our Services.
Nothing in this clause prevents either party from seeking urgent injunctive relief from any competent court.
22. Contact
If you have any questions about these Terms, please contact us:
Email: legal@klyvon.com.au Mail: Klyvon, Melbourne VIC, Australia
These Terms were last updated in July 2026.
Questions about these Terms? Email us at legal@klyvon.com.au