Qwilr

Summary

The provided diff does not include the actual contractual language. It only states:

> “Added approximately 164 words to the document”

Because the additions, deletions, and replacements are not shown, it is not possible to reliably identify:

• Changes to the parties’ rights or obligations
• New liability, indemnity, confidentiality, or termination risks
• Changes to ownership or licensing of customer data
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Whether data may be shared with affiliates, vendors, or third-party AI providers
• Any opt-out, consent, deletion, retention, or security provisions
• Whether de-identified, aggregated, or derived data may still be used for AI training

AI-Training Review

No conclusion can be reached about AI-model training from the information provided. The 164 added words could potentially introduce important permissions, including the right to use customer content, prompts, outputs, telemetry, or other data to train or improve models, but the actual wording is necessary to assess this.

Particular language to look for includes:

• “Train,” “fine-tune,” “improve,” “develop,” or “evaluate” models
• “Customer data,” “content,” “inputs,” “outputs,” or “usage data”
• Rights to use data in “de-identified,” “aggregated,” or “anonymized” form
• Sharing data with “service providers,” “subprocessors,” or AI vendors
• Customer consent or an opt-out mechanism
• Data deletion, retention, and security commitments
• Ownership of model improvements, embeddings, or other derived materials

Information Needed

Please provide the full marked-up diff, including the text inside {}, [], and []{}. Once provided, the changes can be analyzed clause by clause, with specific identification of new legal and AI-training risks.

Key Changes and Legal Risks

1. Customer data and AI/model training

• The revised data-use clause expressly permits Qwilr to use “Your Data” to:
• provide and perform the Services;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform analytics; and
• develop other services, provided Qwilr de-identifies Your Data.
• The wording does not expressly mention artificial intelligence, machine learning, model training, or generative AI. However, “enhance,” “analytics,” and particularly “develop other services” could potentially be broad enough to cover training or improving AI models.
• “De-identify” is not defined in the excerpt. The agreement does not state:
• what de-identification standard applies;
• whether data may be aggregated or combined with other customers’ data;
• whether re-identification is prohibited;
• whether prompts, outputs, metadata, usage data, or uploaded documents are included; or
• whether data is shared with AI or other third-party providers.
• The Privacy Policy is incorporated by reference. This creates a risk that important AI/data-use permissions may appear outside the Terms and may be changed separately.
• Qwilr may anonymise or permanently delete Your Data after one month following termination. Customers may request deletion, but this is subject to applicable law and technical feasibility. Customers should confirm whether deletion includes backups, derived data, analytics, and trained models.
• Recommended clarification: obtain an express statement that customer content will not be used to train, fine-tune, or improve general-purpose AI models without prior written consent, or specify precisely what model-development uses are permitted.

2. Subscription and payment

• Subscriptions may have a minimum term and automatically roll over on an ongoing basis.
• Fees are stated to be non-refundable to the maximum extent permitted by law.
• Customers are responsible for Authorised Users’ conduct.
• Fee changes generally require 14 days’ notice; some service changes require 30 days’ notice.

3. Liability and data-loss exposure

• Qwilr’s aggregate liability is capped at fees paid during the preceding 12 months.
• Consequential loss is excluded, and the exclusion now expressly includes losses resulting from a particular account type, third-party service, loss, or data corruption.
• Customers are responsible for their own document-management and backup systems; Qwilr disclaims liability for loss or deletion of stored data.
• These limits may substantially restrict remedies for confidentiality breaches, AI-related misuse, service failures, and data loss, subject to Australian Consumer Law.

4. Other material changes

• Corporate Terms prevail over these Terms where inconsistent, but must be mutually agreed in writing.
• Qwilr may amend the Terms on 30 days’ notice. Customers may terminate without penalty within that period; continued use after the notice period constitutes acceptance.
• Customers using the Platform for a business must warrant authority to bind the business and its personnel.
• Qwilr may receive referral fees or commissions from certain third-party links or featured products.

Key Changes and Risks

1. Customer data and AI/model training

• The data-use clause now expressly permits Qwilr to use customer data to:
• provide and operate the Platform;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform “Analytics”; and
• develop other services, provided Qwilr de-identifies Your Data.
• The revised wording does not expressly say that customer data may be used to train AI models, nor does it define “Analytics,” “de-identify,” or “other services.”
• Nevertheless, the permission to develop other services using de-identified data could potentially include creating, improving, or training AI systems, depending on how Qwilr interprets those terms.
• There is no apparent commitment that:
• de-identification will be irreversible or independently verified;
• customer data will be excluded from general-purpose or third-party AI training;
• derived data, embeddings, prompts, outputs, or model weights will be deleted on termination; or
• customers can opt out of this use.
• Customers handling confidential, personal, regulated, or commercially sensitive information should seek clarification or a written restriction expressly prohibiting AI/model training unless separately authorised.

2. Subscription and termination

• New disclosures state that a subscription may have a minimum term.
• Subscriptions automatically roll over on an ongoing basis unless suspended or terminated under the Terms.
• Fees are stated to be non-refundable to the maximum extent permitted by law.
• Customers may terminate without penalty for disagreement with amended Terms, but only by giving written notice within 30 days of receiving the amendment notice.
• Continuing to use the service after that period is deemed acceptance.
• This may make cancellation and pricing or terms changes less flexible for customers.

3. Liability and data-loss exposure

• Qwilr’s liability is now generally capped at the Fees paid during the 12 months preceding the relevant event.
• The revised exclusions cover consequential loss and losses including loss or corruption of data.
• Customers are told to maintain their own document-management and backup systems, and Qwilr disclaims liability for loss or deletion of Platform data.
• On termination, Qwilr may anonymise or permanently delete data after one month; deletion requests are subject to legal requirements and technical feasibility.

4. Unilateral amendments

• Qwilr may amend the Terms at any time by giving 30 days’ written notice.
• The prior mechanism appears to have allowed termination without penalty following notice; the revised structure requires the customer to actively terminate within the 30-day period or be deemed to accept the changes.

5. Other material changes

• Corporate Terms must be mutually agreed in writing and prevail over these Terms where inconsistent.
• Users acting for a business expressly warrant authority to bind the business and its personnel.
• Third-party services and access to Documents are expressly included in the Services.
• Qwilr may receive referral fees or commissions from third-party websites or featured products.
• The minimum user age remains 16.

Summary

The supplied diff does not include the actual amended language. It only states:

> “Added approximately 164 words to the document”

Accordingly, it is not possible to identify the legal changes, assess new risks, or determine whether the customer’s data may be used to train AI models.

AI Training and Data Use

No specific language is provided concerning:

• Use of customer data to train, fine-tune, or evaluate AI models;
• Whether customer data may be used for product or service improvement;
• Whether prompts, inputs, outputs, personal data, or confidential information are retained;
• Whether data is shared with third-party model providers;
• Whether the customer can opt out of AI training or secondary use;
• Ownership or licensing rights in customer data, inputs, or outputs; or
• Security, deletion, confidentiality, or anonymization obligations.

Risk Assessment

Because the added 164 words are not shown, the following potentially important risks cannot be evaluated:

• Broad permission to use customer data for commercial or model-training purposes;
• Use of data after termination of the agreement;
• Lack of meaningful opt-out rights;
• Indefinite retention or reuse of data;
• Disclosure to affiliates, subprocessors, or third-party AI providers;
• Reduced confidentiality protections; and
• Ambiguity regarding ownership of model improvements or AI-generated outputs.

Required Information

Please provide the actual text of the additions and deletions, using the stated notation:

• Additions: {new language}
• Deletions: [deleted language]
• Replacements: [old language]{new language}

Without the underlying wording, no reliable legal comparison can be performed.

Summary

The provided diff does not include the actual contractual language that was added, deleted, or replaced. It only states:

> “Added approximately 164 words to the document”

Accordingly, it is not possible to assess the legal effect of the changes.

AI Training and Customer Data

The diff does not identify whether the customer’s data may be:

• Used to train, fine-tune, or improve artificial intelligence or machine-learning models;
• Used to generate aggregated, de-identified, or anonymized datasets;
• Reviewed by the provider or its service providers for model development or quality assurance;
• Retained after termination for AI-training purposes;
• Shared with third-party AI providers; or
• Excluded from training by default or only excluded if the customer opts out.

No conclusion can be drawn about whether customer data, prompts, outputs, personal information, confidential information, or usage metadata may be used for these purposes.

Other Legal Risks

Because the substantive additions and deletions are missing, the following issues also cannot be evaluated:

• Changes to data ownership or licensing rights;
• Confidentiality obligations;
• Security and breach-notification requirements;
• Data retention and deletion;
• Subprocessor or third-party access;
• Warranties, indemnities, and liability limits;
• Compliance with privacy and data-protection laws; and
• Termination rights or post-termination data use.

Required Information

To perform a meaningful legal analysis, the actual redlined text must be provided, including the words inside {}, [], and []{}.

Key Changes and Risks

1. Customer data and AI model training

• The revised data-use clause continues to permit Qwilr to use “Your Data” to:
• provide the Platform;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform analytics; and
• develop other services, provided Qwilr de-identifies Your Data.
• The diff does not expressly state whether customer data may be used to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
• The reference to developing “other services” and enhancing the Platform is broad. Depending on how Qwilr interprets “de-identify,” it could potentially include using de-identified customer content for AI development or model training.
• There is no detailed definition of:
• “de-identify”;
• whether de-identification is irreversible;
• whether prompts, outputs, metadata, or usage analytics are included;
• whether third-party AI providers may receive the data; or
• whether customers can opt out of AI-related use.
• The terms add or retain an AI-content disclaimer: customers are responsible for reviewing and approving AI-generated content, and Qwilr gives no warranty regarding its accuracy or suitability. This shifts operational and legal risk from Qwilr to the customer.
• Recommended clarification: obtain an express statement that customer data, prompts, documents, and outputs will not be used to train general-purpose AI models, unless the customer gives affirmative consent. Alternatively, require strict purpose limitation, anonymisation standards, subprocessors controls, deletion rights, and an opt-out.

2. Subscription and payment obligations

• Subscriptions may have a minimum term and automatically roll over on an ongoing basis unless suspended or terminated.
• Fees are stated to be non-refundable to the maximum extent permitted by law.
• Fee changes may take effect after 14 days’ notice; changes to some services may take effect after 30 days.
• These provisions may increase renewal and budgeting risk, particularly where cancellation deadlines apply.

3. Liability and data-loss risk

• Qwilr’s liability is limited to fees paid during the preceding 12 months.
• Consequential loss, loss of data, data corruption, and certain third-party or customer-environment losses are excluded.
• Customers are responsible for their own document-management and backup systems, and Qwilr disclaims liability for loss or deletion of stored data.
• Following termination, Qwilr may anonymise or permanently delete customer data after one month, subject to legal and technical feasibility.

4. Contract administration and customer responsibilities

• Corporate Terms prevail over the standard Terms where inconsistent, but must be mutually agreed in writing.
• Users acting for a business now personally represent and warrant that they are authorised to bind the business and its personnel.
• Qwilr may amend the Terms on 30 days’ notice. Customers may terminate without penalty within that period; continued use constitutes acceptance.

5. Other material changes

• The Services description is expanded to include third-party access to Documents, online links, analytics, and interaction with Documents in connected Accounts.
• Qwilr may receive referral fees or commissions from third-party websites or featured products.
• Prohibited-use provisions are reorganised and expressly prohibit data mining, robots, screen scraping, and similar extraction tools.

Summary of Important Changes

1. Customer data and AI/model training

• The revised data-use clause permits Qwilr to use “Your Data” to:
• provide the Platform and perform its obligations;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform analytics; and
• develop other services, provided Qwilr de-identifies Your Data.
• The diff does not expressly say that customer data may be used to train AI or machine-learning models. However, “enhance and otherwise modify the Platform,” “perform Analytics,” and “develop other services” are broad enough that they could potentially include model development or training, particularly where data is de-identified.
• The clause does not define:
• what “de-identify” means;
• whether re-identification is prohibited;
• whether prompts, outputs, documents, metadata, usage data, or derived data are included;
• whether third-party AI providers may receive the data; or
• whether customers can opt out.
• Risk: confidential or commercially sensitive information might be processed for analytics, product development, or potentially AI training without a clear customer consent mechanism or specific safeguards. The Privacy Policy may contain additional terms and should be reviewed alongside the Terms.

2. Subscription and payment obligations

• New disclosures state that subscriptions may have a minimum term and may automatically roll over on an ongoing basis.
• Cancellation may only be available at the end of the minimum term, subject to the Account terms.
• Fees are stated to be non-refundable to the maximum extent permitted by law.
• These provisions may increase the customer’s payment commitment and make early termination more difficult, although Australian Consumer Law rights are expressly preserved.

3. Liability and data-loss exposure

• Qwilr’s aggregate liability is limited to the Fees paid in the preceding 12 months.
• Qwilr excludes liability for consequential loss and specifically adds losses involving:
• loss or corruption of data; and
• Third Party Services.
• Customers are advised to maintain their own document-management and backup systems, and Qwilr disclaims liability for loss or deletion of Platform data.
• Risk: the customer may bear most financial and operational consequences of data loss, service failures, third-party tools, or AI-generated content errors.

4. Term changes and termination

• Qwilr may amend the Terms with 30 days’ written notice.
• Customers may terminate without penalty within 30 days of receiving amendment notice; otherwise continued use is deemed acceptance.
• After termination, Qwilr may anonymise or permanently delete data after one month, subject to legal requirements and technical feasibility.

5. Other notable changes

• The contracting entity is identified as Qwilr Operating Company Australia Pty Ltd.
• Corporate Terms prevail over the standard Terms where inconsistent, but must be mutually agreed in writing.
• Users acting for a business now expressly represent and warrant their authority to bind the business and its personnel.
• Usage restrictions are expanded to cover data mining, robots, scraping, extraction tools, and assisting third parties with those activities.

Summary

The supplied diff does not include the actual amended contract language. It only states:

> “Added approximately 164 words to the document”

Accordingly, it is not possible to determine:

• What contractual provisions changed;
• Whether any rights, obligations, limitations, or remedies were added;
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether data may be shared with affiliates, vendors, or other third parties;
• Whether new consent, retention, confidentiality, security, or deletion terms apply; or
• Whether the customer bears additional legal, financial, or compliance risk.

AI-Training Review

No conclusions can be drawn regarding AI-model training because the added wording itself is not provided. The relevant language should be reviewed for terms such as:

• “train,” “fine-tune,” “develop,” “improve,” or “enhance” models or services;
• “machine learning,” “artificial intelligence,” or “generative AI”;
• use of “customer data,” “content,” “inputs,” “outputs,” metadata, or usage data;
• rights granted on a perpetual, irrevocable, worldwide, royalty-free, or sublicensable basis;
• whether data is aggregated, de-identified, anonymized, or used in identifiable form;
• opt-out, consent, deletion, retention, and confidentiality protections; and
• whether the provider may use data after termination.

Needed Information

Please provide the actual redline text, using the stated notation:

• {added text}
• [deleted text]
• []{replacement text}

Without the substantive diff, any assessment of legal significance or AI-training risks would be speculative.

Summary

The provided diff does not include the actual contract language that was added, deleted, or replaced. It only states:

> “Added approximately 164 words to the document”

Accordingly, the legal effect of the changes cannot be assessed.

AI Training and Customer Data

• No specific language is provided addressing:
• Whether customer data may be used to train, fine-tune, or improve AI models;
• Whether prompts, inputs, outputs, usage data, or personal information may be retained;
• Whether customer data may be shared with affiliates, vendors, or model providers;
• Whether data is anonymized, aggregated, or de-identified before use;
• Whether the customer can opt out of AI training;
• Whether customer data is deleted after processing; or
• Whether the provider receives rights to use customer content beyond providing the services.

Because the added wording is unavailable, it is not possible to determine whether the contract introduces new permissions to use customer data for AI training or creates related privacy, confidentiality, intellectual-property, or regulatory risks.

Recommended Next Step

Provide the full redline text, including the 164 added words and any associated deletions or replacements. The actual language is necessary to identify the precise changes, obligations, and risks.

Key Changes and Risks

1. Customer data and AI-model training

• The data-use clause now expressly permits Qwilr to use “Your Data” to:
• provide the Platform and perform its contractual obligations;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform Analytics; and
• develop other services, provided Qwilr de-identifies Your Data.

• The diff does not expressly state that customer data may be used to train, fine-tune, or improve AI models. However, the permission to “enhance” the Platform and “develop other services” using de-identified data is broad enough that it could potentially include AI development or model training, depending on how “de-identify” and “Analytics” are defined elsewhere.

• The clause does not appear to:
• require customer consent for AI training;
• give customers an opt-out;
• restrict use of prompts, outputs, documents, or metadata for model development;
• specify whether data is used by Qwilr or third-party AI providers;
• define the de-identification standard or prohibit re-identification; or
• provide audit, deletion, or verification rights relating to AI use.

Risk: Sensitive or commercially confidential information could potentially be incorporated into analytics, product-development datasets, or AI systems after de-identification. Review the Privacy Policy and any AI-specific terms before accepting this wording. Customers requiring a strict “no training” position should seek an express contractual restriction.

2. Subscription and cancellation

• Subscriptions may have a minimum term and automatically roll over on an ongoing basis.
• Cancellation is generally available only at the end of the minimum term, subject to the cancellation clause.
• Fees are stated to be non-refundable to the maximum extent permitted by law.

Risk: Customers may incur renewal charges or remain committed for longer than expected.

3. Liability and data-loss exposure

• Qwilr’s liability is capped at the Fees paid during the 12 months preceding the relevant event.
• Qwilr excludes liability for Consequential Loss and losses resulting from third-party services, customer systems, customer conduct, and events outside Qwilr’s control.
• Customers are responsible for maintaining their own document-management and backup systems, and Qwilr disclaims liability for loss or deletion of data.
• Following termination, Qwilr may anonymise or permanently delete data after one month; deletion requests are subject to legal and technical feasibility.

Risk: Recovery for data loss, confidentiality breaches, AI-related misuse, or service failures may be materially limited.

4. Unilateral amendments

• Qwilr may amend the Terms at any time with 30 days’ written notice.
• Customers may terminate without penalty within 30 days of receiving notice; continued use constitutes acceptance.

Risk: Important data-use, AI, pricing, or liability terms may change unless the customer monitors notices and terminates promptly.

5. Other notable changes

• Corporate Terms prevail over these Terms only if mutually agreed in writing.
• Business users warrant authority to bind their employer and its personnel.
• Qwilr discloses possible referral fees or commissions involving third-party websites or featured products.
• Prohibited-use provisions are reorganised and expressly prohibit data mining, scraping, and similar extraction tools.

Key Changes and Risks

1. Use of Customer Data and AI Training

• The data-use clause now expressly permits Qwilr to use customer data to:
• provide and operate the Platform;
• diagnose problems;
• maintain Platform security and integrity;
• enhance or modify the Platform;
• perform “Analytics”; and
• develop other services, provided Qwilr de-identifies Your Data.
• The diff does not expressly say that customer data may be used to train AI models. However, “enhance and otherwise modify the Platform,” “perform Analytics,” and “develop other services” are broad enough that they could potentially include developing, testing, or improving AI systems.
• The protection is limited to de-identification. The Terms do not define:
• what “de-identified” means;
• whether re-identification is prohibited;
• whether prompts, uploaded documents, outputs, metadata, or usage data are covered;
• whether aggregated or derived data may be retained indefinitely; or
• whether data may be disclosed to AI or other third-party providers.
• Customers should seek an express commitment that their data, prompts, documents, and outputs will not be used to train general-purpose or third-party AI models, unless separately authorised in writing.

2. Subscription and Cancellation

• New disclosures state that a Subscription may have a minimum term. Customers may cancel only when that term expires.
• Subscriptions automatically roll over on an ongoing basis unless suspended or terminated under the Terms.
• Fees are stated to be non-refundable to the maximum extent permitted by law.
• Customers may terminate without penalty after receiving notice of amendments, but must do so within 30 days. Continued use after that period constitutes acceptance.

3. Unilateral Changes

• Qwilr may amend the Terms at any time by written notice.
• Amendments take effect after 30 days. The customer’s practical remedy is to stop using the Platform and terminate within the notice period.
• This creates uncertainty for customers with long minimum terms or operational dependence on the Platform.

4. Liability and Data Loss

• Liability is capped at the Fees paid during the preceding 12 months.
• Consequential loss, loss resulting from a particular account type, third-party services, and loss or corruption of data are excluded or otherwise disclaimed.
• Customers are advised to maintain their own backups, increasing operational risk.

5. Account and Corporate Terms

• The customer is responsible for Authorised Users’ actions.
• Corporate Terms prevail over these Terms where inconsistent, but must be mutually agreed in writing.
• Individuals acting for businesses warrant that they are authorised to bind the business and its personnel.

6. Termination and Data Deletion

• After termination, Qwilr may anonymise or permanently delete all customer data after one month.
• Customers may request deletion, subject to applicable law and technical feasibility. No clear data-export or transition assistance obligation is added.

Summary

The provided diff does not include the actual legal text. It only states:

> “Added approximately 164 words to the document”

Without the added, deleted, or replacement language, it is not possible to identify:

• Changes to customer-data rights or permitted uses
• Whether customer data may be used to train, fine-tune, or improve AI models
• Whether data is anonymized, aggregated, or de-identified before such use
• Whether the customer can opt out or must provide consent
• Ownership or licensing changes
• New confidentiality, retention, or deletion obligations
• Disclosure of data to affiliates, vendors, or AI providers
• Security, indemnity, liability, or compliance risks

Information Needed

Please provide the actual diff, including:

• Additions shown in {curly braces}
• Deletions shown in [square brackets]
• Replacements shown as [{old text}{new text}] or in the format used by the source

Once the substantive language is provided, I can identify the important legal changes and specifically assess any provisions concerning the use of customer data to train or improve AI models.