NSX Studio AI — Terms of Use

Effective date: 21/08/2026

1. Acceptance and eligibility

(a) This Terms of Use (Agreement) is between NSX Media Pty Ltd (ABN 13 680 438 742)
trading as NSX Insights ("NSX Insights", "we", "us", "our") and the individual ("You" or "Your") who creates an account to access the NSX Studio AI mobile application and admin dashboard (together, the App).

(b) You may only be given access to the App because your employer (a dealership) has an existing services agreement with NSX Media. By creating an account and using the App, you agree to this Agreement in your own right, and you confirm you are authorised by your employer to submit vehicle photography and related information on its behalf.

(c) You represent and warrant that You are over the age of 18.

2. Relationship to the Services Agreement

(a) This Agreement governs Your individual use of the App. It does not replace, and operates in addition to, the Services Agreement between NSX Media, NSX Insights and Your employer.

(b) If there is a direct conflict between this Agreement and the Services Agreement in relation to commercial terms (such as fees, service levels, or the scope of photography services provided), the Services Agreement prevails. This Agreement governs the specific terms of Your use of the App.

(c) If the Services Agreement between NSX Media, NSX Insights and Your employer ends, Your access to the App ends at the same time, regardless of whether this Agreement has been separately terminated.

3. The App

3.1 Licence

Subject to Your compliance with this Agreement, NSX Insights grants You a non-exclusive, non-transferable, revocable right to access and use the App during the term of Your employer's Services Agreement, solely to capture, submit, and review vehicle photography on behalf of Your employer.

3.2 Changes to the App

NSX Insights may update, change, or modify the features of the App at any time. This Agreement continues to apply to any updated version of the App.

3.3 Nature of the Output

You acknowledge that processed photography returned through the App (Output) is generated using an assigned editing profile and automated processing tools. NSX Insights will use reasonable commercial efforts to process submitted photography in accordance with the assigned editing profile, but does not guarantee that Output will be free of defects or suitable for every purpose You might use it for.

4. Your obligations

(a) You must: provide accurate account information; only capture and submit photography of vehicles You are authorised by Your employer to photograph; follow the App's guided capture instructions; and use the App only for its intended purpose of dealership vehicle photography.

(b) You must not, and must not permit any third party to: copy, modify, or create derivative works of the App; rent, lease, sell, sublicense, or otherwise make the App available to anyone outside Your employer's organisation; reverse engineer, decompile, or attempt to extract the source code of the App; remove any proprietary notices from the App; or use the App for any unlawful purpose.

5. Warranties

5.1 Mutual warranties

Each party represents that it has full authority to enter into this Agreement.

5.2 Exclusion of warranty

Subject to clause 5.3, to the maximum extent permitted by law, NSX Insights does not make any warranties for the App or the Output, disclaims all implied warranties including merchantability and fitness for a particular purpose, and provides the App on an "as is" and "as available" basis. NSX Insights does not warrant that the App will be error-free or uninterrupted, or that it will be compatible with every device.

5.3 Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on You under the Australian Consumer Law that cannot lawfully be excluded. Where NSX Insights' liability for failing to comply with such a guarantee cannot be excluded but can be limited, that liability is limited, at NSX Insights' option, to resupplying the service or paying the cost of resupply.

6. Confidential information

Each party must keep the other's confidential information secret, and must not disclose it except to its own personnel or professional advisers who need it to perform this Agreement, or as required by law.

7. Privacy

Our collection and handling of Your personal information through the App is set out in the NSX Studio AI Privacy Policy at nsx.is/studio-ai-privacy-policy, which forms part of this Agreement by reference.

8. Customer data

8.1 Your grant of rights

You grant NSX Insights a non-exclusive, royalty-free, worldwide right to use, reproduce, store, process, and transmit the photographs, vehicle information, and related content You submit through the App (Customer Data) as necessary to provide the App and deliver processed Output back to You and Your employer.

8.2 Sub-processors

You acknowledge the App relies on third-party service providers to function (see the Privacy Policy for the current list). NSX Insights may provide Customer Data to those providers solely to operate the App.

8.3 Your warranties

You represent that You are authorised by Your employer to submit the Customer Data, and that Your use of the App does not infringe any third party's rights or breach any applicable law.

NSX Insights does not use Customer Data for its own marketing, case studies, or any aggregated data or benchmarking product without Your employer's specific separate permission.

9. Intellectual property

(a) NSX Insights and its licensors retain all ownership of, and intellectual property rights in, the App.

(b) As between You and NSX Insights, You and Your employer retain ownership of the Customer Data.

10. Feedback

If You give NSX Insights feedback or suggestions about the App, NSX Insights is free to use that feedback without attribution or compensation, and You assign to NSX Insights any intellectual property rights in it.

11. Indemnification

Except to the extent caused by NSX Insights' negligence, wilful misconduct, or breach of this Agreement, You indemnify NSX Insights against loss arising from Your breach of clause 8.3 (customer data warranties) or Your infringement of NSX Insights' intellectual property rights.

12. Liability

(a) To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of profits, loss of business, or loss of data.

(b) Subject to clause 5.3 and except for Your indemnification obligations, each party's total liability under this Agreement is limited to $1500.

13. Term and termination

(a) This Agreement starts when You create an account and continues until Your employer's Services Agreement ends, or Your account is terminated in accordance with this clause, whichever happens first.

(b) Either party may terminate this Agreement, or Your individual account, on written notice to the other.

(c) On termination, You must stop using the App. Termination does not affect rights or obligations that already accrued.

14. Dispute resolution

If a dispute arises under this Agreement, the party raising it must give written notice. The parties must attempt to resolve the dispute through good-faith discussion before starting legal proceedings, except where a party needs urgent injunctive relief.

15. Other terms

(a) Governing law: this Agreement is governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of its courts.

(b) Assignment: neither party may assign this Agreement without the other's consent, except that NSX Insights may assign it to a related body corporate or to an entity that acquires its business.

(c) Notices: notices under this Agreement must be given by email, to [notices email — to be confirmed] for NSX Insights, and to the email address You provided when creating Your account.

(d) Entire agreement: this Agreement, together with the Services Agreement and the Privacy Policy, is the entire agreement relating to Your use of the App.

(e) Amendment: NSX Insights may update this Agreement from time to time. We'll notify You of significant changes.

(f) Severability: if any part of this Agreement is unenforceable, the rest remains in force.

16. Definitions

Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Customer Data has the meaning given in clause 8.1.

Output has the meaning given in clause 3.3.

Services Agreement means the commercial agreement between NSX Media and NSX Insights and Your employer under which the App is made available to You.