Ai-AutoMATE
Terms and Conditions
AGREEMENT TO TERMS
Last Updated: 29th July, 2025
These Terms and Conditions (“Terms”), together with any applicable Service Agreement, form a legally binding agreement between
Ai-AutoMATE PTY LTD (“Company”, “we”, “our”, or “us”) and the Client (“you”, “your”) in relation to your access to and use of our website and services (collectively, the “Services”). By accessing or using our Services, you agree to these Terms.
If you do not agree, you must not use our Services.
1. Changes to Terms
We may update these Terms from time to time for operational, legal or regulatory reasons. Where changes materially affect your rights, we will provide at least 14 days’ notice via email or website notice. Continued use of the Services after that period constitutes acceptance of the updated Terms.
2. Access and Client Data
We grant you a non-exclusive, non-transferable, revocable licence to use our Services for your internal business use during the term of your agreement.
You retain ownership of your data uploaded to our platform.
You grant us a limited licence to use your data solely to provide and improve our Services.
We may use aggregated and anonymised learnings from data processed through our platform to improve our technology. This data will not identify you or your customers.
3. Intellectual Property
All intellectual property in our platform, website, content, and technology remains our property or our licensors’.
You may not copy, reverse-engineer, or exploit our Services beyond what is expressly permitted under these Terms.
4. Client Responsibilities
You warrant that:
Information you provide is accurate and up to date.
You have obtained all necessary consents from your prospective customers (e.g., under the Spam Act 2003 (Cth) and Privacy Act 1988 (Cth)) for us to contact them on your behalf.
You will not use our Services for unlawful purposes or in a way that breaches applicable laws.
You are responsible for keeping your account secure and for activity under your login credentials.
5. Confidentiality
Each party agrees to keep the other party’s confidential information private and use it only for the purpose of fulfilling obligations under this Agreement, except where disclosure is required by law.
6. Service Availability and Modifications
We will use reasonable care and skill in providing the Services but do not guarantee uninterrupted availability.
We may change or discontinue parts of the Services for operational or technical reasons. Where such changes significantly affect your use, we will give reasonable notice and, if applicable, discuss alternative arrangements or partial refunds.
7. Fees and Cancellation
If Services are terminated early, you will pay for work completed and appointments scheduled up to the termination date.
Prepaid fees for future unused Services may be refunded at our discretion unless termination is due to your breach of these Terms.
8. Warranties and Limitations of Liability
We guarantee that our Services will be provided with reasonable care and skill and comply with Australian Consumer Law (ACL).
To the extent permitted by law:
Our liability for any breach of non-excludable consumer guarantees under the ACL is limited to resupplying the Services or refunding fees paid.
We are not liable for indirect, incidental, or consequential losses (e.g., lost profits, data loss) unless caused by our gross negligence, fraud, or wilful misconduct.
Our total liability for all claims in any 12-month period is capped at the fees you paid in that same period.
9. Indemnities
We indemnify you against claims that our technology infringes third-party intellectual property rights, provided you notify us promptly.
You indemnify us against losses arising from:
Your misuse of the Services or breach of these Terms.
Any claim that your data or use of the Services breaches applicable laws or infringes third-party rights.
10. Data Security and Backups
We follow reasonable industry standards to safeguard your data and comply with the Australian Privacy Act 1988 and Spam Act 2003.
While we take regular backups, you are responsible for maintaining your own copies of important data. We are not liable for data loss unless caused by our negligence or breach of law.
11. Termination
We may suspend or terminate your access:
Immediately for serious breaches (illegal use, security breaches, non-payment).
With 14 days’ notice for convenience or if continuing the Services is no longer commercially viable.
If we terminate without cause, we will refund unused prepaid fees.
12. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia. The parties agree to attempt to resolve disputes by good faith negotiation, followed by mediation. If unresolved, disputes will be submitted to the courts of New South Wales, Australia.
13. Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control
(e.g., natural disasters, internet outages, government restrictions).
14. Miscellaneous
These Terms and the Service Agreement are the entire agreement between the parties.
Invalid or unenforceable provisions will be modified or severed without affecting the remainder.
We may assign our rights under these Terms with prior written notice; you must not assign without our written consent.
15. Contact Us
For questions or complaints regarding these Terms, please contact:
Ai-AutoMATE PTY LTD
2 Pumphouse Crescent
Rutherford, NSW 2320
e: [email protected]