TalkCraft Terms of Service
Effective Date: [Insert Date]
Version: 1.0
These Terms of Service (“Terms”) govern your access to and use of the website https://talkcraftai.com (“Site”) and the bespoke AI automation services (“Services”) provided by TalkCraft Pty Ltd (ABN: 85 678 612 505), a privately owned Australian company regulated by the Australian Securities and Investments Commission.
By accessing this Site, engaging our Services, or signing a Statement of Work (“SOW”) with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Site or Services.
We may amend these Terms at any time. Updates will be posted on this page, and your continued use of our Site or Services after changes are published constitutes acceptance of those changes.
1. Scope of Services
TalkCraft provides custom-built AI-powered automation solutions for businesses. This may include (but is not limited to):
- Workflow automation
- AI chatbot development
- Data integration and reporting tools
- Document generation systems
- Custom AI model deployment
- API integrations and process optimisation
Each engagement will be governed by a separate proposal or Statement of Work (SOW) that outlines deliverables, timelines, and costs. In the event of a conflict, the SOW will take precedence over these Terms.
2. Client Responsibilities
To enable us to deliver Services effectively, you agree to:
- Provide accurate and complete information necessary for development
- Ensure you have rights to all data, content, and systems you provide to us
- Grant timely access to platforms, APIs, and tools required for integration
- Review and provide feedback within agreed timeframes
- Comply with applicable laws when using the Services we deliver
3. Data & Privacy
We handle client data in accordance with our Privacy Policy (available on our Site).
- You remain the owner of your data.
- We may store and process your data only to the extent required to deliver the Services.
- You are responsible for ensuring that any data you provide complies with privacy laws, including the Privacy Act 1988 (Cth).
4. Intellectual Property
- Pre-Existing Materials: We retain all rights to tools, frameworks, code, and components we developed prior to or independently of the Services.
- Custom Deliverables: Upon full payment, you will receive ownership or a licence to the specific deliverables outlined in the SOW.
- You may not reverse-engineer, resell, or redistribute our proprietary methods without written consent.
5. Payment Terms
- Fees and payment schedules are set out in each SOW or invoice.
- We may require an upfront deposit before work commences.
- Late payments may incur interest or result in suspension of Services.
- All amounts are in AUD unless stated otherwise, and exclusive of GST.
6. Warranties & Disclaimers
- We warrant that we will provide Services with reasonable skill and care.
- Due to the nature of AI, we do not guarantee that outputs will be 100% accurate, error-free, or suitable for every purpose.
- You are responsible for reviewing and verifying AI outputs before relying on them.
- We are not liable for how you or third parties use the automations we deliver.
7. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, or consequential loss, including loss of profits, revenue, or data.
- Our total liability for any claim arising from the Services will not exceed the total amount you have paid us in the 3 months preceding the claim.
8. Confidentiality
Both parties agree to keep each other’s confidential information secure and not disclose it to third parties without written consent, unless required by law.
9. Termination
We may terminate the Services if:
- You breach these Terms or the SOW and fail to remedy within 14 days of notice
- Payment is overdue by more than 14 days
You may terminate the Services at any time by giving us written notice, subject to payment for all work completed up to the termination date.
10. Third-Party Services & Integrations
- Some automations may rely on third-party software or APIs.
- We are not responsible for downtime, changes, or issues caused by third-party providers.
- You are responsible for maintaining any third-party subscriptions required for your automation to function.
11. Refund Policy
- Due to the bespoke nature of our Services, refunds are not generally provided.
- In cases where a deposit was paid and no work has commenced, we may issue a partial refund at our discretion.
12. Fair Use & Restrictions
You must not:
- Use our Services for unlawful purposes
- Interfere with the security or functionality of our Site or Services
- Misrepresent your affiliation with TalkCraft
- Attempt to copy, modify, or resell our proprietary systems without permission
13. Governing Law
These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in Queensland.
14. Contact
For any questions regarding these Terms, please contact:
TalkCraft Pty Ltd
Email: micah@talkcraftai.com
Website: https://talkcraftai.com