Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website, platform, and services operated by The Assistant Factory Pty Ltd ("The Assistant Factory", "we", "us", or "our").

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.

1. About The Assistant Factory

The Assistant Factory provides AI-powered assistants and automation tools designed to help businesses manage workflows, communications, and operational tasks.

Our services are intended for business and professional use only.

2. Eligibility, Authority, and Priority of Agreements

By using our services, you represent that:

• You are at least 18 years old; and
• If you are using the services on behalf of an organisation, you have authority to bind that organisation to these Terms.

If you have entered into a master subscription agreement, platform agreement, order form, data processing addendum, or other written agreement with The Assistant Factory (a "Customer Agreement"), that Customer Agreement governs your use of the services.

These Terms apply only to the extent they do not conflict with a Customer Agreement. In the event of any inconsistency, the Customer Agreement prevails.

3. Use of the Website

You may use our website for lawful purposes only. You must not:

• Use the website in a way that violates any applicable law or regulation
• Attempt to gain unauthorised access to any system or data
• Interfere with or disrupt the website or related infrastructure
• Use the website to transmit malicious code or harmful material

We may suspend or restrict access to the website at any time without notice.

4. Accounts and Services

Some services require account registration.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Ensuring information you provide is accurate and up to date

We may suspend or terminate accounts that breach these Terms, any applicable Customer Agreement, or applicable laws.

5. Customer Content / Input Data

You retain ownership of all data, content, documents, emails, metadata, and materials that you or your authorised users upload to or process through the services ("Customer Content", also referred to as "Input Data" in applicable Customer Agreements).

By using the services, you grant The Assistant Factory a limited, non-exclusive licence to host, process, analyse, transmit, and store Customer Content solely for the purpose of providing and improving the services, in accordance with these Terms and any applicable Customer Agreement.

You represent and warrant that:

• You have all rights, permissions, and authority necessary to provide Customer Content; and
• The processing of Customer Content does not infringe any third-party rights or applicable laws.

6. AI-Generated Output

Our services use artificial intelligence and automated systems to generate outputs.

You acknowledge that:

• AI-generated outputs may be inaccurate, incomplete, or inappropriate
• Outputs are generated based on statistical patterns and probabilities, not human judgment
• You are solely responsible for reviewing, validating, and approving outputs before use

The Assistant Factory does not provide legal, financial, regulatory, or professional advice.

The services are assistive tools and are not designed to autonomously make decisions with legal or regulatory effect.

7. Acceptable Use, Fair Use, and Platform Limits

You must not use our services to:

• Process unlawful, defamatory, or harmful content
• Infringe intellectual property or privacy rights
• Generate or distribute spam or deceptive communications
• Attempt to reverse engineer, scrape, benchmark, or misuse our systems, models, or platform architecture

Use of the services may be subject to fair use limits, rate limits, throttling, or usage restrictions as described in applicable documentation or Customer Agreements. Excessive or abusive usage may result in temporary suspension or restricted access.

8. Fees and Payment

Some services may be offered on a paid basis.

• Fees, billing cycles, and payment terms will be disclosed prior to purchase or set out in an applicable Customer Agreement
• All fees are exclusive of taxes unless stated otherwise
• Failure to pay may result in suspension or termination of services

9. Intellectual Property

All intellectual property rights in our website, platform, software, branding, documentation, and services (excluding Customer Content/Input Data) are owned by or licensed to The Assistant Factory.

You must not copy, modify, distribute, or create derivative works without our prior written consent.

10. Third-Party Services

Our services may integrate with or rely on third-party services, including email providers, cloud infrastructure, and AI services.

We are not responsible for:

• The availability or performance of third-party services
• The acts or omissions of third-party providers

Your use of third-party services may be subject to their own terms and policies.

11. Privacy and Data Protection

Our handling of personal information is governed by our Privacy Policy.

For paid services, data processing, retention, deletion, and security obligations are governed by the applicable Customer Agreement, including any Data Processing Addendum.

12. Suspension and Termination

We may suspend or terminate your access to the website or services if:

• You breach these Terms or any applicable Customer Agreement
• Required by law or regulation
• We discontinue the website or services

Upon termination, your right to use the services ceases immediately, subject to any surviving obligations under a Customer Agreement.

13. Disclaimers

To the maximum extent permitted by law:

• The website and services are provided "as is" and "as available"
• We do not warrant that the services will be uninterrupted or error-free
• We disclaim all implied warranties, including fitness for a particular purpose

14. Limitation of Liability

To the maximum extent permitted by law and subject to any applicable Customer Agreement, The Assistant Factory will not be liable for:

• Indirect, incidental, special, or consequential losses
• Loss of data, revenue, profits, or business opportunity
• Reliance on AI-generated outputs

Our total liability under these Terms is limited to the amount paid by you for the services in the twelve (12) months preceding the event giving rise to the claim, unless otherwise specified in a Customer Agreement.

15. Indemnity

You agree to indemnify and hold harmless The Assistant Factory from any claims, losses, damages, or expenses arising from:

• Your use of the website or services
• Customer Content/Input Data you provide
• Breach of these Terms, any Customer Agreement, or applicable laws

16. Governing Law

These Terms are governed by the laws of Australia, and the courts of the relevant Australian state or territory will have exclusive jurisdiction, unless otherwise specified in a Customer Agreement.

17. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on our website with a revised "Last updated" date.

Continued use of the website or services constitutes acceptance of the updated Terms.

18. Contact Us

If you have questions about these Terms, please contact us at: