AI Point Pty Ltd
ABN: 32 667 971 388
Location: Sydney, New South Wales, Australia
Last Updated: 31 Oct 2025
By using AI Point's services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Acceptance of Terms
By accessing or using AI Point's services, you acknowledge that you have read, understood, and agree to be bound by:
- These Terms and Conditions
- Our Privacy Policy
- Any applicable Statement of Work (SOW) or proposal
2. What Are "Services"?
Our services include:
- AI workflow automation design and implementation
- Data enrichment and analytics services
- Marketing automation consulting and strategy
- Fractional AI/Chief AI Officer advisory services
- Online courses and training programs
- Community membership (via Skool platform)
- AI safety and governance consulting
- SEO intelligence and optimization services
3. Your Use of Services
You agree to use our services in accordance with:
- All applicable Australian laws, including the Privacy Act 1988 (Cth), Spam Act 2003 (Cth), Copyright Act 1968 (Cth), and Australian Consumer Law
- All third-party platform terms (LinkedIn, AWS, Zapier, etc.)
4. Acceptable Use Policy
You may NOT use our services to:
- Violate privacy laws or send unsolicited spam or marketing communications
- Scrape, harvest, or collect data without proper legal authorization or lawful basis
- Violate any third-party platform terms of service
- Engage in fraudulent, deceptive, or illegal activities
- Interfere with the security or integrity of our systems
- Transmit malware, viruses, or harmful code
- Infringe intellectual property rights
- Harass, abuse, or harm others
- Create fake profiles or engage in deceptive practices
Consequences: Violation may result in immediate suspension or termination without refund.
5. Intellectual Property
5.1 AI Point's Intellectual Property
All content, software, technology, processes, frameworks, and materials provided by AI Point are owned by or licensed to us and protected by intellectual property laws.
You may NOT:
- Copy, reproduce, distribute, modify, or reverse-engineer our content or software
- Create derivative works from our proprietary methodologies
- Use our frameworks or processes outside the scope of your engagement
5.2 Your Materials and Data
You retain ownership of your data, materials, and content provided to us.
We retain ownership of methodologies, frameworks, and general knowledge developed during engagements.
License to use: We grant you a limited, non-exclusive, non-transferable license to access and use our services during your subscription or engagement period only.
5.3 AI-Generated Outputs
AI-generated outputs (reports, recommendations, code, strategies) created for you:
- You may use for internal business purposes
- You may NOT redistribute, re-sell, or repackage without our written consent
- Copyright ownership remains with AI Point unless otherwise agreed in writing
6. AI Output and Service Disclaimers
6.1 Nature of AI Services
Important: AI-generated outputs are suggestions and insights, NOT professional advice. You acknowledge and agree that:
- AI recommendations are provided in good faith but are NOT guaranteed to be accurate or achieve expected outcomes
- Data enrichment accuracy depends on source data quality and availability
- We do NOT provide legal, financial, medical, tax, or compliance advice
- You must exercise independent judgment and obtain professional advice before acting on AI outputs
- You are responsible for validating outputs before using them in critical business decisions
- We do not guarantee specific business outcomes, ROI, or performance metrics
6.2 AI Limitations and Risks
AI systems have inherent limitations you must understand:
- Inaccuracies: AI may generate incorrect information or hallucinations
- Bias: AI models may reflect biases from training data (demographic, geographic, etc.)
- Inconsistency: AI outputs may vary based on model updates
- Context limitations: AI may misunderstand context or nuance
- Cannot replace humans: AI cannot replace professional expertise (legal, financial, medical)
You are solely responsible for:
- Validating AI outputs before critical business use
- Obtaining professional advice where needed
- Ensuring AI use complies with laws and regulations
- Monitoring and testing AI recommendations before full implementation
6.3 Automated Decision-Making
If you use our AI tools to make automated decisions that significantly affect individuals:
You must ensure:
- Individuals are informed about automated processing
- Human review and appeal processes are available
- Compliance with the Privacy Act 1988 (Cth)
- You maintain records of decision-making logic
We are not liable for:
- Discriminatory outcomes or biased decisions
- Regulatory violations from your use of AI
- Adverse effects on individuals
7. Accuracy and Warranties
7.1 What We Warrant
We warrant that:
- Services will be performed with reasonable skill and care in accordance with industry standards
- We have the right to provide the services
- We will comply with applicable Australian laws
7.2 What We Don't Guarantee
While we use commercially reasonable efforts to provide accurate information, we make NO warranties regarding:
- 100% accuracy of enriched data
- Completeness of analytics or insights
- Fitness for a particular purpose beyond general business use
- Uninterrupted or error-free operation of services
- Specific business results or outcomes
Note: Consumer guarantees under the Australian Consumer Law cannot be excluded. Where our liability cannot be excluded, it is limited as described in Section 17 (Limitation of Liability).
8. Service Availability and Modifications
8.1 Service Availability
We aim to maintain reliable access to our services. However, availability may be affected by:
- Scheduled maintenance (we'll provide reasonable notice)
- Technical issues or force majeure events
- Third-party platform outages (AWS, Skool, AI providers, etc.)
- Security incidents or necessary updates
We are NOT liable for loss resulting from service interruptions.
8.2 Service Changes and Discontinuation
We may change, suspend, or discontinue services:
- With reasonable notice (30 days) for major changes
- Immediately for technical or security reasons
- For discontinuation: We'll offer pro-rata refund or migration period
9. Consulting and Professional Services
9.1 Scope and Deliverables
Specific scope, deliverables, timelines, and fees are defined in a Statement of Work (SOW) or proposal.
Changes to scope require written agreement and may affect fees and timelines.
If no SOW is signed, these Terms apply to all consulting services.
9.2 Your Responsibilities
You agree to:
- Provide timely access to necessary systems, data, and personnel
- Respond to information requests within agreed timeframes
- Designate authorized representatives for decision-making
- Maintain appropriate backups of your systems and data
- Comply with applicable laws in your use of recommendations
9.3 Our Recommendations and Your Implementation
We provide recommendations and strategies in good faith based on available information.
You retain full decision-making authority and responsibility for implementation.
You are responsible for:
- Regulatory compliance in your industry
- Validating recommendations in your specific context before implementation
- Consulting with subject-matter experts (legal, compliance, technical, financial)
We are NOT responsible for outcomes resulting from your implementation decisions or failure to follow recommendations.
9.4 Validation of Recommendations
Before implementing any recommendation, you must:
- Independently validate the recommendation in your business context
- Consult subject-matter experts (legal, compliance, technical, financial)
- Conduct testing in controlled environments
- Ensure compliance with applicable laws
- Monitor results and adjust implementation as needed
We provide NO guarantee that recommendations will achieve expected outcomes or comply with applicable law.
10. Data Enrichment Services
10.1 Your Data Warranties
When you provide us with data for enrichment, you warrant that:
- You have legal rights to process and share this data with us
- You have obtained consent from individuals (data subjects) where required by the Privacy Act 1988 (Cth) or Spam Act 2003 (Cth)
- The data does NOT violate any third-party rights or applicable laws
- You comply with the Privacy Act 1988 (Cth) and Spam Act 2003 (Cth)
- You will obtain fresh consent before marketing to enriched contacts
10.2 Data Sources and Accuracy
We use commercially available third-party data sources (Apollo.io, Clay.com, and others) to enrich your data.
We do NOT guarantee 100% accuracy of enriched data.
Enriched data may contain:
- Incomplete or outdated information
- Duplicate records
- Unverified contact details
10.3 Your Enrichment Responsibilities
Before deploying enriched data, you must:
- Validate enriched data for accuracy and duplicates
- Ensure enriched contacts have valid consent for marketing
- Comply with Spam Act 2003 (Cth) requirements
- Test data quality before full-scale campaigns
- Monitor campaign performance and complaint rates
10.4 Enrichment Liability
AI Point is NOT liable for:
- Inaccurate, incomplete, or outdated enriched data
- Your use of enriched data in breach of privacy or marketing laws
- Regulatory fines or penalties from improper enriched data use
- Bounce rates, unsubscribes, spam complaints, or account suspensions from enriched contacts
- Damage to your reputation from enriched data misuse
11. Third-Party Services and Integrations
11.1 Third-Party Tools We Use
Our services integrate with third-party platforms:
- Cloud infrastructure (AWS, Azure, Google Cloud)
- AI services (Anthropic, OpenAI, others)
- Data enrichment tools (Apollo.io, Clay.com)
- Automation platforms (n8n, Make.com, Zapier)
- Community platform (Skool)
- Analytics tools (Google Analytics, etc.)
11.2 Third-Party Liability and Your Responsibility
You acknowledge that:
- Third-party tools may experience outages, data breaches, or policy changes
- We have NO control over third-party security, availability, or policies
- Third-party tools are subject to their own terms and liability limitations
You are responsible for:
- Reviewing and accepting third-party tool terms
- Complying with third-party data policies
- Maintaining your own backups of critical data
11.3 Our Approach to Third-Party Risk
We exercise reasonable care when selecting and managing third-party vendors by:
- Evaluating their security practices and compliance standards
- Requiring data protection commitments in contracts
- Monitoring vendor performance and compliance
However, we are NOT liable for:
- Third-party data breaches or security incidents beyond our control
- Third-party service outages or unavailability
- Changes to third-party tool functionality or pricing
- Data loss from third-party platform failures
If a critical third-party tool becomes permanently unavailable: You may terminate engagement with pro-rata refund.
12. LinkedIn Data and Restrictions
12.1 LinkedIn Compliance
If our services involve data sourced from LinkedIn or LinkedIn profiles:
You warrant:
- Your use complies with LinkedIn's Terms of Service and Data Policy
- Data is used only for purposes permitted by LinkedIn
- Data will NOT be re-scraped, re-sold, or combined without LinkedIn consent
You are responsible for:
- Compliance with LinkedIn's restrictions
- Immediate termination if LinkedIn issues a cease-and-desist notice
We are NOT liable for:
- LinkedIn policy violations or changes
- Account suspension or bans
- Changes to LinkedIn's data policies
13. Fees and Payment
13.1 Fee Structure
- Consulting services: Specified in proposals or Statements of Work
- Courses and training: Specified on our platform or course listings
- Community membership: Charged monthly or annually as selected
- All fees in Australian Dollars (AUD) unless otherwise specified
13.2 Payment Terms
- Consulting projects: 50% upfront, 50% on completion, or monthly milestones (specified in SOW)
- Courses: Payment due at time of purchase
- Community: Charged monthly in advance or annually with discount
- Payment methods: Credit card, bank transfer, or other agreed methods
13.3 Late Payment
- Invoices due net 30 days unless otherwise specified
- Late payments may incur interest at 1.5% per month or maximum rate permitted by law
- We reserve the right to suspend services for non-payment after 15 days notice
13.4 Taxes
All fees are exclusive of GST and other applicable taxes, which will be added where required.
14. Cancellation and Refunds
14.1 Courses and Training
- Digital course purchases: Refunds available within 14 days of purchase if less than 25% of content accessed
- Live training/workshops:
- 7+ days before: Full refund
- Within 7 days: 50% refund
- No-show: No refund
14.2 Community Memberships
- Monthly subscriptions: Can be cancelled anytime; no refund for partial months
- Annual subscriptions: Pro-rata refund available if cancelled within 30 days; no refunds after 30 days
14.3 Consulting Projects
- Cancellation terms specified in Statement of Work
- Generally: Client may cancel with 14 days written notice; fees for work completed are due
- Termination by us: For non-payment or material breach with 7 days notice
14.4 Refund Processing
Approved refunds processed within 14 business days to original payment method.
15. Confidentiality
15.1 Mutual Confidentiality Obligations
Both parties agree to:
- Keep confidential information confidential
- Use confidential information only for the engagement purpose
- Not disclose to third parties without written consent
- Return or destroy confidential information upon request or termination
15.2 Exceptions
Confidentiality does NOT apply to information that:
- Is publicly available (not through a breach on our part)
- Was rightfully known prior to disclosure
- Is independently developed without using confidential information
- Must be disclosed by law or court order (we'll provide notice where possible)
15.3 Survival
Confidentiality obligations survive termination for 3 years.
15.4 Client Audit Rights
For data processing engagements, you may:
- Request audit of our data handling practices (30 days notice)
- Request security or compliance certifications
- Require compliance with reasonable data protection requirements
We may require:
- Execution of NDA before audit
- Reasonable audit schedule (max 1 per year unless breach detected)
- You bear reasonable costs of detailed audits
16. Warranties and Disclaimers
16.1 Our Warranties
We warrant that:
- Services will be performed with reasonable skill and care
- We have the right to provide the services
- We will comply with applicable laws
16.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS:
- SERVICES PROVIDED "AS IS" WITHOUT WARRANTIES
- WE DISCLAIM ALL IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT)
- WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
- WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, ROI, OR PERFORMANCE METRICS
Important: Nothing in these Terms excludes rights under the Australian Consumer Law. Consumer guarantees under Australian law cannot be excluded or modified.
17. Limitation of Liability
17.1 Liability Cap
To the maximum extent permitted by Australian law, AI Point's total liability for claims arising from these Terms or services shall NOT exceed:
- Consulting projects: Total fees paid for that specific project
- Courses: Purchase price of the course
- Subscriptions: Fees paid in the 12 months preceding the claim
- Other services: $1,000 AUD
17.2 Exclusion of Consequential Damages
To the extent permitted by law, we are NOT liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, business, or anticipated savings
- Loss of data or business interruption
- Third-party claims
17.3 Consumer Law Rights
Nothing in these Terms excludes, restricts, or modifies consumer guarantees under the Australian Consumer Law.
Where our liability cannot be excluded, it is limited to (at our option):
- For services: Re-supplying the services or paying the cost of resupply
- For goods: Replacing, repairing, or paying the cost of replacement or repair
18. Indemnification
You agree to indemnify and hold harmless AI Point, its directors, employees, and agents from:
- Claims arising from your breach of these Terms
- Your violation of any law or third-party rights
- Your misuse of our services
- Data or content you provide to us
- Your implementation of our recommendations
- Your use of enriched data in breach of privacy or marketing laws
- Your compliance violations using our AI recommendations
19. Privacy and Data Protection
We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
See our Privacy Policy for details on:
- How we collect, use, and protect information
- Your data rights
- Data breaches and notification
By using our services, you consent to data practices described in our Privacy Policy.
20. Termination
20.1 Termination by You
You may terminate by:
- Cancelling subscriptions through your account
- Providing written notice for consulting engagements (per SOW terms)
- Discontinuing use of free services
20.2 Termination by Us
We may suspend or terminate your access:
- Immediately: For breach of Terms or Acceptable Use Policy
- With 15 days notice: For non-payment
- If required: By law or to prevent harm
- With 30 days notice: For discontinuation of a service
20.3 Effect of Termination
Upon termination:
- Your right to access services ceases immediately
- Outstanding fees become immediately due and payable
- We'll return or destroy your confidential information (per your request)
- Sections on confidentiality, intellectual property, liability, and dispute resolution survive
21. Dispute Resolution
21.1 Informal Resolution
Before formal proceedings, parties agree to negotiate in good faith to resolve disputes.
21.2 Mediation
If informal resolution fails, parties agree to attempt mediation before litigation:
- Each party bears own costs
- Mediator fees shared equally
- Mediation conducted in Sydney, NSW
21.3 Litigation
If mediation is unsuccessful, disputes resolved through litigation in the courts of New South Wales, Australia.
22. General Provisions
22.1 Entire Agreement
These Terms, Privacy Policy, and any SOW or proposal constitute the entire agreement regarding our services.
22.2 Amendments
We may update these Terms. Material changes will be notified via website or email.
Continued use after changes constitutes acceptance of revised Terms.
22.3 Severability
If any provision is unenforceable, remaining provisions remain in full effect.
22.4 Waiver
Failure to enforce any provision does NOT constitute waiver of that provision or any other.
22.5 Assignment
- You: Cannot assign without our written consent
- Us: May assign with reasonable notice to you
22.6 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control:
- Natural disasters, war, terrorism, strikes
- Internet or utility failures
- Pandemics or epidemics
22.7 No Partnership
Nothing in these Terms creates a partnership, joint venture, or employment relationship.
22.8 Notices
All notices must be in writing and sent to:
AI Point Pty Ltd
Sydney, NSW 2085, Australia
Contact us here.
23. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be resolved in the courts of New South Wales.
By using AI Point's services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
Last Updated: 31 Oct 2025
AI Point Pty Ltd | ABN 32 667 971 388
