Terms of Service

Effective Date: 17/08/2025
Contact: hello@appinesscreations.com

1. Acceptance
   By using Appiness Creations’ website, platform, or AI automation services (the “Services”) you agree to these Terms. If you do not agree, do not use the Services.

2. Changes to Terms
   We may update these Terms from time to time. Continued use after changes means you accept the updated Terms.

3. Eligibility & Accounts
   You must be 13+ and provide accurate registration information. You are responsible for all activity on your account and for keeping your credentials secure.

4. Scope of Services
   Services include design, development, deployment and maintenance of AI Voice Agents and related automations. Exact features, deliverables, timelines and fees are set out in your Statement of Work (SOW) or order.

5. Client Obligations (Key)
   • Provide timely, accurate information, access and approvals required to perform Services.
   • Obtain any consents required for call recording, messaging and automated contact in the jurisdictions you operate.
   • If the Client fails to provide required materials/access for 14 consecutive days, we may pause Services and invoice for work performed up to the suspension date.

6. Fees, Billing & Refunds
   • Fees are as set in the SOW/order. Setup and build fees are non-refundable.
   • Subscription fees are billed in advance. You must supply valid payment details.
   • Commission: a 15% commission applies only to product sales in which the AI Voice Agents played the primary/majority role in securing the sale; commissions do not apply to delivery or installation charges.
   • Disputes: notify us in writing within 5 days of receipt of an invoice to dispute any amount; undisputed amounts remain payable.

7. Operating Costs
   Appiness Creations will cover operating costs required to run the AI Voice Agents (hosting, platform subscriptions, bandwidth, etc.), unless otherwise agreed in writing.

8. Cancellation & Termination
   • You may cancel per the cancellation procedure in your SOW. Data may be deleted on cancellation per our retention policy.
   • We may suspend or terminate access for breaches, unlawful use, or security reasons.
   • Termination for convenience (Service Provider): Appiness Creations may terminate without cause by giving 30 days’ written notice; we will invoice for Services performed up to the effective termination date.

9. Intellectual Property & Licenses
   • Client Content (data, scripts, recordings): you retain ownership. You grant us a non-exclusive, worldwide, royalty-free licence to use Client Content only to provide the Services.
   • Provider IP & Work Product: our pre-existing software, models, tools and know-how remain our property. Unless the SOW states otherwise, upon full payment we grant you a non-exclusive, perpetual licence to use delivered Work Product for your internal business purposes; all other rights remain with Appiness Creations.
   • Aggregated Data: we may use anonymised, aggregated usage data for product improvement.

10. AI Outputs — No Guarantee; Use at Your Own Risk
    AI outputs (transcripts, recommendations, messages, lead scores) may be inaccurate or incomplete. You must verify outputs before relying on them for high-risk, regulated, or safety-critical decisions. We disclaim warranties regarding accuracy, bias or fitness for purpose except where expressly stated in a written SOW.

    You acknowledge that:

    • AI systems (including Large Language Models and machine learning algorithms) are experimental and constantly evolving technologies that may produce unpredictable, inconsistent, or incorrect results
    • AI systems are probabilistic in nature and may exhibit hallucinations, biased outputs, factual errors, and inconsistent responses
    • No warranty or guarantee is given regarding the accuracy, completeness, reliability, or fitness for any particular purpose of AI-generated outputs
    • We do not warrant that AI systems will be error-free, uninterrupted, or meet specific performance metrics
    • Best practices and capabilities are continuously evolving; what is state-of-the-art today may change rapidly

11. Third-Party Services & Approvals
    Integrations or publishing (telephony providers, app stores, CRMs) are subject to third-party terms. We are not liable for third-party refusals, changes, or fees.

12. Prohibited and High-Risk Uses
    You must not use the Services to break laws, send spam, distribute malware, infringe IP rights, or otherwise misuse the Services.
    You must NOT use AI outputs as the sole basis for:

    • Medical diagnosis or treatment decisions
    • Legal determinations or advice
    • Financial or investment decisions
    • Employment, housing, or credit decisions
    • Safety-critical systems (aviation, healthcare devices, automotive)
    • Any automated decision-making affecting fundamental rights without human oversight

13. Mandatory Human Oversight
    You agree to:

    • Implement appropriate human review and validation processes
    • Verify all outputs before relying on them for material decisions
    • Assume all risk for decisions made based on AI outputs
    • Not use AI outputs beyond documented and intended use cases

14. Privacy & Security
    We implement commercially reasonable security measures. Our Privacy Policy explains how we handle personal data. You remain responsible for configuring privacy settings and obtaining required consents for recordings and messaging.

15. Warranties & Disclaimers
    Except for any express warranties in a written SOW, Services are provided “as is” and “as available.” We make no other warranties.

16. Limitation of Liability
    To the maximum extent permitted by law, Appiness Creations’ total liability for any claim relating to these Terms or Services is limited to the total fees you paid to us in the 6 months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages (including lost profits).

    Excluded Damages
    We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, business opportunities, goodwill, or data—even if advised of the possibility of such damages.

    AI-Specific Exclusions
    We shall not be liable for:

    • AI model drift, degradation, or changes in performance over time
    • Third-party AI service changes, discontinuation, or API modifications (OpenAI, Anthropic, Google, etc.)
    • AI hallucinations, biases, or inaccuracies inherent to underlying models
    • Your use of AI systems beyond documented use cases
    • Regulatory changes affecting AI usage
    • Data quality issues from your datasets or inputs
    • Consequences of your failure to implement recommended safety measures, content filters, or human oversight
    • Outputs you implement or rely upon without verification

17. Indemnity

    You agree to indemnify, defend, and hold us harmless from any third-party claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

    • Your misuse of AI outputs or Services
    • Your failure to verify outputs or implement human oversight
    • Your use of outputs for prohibited applications
    • Decisions made based on AI outputs
    • Your breach of this Agreement
    • Your violation of applicable laws or regulations

18. Allocation of Risk & Acknowledgments

    You acknowledge and agree that:

    • Fees reflect the allocation of risk set forth in these Terms
    • We are not an insurer of outcomes
    • AI systems may produce unexpected results despite reasonable precautions
    • These limitations are reasonable and necessary given the experimental nature of AI technology
    • You are advised to obtain appropriate insurance coverage for your use of AI systems
    • You have a duty to mitigate damages by promptly notifying us of issues, allowing reasonable opportunity to remedy problems, and implementing reasonable workarounds

19. Time Limitation for Claims

    Any claim must be brought within 12 months from the date the claim arose. Claims not brought within this period are forever barred.

20. Governing Law & Dispute Resolution
    These Terms are governed by the laws of Queensland, Australia. Disputes will be addressed in courts of Queensland, unless otherwise agreed in writing or in a SOW.

21. Export & Compliance
    You will comply with export laws and not use the Services in sanctioned countries or for prohibited purposes.

22. Contact & Notices
    Questions or notices: hello@appinesscreations.com.