Terms of Service

Developer note: This is a structured, counsel-friendly skeleton for an Australian SaaS offering. It is not final legal drafting. Counsel must review and replace bracketed placeholders.

1. Parties, acceptance, and contract structure

• Contracting party: [Your Business Name Pty Ltd] (ABN/ACN [00 000 000 000]) (“we/us”).
• Customer/user: the person or entity creating an account or using the Service.
• Acceptance: checkbox acceptance at signup and continued use.
• Versioning: these Terms have a version number; material changes may require re-acceptance.

2. Definitions

Counsel to define key terms: “Service”, “Account”, “Customer”, “User Content”, “Outputs”, “Third‑Party Services”, “Fees”, “Trial”, “Confidential Information”, “Personal Information”.

3. Eligibility and intended audience

• Professional use: intended for Australian legal professionals; not a law firm and not legal advice.
• Minimum age: [state minimum age requirement and account authority].
• Authority: users must be authorised to submit any information they provide (including third‑party/client information).

4. Service description and limitations

• Research assistance only: outputs are not legal advice and may contain errors.
• Verification requirement: users must verify against primary sources (e.g., AustLII).
• Currency of law: outputs may be out of date; do not rely without checking current status.

5. AI use, safety, and reliance controls (product-specific)

Counsel to confirm required warnings for AI: hallucinations, incomplete context, bias, and that the user must apply professional judgment. Link to the AI Notice.

• Prohibited uses: [e.g., emergency/legal deadline decisions solely on outputs; generating defamatory or unlawful content].
• Confidentiality guidance: anonymise client facts; do not submit sensitive info unless authorised.

6. Accounts, security, and acceptable use

• Account security: password rules, 2FA, user responsibility, suspected compromise notice.
• Acceptable use: incorporate or reference the Acceptable Use Policy.
• Rate limits: explain usage limits (search/brainstorm quotas) and enforcement.

7. Subscriptions, trials, fees, and billing (Stripe)

Counsel to confirm billing model: trial length, auto-renew, GST, invoice, payment failure handling, price changes, cancellation effective date. Reference Refunds/Cancellation and Billing Terms.

8. Intellectual property and licences

• Our IP: software and branding.
• User Content: user retains ownership; grants licence to process to provide the Service.
• Outputs: [counsel to decide ownership/licence; include restrictions re third‑party rights].
• Third‑party content: AustLII/other sources; disclaim affiliation; respect terms.

9. Privacy and data handling

Refer to Privacy Policy and AI & Data Processing Summary; explain at high level that personal information may be processed by third-party providers (payments, email, analytics, AI).

10. Disclaimers, consumer guarantees, and limitation of liability (ACL/UCT)

Developer note for counsel: limitation clauses must include appropriate ACL carve‑outs and avoid misleading statements about non-excludable rights. Counsel to draft:

• Warranties: “as is” to extent permitted.
• Non-excludable rights: consumer/small business guarantees under ACL remain.
• Liability cap: [counsel to decide; align with pricing and risk posture].
• Indemnities: [user indemnity for misuse/illegal content; counsel to confirm fairness].

11. Suspension and termination

Counsel to define reasons for suspension/termination, notice, access to exports, and effect on subscriptions.

12. Changes to the Service and to these Terms

Provide notice periods and explain re-acceptance triggers for material changes.

13. Dispute resolution and governing law

• Governing law: New South Wales, Australia.
• Process: support → escalation → courts/tribunals [counsel to confirm].