Terms & Conditions

1. Scope of Services

Evolve With AI provides end-to-end AI transformation services, including:

• Strategy & Planning: AI Readiness Assessments and 90-day roadmaps.
• Implementation & Build: Custom automation, chatbots, AI-powered websites, and bespoke tools.
• Growth & Optimisation: Marketing systems, sales enablement, and lead generation.
• AI Productivity Training: Workshops and tool integration packages.

The specific scope of work, deliverables, and timelines for your project will be detailed in a separate Letter of Engagement or Service Agreement.

2. Fees and Payment

• 2.1 Pricing: All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.
• 2.2 Payment Terms: Fees for fixed-price packages (e.g., Starter, Growth, Scale) are payable as outlined in the invoice. For custom builds, a deposit may be required before work commences.
• 2.3 Processing: Payments are processed securely via third-party providers (Stripe/Square). We do not store your credit card data.
• 2.4 Late Payments: We reserve the right to suspend services or access to developed tools if accounts remain unpaid beyond the due date.
• 2.5 Discovery Calls: Complimentary calls may be rescheduled with at least 24 hours' notice.
• 2.6 Refunds: Refunds are considered on a case-by-case basis. Where work has commenced, a pro-rata charge may apply for work completed to date.
• 2.7 Implementation Work: Due to the high cost of compute and specialist time, refunds for completed AI implementation work are generally not provided unless required by Australian Consumer Law.

3. AI-Specific Disclaimers and Limitations

• 3.1 Nature of AI: You acknowledge that AI technologies, including Large Language Models (LLMs), are evolving. AI can produce "hallucinations" (plausible but incorrect or nonsensical information).
• 3.2 Verification Responsibility: The Client is solely responsible for reviewing and verifying the accuracy, appropriateness, and legality of any content or data generated by the AI systems we implement before using such output in business operations.
• 3.3 Human Oversight: You are responsible for reviewing and verifying all AI-generated output before relying on it for business decisions, legal compliance, or customer interactions.
• 3.4 No Professional Advice: Any AI-generated content (including from any AI assistant we provide) does not constitute legal, financial, or professional advice.
• 3.5 Third-Party Providers: Our services often rely on third-party AI platforms (e.g., OpenAI, Anthropic, Google, Make.com). We are not liable for service interruptions, changes in pricing, or modifications to terms made by these third-party providers that may affect your custom tools.
• 3.6 No Guarantee of Results: While we focus on measurable outcomes (time saved, revenue generated), we do not guarantee specific financial returns or error-free performance due to the non-deterministic nature of AI.

4. Intellectual Property (IP)

• 4.1 Background IP: We retain ownership of all pre-existing IP, including our proprietary frameworks, methodology, code templates, and "prompt engineering" logic developed prior to or during the engagement.
• 4.2 Client Deliverables: Upon full payment, you own the specific outputs (reports, code, content) generated for your business, subject to any third-party AI provider terms.
• 4.3 Feedback: Any suggestions or feedback you provide regarding our AI tools may be used by us to improve our services without compensation.
• 4.4 Data Ownership: You retain all rights to the raw data you provide to us for the purpose of training or configuring your AI systems.

5. Client Obligations and Data

• 5.1 Data Accuracy: You must provide accurate and complete information for assessments and tool configuration.
• 5.2 Compliance: You are responsible for ensuring that your use of AI tools complies with your specific industry regulations and the Privacy Act 1988 (Cth).
• 5.3 Access: You agree to provide the necessary access to your digital systems (CRM, website backend) required for us to perform the services.

6. Privacy and Confidentiality

• 6.1 Privacy: Our handling of personal information is governed by our Privacy Policy, available at evolvewithai.com.au/privacy-policy.
• 6.2 Confidentiality: Both parties agree to protect the other's confidential information. We will not disclose your business secrets, and you will not disclose our proprietary pricing or technical methodologies to third parties.

7. Limitation of Liability

• 7.1 Maximum Liability: To the maximum extent permitted by law, our total liability for any claim arising out of or in connection with our services is limited to the total amount paid by you to us in the three (3) months preceding the claim.
• 7.2 Consequential Loss: We are not liable for any indirect, incidental, or consequential loss, including loss of profits, data, or business reputation, arising from the use or inability to use the AI tools provided, including any loss arising from AI errors or automation failures.

8. Termination

• 8.1 Termination for Convenience: Either party may terminate an engagement for convenience by providing at least thirty (30) days' written notice to the other party.
• 8.2 Termination for Breach: Either party may terminate immediately by written notice if the other party materially breaches these Terms or any applicable Service Agreement and fails to remedy the breach within fourteen (14) days of receiving written notice of the breach (or immediately where the breach cannot be remedied).
• 8.3 Payment for Work-to-Date: Upon termination for any reason, you must pay for all fees and costs incurred and work performed up to the effective date of termination (including any non-cancellable third-party costs we have incurred on your behalf). If you have prepaid amounts, we may apply them against amounts owing and refund any remaining balance (if any), subject to Australian Consumer Law.

9. Modifications to Terms

We may update these Terms from time to time by posting the updated version on our website. Unless otherwise stated, changes take effect from the "Last updated" date shown at the top of these Terms. Your continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

10. Dispute Resolution

If a dispute arises, both parties agree to attempt to resolve the matter through good-faith negotiations. If unresolved after 30 days, the parties agree to attend mediation in Sydney, NSW, before commencing litigation.

11. Survival

The provisions relating to Intellectual Property, Confidentiality, Limitation of Liability, and Dispute Resolution shall survive the termination or expiry of any agreement between us.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of NSW.

Contact Information

For questions regarding these Terms, please contact us at [email protected] or via the Contact page at evolvewithai.com.au.