Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. If you are using the Service on behalf of a company, you represent and warrant that you have the authority to bind that company to these Terms.

2. Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for maintaining the security of your account and for any activities or actions that occur under your account. Authentication is handled through third-party OAuth providers (Google and Microsoft).

You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

We will notify you without undue delay if we become aware of a security incident that affects your account or User Content, in accordance with our obligations under the Privacy Act 1988 (Cth) and any other applicable law.

3. Subscription and Payments

4. Australian Consumer Law

Under the Australian Consumer Law, you have certain rights that cannot be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel your service contract with us
• A refund for the unused portion of the service
• Compensation for any other reasonably foreseeable loss or damage

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time. If this is not done, you are entitled to a refund for the services not provided.

Where the Australian Consumer Law permits us to limit our liability for failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

5. Intellectual Property

The Service and its original content (excluding User Content and AI-Generated Content), features, and functionality are and will remain the exclusive property of Flitch and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flitch.

6. AI-Generated Content

7. User Content

8. Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To impersonate or attempt to impersonate Flitch, a Flitch employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To attempt to gain unauthorised access to any portion of the Service, other accounts, or computer systems
• To use the Service to generate content that is harmful, offensive, defamatory, or violates the rights of others
• To upload malicious code, viruses, or any software intended to damage or interfere with the Service
• To use automated systems (bots, scrapers) to access the Service without our prior written consent
• To circumvent any access restrictions, rate limits, or usage quotas
• To resell, sublicence, or redistribute the Service without authorisation

We reserve the right to investigate and take appropriate action against anyone who violates this provision, including removing content, suspending or terminating accounts, and reporting to law enforcement.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavour to provide advance notice where practicable)
• Emergency maintenance or security updates
• Factors outside our control, including internet outages, third-party service failures, natural disasters, pandemics, war, terrorism, government actions or other force majeure events

We are not liable for any loss or damage arising from service unavailability, except where required by the Australian Consumer Law.

10. Termination

11. Limitation of Liability

Subject to Section 4 (Australian Consumer Law), to the maximum extent permitted by law:

• In no event shall Flitch and its related bodies corporate, officers, employees, contractors, agents, suppliers and licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
• Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. To the extent such laws apply, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Flitch and its related bodies corporate, officers, employees, contractors, agents, suppliers and licensors from and against third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) to the extent arising out of or relating to:

• your breach of these Terms;
• your User Content being unlawful, infringing third-party intellectual property rights or breaching any person's privacy;
• your misuse of the Service; or
• your violation of any applicable law.

Your liability under this indemnity is reduced proportionately to the extent that any act or omission of Flitch contributed to the claim.

13. Dispute Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will endeavour to respond within 14 days and work with you in good faith to resolve the issue.

If we cannot resolve the dispute informally within 30 days, either party may commence legal proceedings. Nothing in this section prevents either party from seeking urgent injunctive relief.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any claims against us arising out of or relating to these Terms or the Service.

However, we reserve the right to bring proceedings against you in any other jurisdiction where we consider it necessary or appropriate to protect or enforce our rights, including to obtain injunctive or other urgent relief, to recover amounts owed, or to enforce any judgment or order obtained in Western Australia.

If you access the Service from outside Australia, you are responsible for ensuring that your use of the Service and any data you submit complies with laws that apply to you. We do not represent that the Service is appropriate or available in all countries. We may restrict access to the Service from certain locations or for certain use cases.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, either by posting a notice on the Service or by sending you an email.

What constitutes a material change will be determined at our reasonable discretion. Material changes do not apply retrospectively and will only take effect from the date specified in the notice. If you are a paid subscriber and do not agree to a material change, you may cancel your subscription before the change takes effect and receive a pro-rata refund for any prepaid period affected by the change. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.

16. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect. To the extent permitted by law, the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and Flitch regarding your use of the Service and supersede all prior agreements, representations and understandings relating to the same subject matter.

18. Contact Us

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