Terms and Conditions

1. Definitions

In this Agreement:

• "Services" means the AETOS AI platform, automation builds, funnels, configurations, templates, documents, training and any other deliverables provided by us.
• "Platform" means any portal, dashboard, snapshot, funnel, workflow, database or system we configure, host or operate for you.
• "Client Data" means the customer records, contacts, leads, content and other data you upload to, or generate through, the Platform.
• "Subscription" means the recurring package you have selected and the fee payable for it.
• "Third-Party Platform" means any service we rely on to deliver the Services, including CRM providers, hosting providers, domain registrars, email and SMS carriers, and payment processors.

2. Scope of Services

Depending on the package you select, the Services may include:

• AETOS AI automation systems
• Instant quoting AI agent setup
• CRM configuration
• Lead funnels and client onboarding funnels
• Missed call text back setup
• Chatbot implementation
• Hiring funnel
• Database reactivation campaigns
• Review and referral automations
• Training Academy access
• Complete Growth Document Bundle

Inclusions vary by subscription. The package confirmed in your onboarding or order document sets out exactly what applies to you.

Anything not listed in that document is out of scope. Additional work can be added at any time and will be quoted, agreed and invoiced separately before it commences.

3. Service Basis and Availability

The Services are provided on an "as-is" and "as-available" basis.

We do not warrant that the Services will be uninterrupted, error-free, or fit for a particular purpose beyond what is described in your package.

We may modify, improve or replace features over time, provided we do not materially reduce the core functionality you have paid for during your current billing period.

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

4. Website Ownership and Hosting

Where we build or assist in building your website:

• The completed website remains your property.
• You are responsible for hosting costs, domain registration and platform subscriptions.
• We do not cover or manage third-party hosting fees unless expressly agreed in writing.
• If hosting, domain registration or a required subscription lapses, we are not responsible for resulting outages, data loss or loss of functionality.

Custom frameworks, templates and system architecture used to build the site remain our intellectual property under clause 17.

5. Software Access and Active Subscription

Access to AETOS AI and any associated systems requires an active, paid Subscription.

• Cancellation requires 30 days written notice, given in accordance with clause 33.
• Cancellation does not remove any outstanding payment obligation accrued before the cancellation takes effect.
• Access may be suspended where payment is not made on time.
• Reactivation after suspension or cancellation may incur a setup or reactivation fee.

6. Fees and Payment Terms

6.1 Subscription Fees

You agree to pay the Subscription fee for your selected package, in advance, on the billing cycle confirmed at sign-up. You must keep a valid payment method on file for the duration of the Subscription.

6.2 Setup Fees

Setup fees cover configuration, system architecture, AI builds, funnel construction and onboarding implementation. They compensate us for time, labour and technical configuration, and are payable regardless of business outcomes.

Setup fees are non-refundable once work has commenced.

6.3 Overdue Payments

• Late payments may incur an administrative fee.
• Accounts overdue beyond 7 days may have system access suspended.
• Continued non-payment may result in permanent termination and loss of configurations.
• You remain liable for all fees accrued up to the date of termination.

6.4 Fee Adjustments

We may adjust Subscription pricing with 30 days written notice. Continued use of the Services after the effective date constitutes acceptance of the new pricing.

If you do not accept the revised pricing, you must submit cancellation before the new billing period begins, in accordance with the 30-day notice requirement in clause 5.

6.5 Taxes

All fees are exclusive of GST and any other applicable taxes unless stated otherwise. You are responsible for all taxes, duties and government charges associated with your purchase or use of the Services, including any taxes relating to your own customers.

6.6 Refund Policy

Subject to your rights under the Australian Consumer Law, all payments are non-refundable once the related work has commenced. This includes setup fees, Subscription fees, deposits, build fees, customisation fees, AI rebuild fees and website build fees.

7. Package Upgrades and Downgrades

You may request an upgrade or downgrade at any time. Pricing is adjusted to reflect the change and confirmed in writing before it takes effect.

Where you downgrade:

• Access to higher-tier materials, documents and systems will be removed.
• The change does not reduce or waive any outstanding notice period.
• No partial refund is payable for the current billing period.

8. Messaging and Usage Charges

SMS and email messaging charges are billed directly through your own CRM account with the relevant provider.

• We do not set or control these fees.
• Usage-based costs vary with your sending volume.
• You are responsible for monitoring your usage and maintaining sufficient credit.

9. Digital Number and Missed Call Text Back

Where a digital phone number is activated:

• An additional fee of approximately $10 to $15 per month may apply, billed on top of your Subscription unless billed directly inside your CRM account.
• Activation may require identity verification, business verification, regulatory registration and supporting documentation. Approval timelines are outside our control.
• Carriers may delay, block, filter or fail to deliver messages. We are not liable for carrier decisions or deliverability outcomes.

Activation is optional but recommended.

10. Communications Compliance

You are the sender. You, not AETOS, are the initiator and sender of all SMS, email, calls and automated communications sent through your account.

You are solely responsible for complying with all laws and regulations relating to marketing and telecommunications, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and any equivalent laws applying in the jurisdictions you message into.

This includes consent and opt-in requirements, unsubscribe mechanisms, sender identification and record keeping.

You warrant that every contact you upload or message has given valid consent to receive communications from you.

We do not provide legal advice and do not warrant that your communications are compliant.

11. Instant Quoting AI System

The Instant Quoting system is a custom-built AI agent configured to your pricing and service structure.

• Once built and approved, revisions beyond straightforward pricing adjustments will incur additional fees.
• Structural changes require rebuilding the AI agent, which involves significant time and technical configuration.
• All such fees will be quoted and agreed in writing before any work begins.

12. Growth Bundle

Clients on eligible packages receive access to the Growth Bundle, which may include:

• Hiring funnel
• Employment contracts
• Company policies
• Script documents
• Business planning documents and templates
• Growth systems bundle

These documents are templates provided for your internal business use only. They are general in nature, are not legal or employment advice, and remain subject to clauses 17 and 18. You are responsible for having them reviewed for suitability and compliance in your jurisdiction before use.

13. Account Security and Access Control

• You are responsible for keeping your login credentials confidential and for all activity under your account, whether authorised by you or not.
• Accounts are non-transferable and must not be shared with unauthorised users.
• We may disable access immediately where we reasonably suspect unauthorised use or a security risk.
• You must notify us promptly if you become aware of any unauthorised access.

14. Third-Party Platforms and Dependency

The Services rely on Third-Party Platforms. We are not responsible for outages, policy changes, pricing changes, carrier filtering, deliverability issues, API changes or functionality limitations caused by those providers.

Where a Third-Party Platform changes its pricing, functionality, API access or policies, we may modify or discontinue dependent features without liability. Where practical, we will give you reasonable notice and work with you on an alternative.

You are responsible for complying with the terms, verification requirements and acceptable use policies of any Third-Party Platform used in your systems.

15. Client Data, Backups and Deletion

You retain ownership of your Client Data at all times.

• You are responsible for maintaining your own backups.
• We are not liable for deletion, corruption or loss of Client Data arising from Third-Party Platforms, user error, integrations or account changes.
• You may request an export of your Client Data before your final paid period ends, and we will arrange it.
• On cancellation, we may remove access and delete configurations after a reasonable period.
• Retrieval or export requested after cancellation may incur an administration fee, and may not be possible once data has been deleted.

16. Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of this Agreement.

In relation to your customers' personal information, you are the data controller and we act as your data processor, handling that information on your instructions solely to operate the systems we build for you.

You are responsible for having a lawful basis to collect your customers' information and for maintaining your own customer-facing privacy notice.

17. Intellectual Property and Confidentiality

All systems, frameworks, templates, AI structures, prompts, scripts, workflows, snapshots, documents, training materials and internal processes remain our intellectual property.

You receive a non-exclusive, non-transferable, revocable licence to use them within your own business for the duration of your Subscription.

You must not:

• Share internal documents externally
• Replicate our systems for third-party resale
• Reverse engineer, decompile or attempt to derive our AI frameworks
• Provide access to unauthorised third parties
• Distribute training materials

Each party must keep the other's confidential information confidential and use it only for the purposes of this Agreement.

Breach of this clause may result in immediate termination and legal action.

18. Content Repurposing Restrictions

You must not repurpose, reproduce, teach, summarise, repackage or redistribute our training materials, frameworks, scripts, AI structures or methodologies as your own content, on any platform, in any paid program, coaching offer, or otherwise.

This includes, without limitation:

• Re-teaching Academy frameworks
• Recreating proprietary scripts
• Repurposing internal documents as public-facing content
• Presenting our methodologies as original ideas

You may apply the concepts within your own business operations. You may not commercially exploit or publicly redistribute our intellectual property in any format.

Breach of this clause may result in immediate termination and legal action.

19. Non-Solicitation and Non-Circumvention

During the term of this Agreement and for 12 months after it ends, you agree not to:

• Solicit or hire our team members or contractors without our written consent.
• Bypass us to obtain proprietary builds, templates, agents or system structures from suppliers or contractors introduced to you through our work.

These restrictions apply only to the extent reasonably necessary to protect our legitimate business interests, and are severable under clause 36 if a court finds any part unreasonable.

20. Injunctive Relief

You acknowledge that unauthorised disclosure or misuse of our intellectual property or confidential information may cause irreparable harm that damages alone cannot remedy.

We may therefore seek urgent injunctive relief in addition to any other remedy available to us at law.

21. Client Responsibilities

You agree to:

• Provide requested information, assets and access promptly
• Review builds in a timely manner
• Approve revisions without unreasonable delay
• Maintain valid and current payment details
• Ensure the accuracy of any pricing, service or business information you supply to us
• Comply with all applicable employment, marketing, privacy and consumer laws in your operation of the systems

Delays caused by you do not extend, pause or reduce your payment obligations.

22. Communication Expectations

You must respond within a reasonable timeframe so builds and automations can be implemented efficiently.

Failure to respond does not pause billing.

23. Implementation Timelines and Delays

Implementation timelines depend on timely cooperation from you. Any dates we provide are estimates, not guarantees.

If you do not provide required information, approvals, documentation or feedback within 14 days of our request:

• The project may be delayed.
• Billing continues as normal.
• Re-engagement after a prolonged delay may incur additional fees.

We are not responsible for missed launch dates caused by client inaction.

24. Abandoned Projects

If you become unresponsive for 30 consecutive days during setup:

• The project will be marked as abandoned.
• Setup fees remain payable.
• Restarting the project may incur a reactivation fee.

25. Revisions and Turnaround Times

Standard revision turnaround is 3 to 7 business days unless otherwise agreed in writing.

We do not guarantee same-day or immediate turnaround on changes.

26. Support Scope

Your Subscription includes reasonable email or video-based support relating to the use of your systems, during business hours (Monday to Friday, 9:00 AM to 5:00 PM AEST).

It does not include unlimited consulting, strategic coaching or business advisory unless expressly included in your package.

Excessive or out-of-scope support requests may require a package upgrade or additional consulting fees, quoted and agreed in advance.

27. Training Disclaimer

Training content is general information only. It is not legal, financial, employment or tax advice.

You are responsible for determining its suitability for your business and for compliance in your jurisdiction, and should obtain your own professional advice before relying on it.

28. No Performance Guarantees

We provide systems, automation and strategic infrastructure. We do not guarantee:

• Revenue increases
• Lead volume
• Hiring outcomes
• Conversion rates
• Any specific financial or client acquisition result

Results depend on your execution, pricing, leadership, offer and market conditions, which are outside our control.

29. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill, business opportunity or data.
• Our total aggregate liability arising out of or in connection with this Agreement is limited to the total fees you paid us in the three months immediately preceding the event giving rise to the claim.
• Where liability cannot be excluded under the Australian Consumer Law, our liability is limited, at our option, to resupplying the relevant service or paying the cost of having it resupplied.

You agree to indemnify us against any claim arising from your breach of clause 10, your Client Data, or your use of the Services in breach of this Agreement or applicable law.

30. Non-Disparagement

You agree not to make false, misleading or defamatory statements about AETOS or the Services.

Constructive concerns must first be raised with us privately and in writing so we have a fair opportunity to resolve them.

Nothing in this clause prevents you from making a genuine, honestly held statement of opinion, reporting a matter to a regulator, or exercising any right you have at law.

31. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including platform or carrier outages, cyber incidents, internet failures, natural disasters, pandemics, industrial action or government action.

Where such an event continues for more than 30 days, either party may terminate this Agreement on written notice.

32. Termination

32.1 Termination by You

You may cancel your Subscription at any time by giving 30 days written notice under clause 33.

32.2 Termination by Us

We may suspend or terminate access where:

• Payments are repeatedly late or remain unpaid
• The Services or Platform are misused
• Our intellectual property or confidentiality obligations are breached
• Abusive, threatening or unlawful behaviour occurs
• We elect to discontinue the Services, in which case we will give you 30 days written notice and refund any prepaid fees for services not yet delivered

32.3 Effect of Termination

On termination, access to the Platform ends, all outstanding fees become immediately payable, and clauses identified in clause 37 continue to apply.

33. Notices

All notices under this Agreement, including cancellation, must be given in writing.

Notices to us must be sent through the contact details published at connect.growthbyaetos.com/contact-us. Notices to you will be sent to the email address on your account.

A notice is effective when received. Notices sent by email are taken to be received on the next business day after sending, unless we are notified of a delivery failure.

34. Dispute Resolution

If a dispute arises, the parties agree to follow this process before commencing proceedings:

• The party raising the dispute must give written notice describing the issue and the outcome sought.
• Both parties will meet, in person or by video, within 14 days of that notice and negotiate in good faith.
• If the dispute is not resolved within 30 days, either party may refer it to mediation administered by a recognised Australian dispute resolution body, with costs shared equally.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief.

35. Governing Law and Jurisdiction

This Agreement is governed by the laws of Australia.

Each party submits to the non-exclusive jurisdiction of the courts of Australia and any courts competent to hear appeals from them.

36. General Provisions

36.1 Assignment

You may not assign or transfer this Agreement without our written consent. We may assign this Agreement to a related entity or in connection with a sale or restructure of our business.

36.2 Severability

If any provision is found invalid or unenforceable, it is severed to the minimum extent necessary and the remainder of this Agreement continues in force.

36.3 Waiver

A failure or delay in enforcing any right under this Agreement is not a waiver of that right.

36.4 Variation

We may update this Agreement from time to time. The current version will always be published on this page with its effective date, and material changes will be notified to active clients. Continued use of the Services after the effective date constitutes acceptance.

36.5 Relationship

Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between the parties.

37. Survival

The following clauses survive termination of this Agreement: 6 (Fees and Payment Terms), 15 (Client Data), 17 (Intellectual Property and Confidentiality), 18 (Content Repurposing Restrictions), 19 (Non-Solicitation and Non-Circumvention), 20 (Injunctive Relief), 29 (Limitation of Liability), 34 (Dispute Resolution) and 35 (Governing Law and Jurisdiction), together with any other clause that by its nature is intended to survive.

38. Entire Agreement

This Agreement, together with your onboarding or order document and our Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior discussions, proposals and representations.

Where there is any inconsistency, the signed onboarding or order document prevails to the extent of that inconsistency.