The Agreement
This Client Services Agreement ("Agreement") is entered into between FinalPiece AI ("Provider", "we", "us", or "our") and the client identified in the relevant Order Form, proposal, or invoice ("Client", "you", or "your").
By purchasing, accessing, or using any FinalPiece AI services, the Client agrees to be bound by this Agreement.
Definitions
"Services" means any software, platform access, tools, development, configuration, automation, artificial intelligence, consulting, support, or related services provided by FinalPiece AI to the Client, as described in one or more Order Forms.
"Platform" means the FinalPiece AI proprietary software platform and any associated tools, features, modules, or functionality made available to the Client.
"Order Form" means any proposal, quote, invoice, scope of work, or written document issued by FinalPiece AI that describes the specific Services, pricing, and terms applicable to the Client. Each Order Form is incorporated into and governed by this Agreement.
"Client Data" means all data uploaded, stored, entered, or processed by the Client or its users within the Platform or in connection with the Services.
"Deliverables" means any work product, output, or assets created by FinalPiece AI for the Client as part of the Services, such as websites, configurations, automations, or custom development, as specified in the applicable Order Form.
Services
FinalPiece AI agrees to provide the Services described in the Client's Order Form(s). The scope, features, pricing, and configuration of Services may vary between Order Forms.
Additional Services may be added at any time through a new Order Form, without requiring a new Agreement. All Order Forms are governed by this Agreement.
Ownership of Platform
The Client acknowledges and agrees that:
- The Platform is proprietary software owned exclusively by FinalPiece AI.
- This Agreement grants the Client a limited, non-exclusive, non-transferable right to use the Platform and Services during the applicable subscription or service term.
- No ownership, intellectual property rights, or system rights are transferred to the Client unless expressly stated in an Order Form.
- The Client may not copy, resell, reverse engineer, sublicense, or commercially exploit the Platform without prior written consent.
Deliverables
Where Services include the creation of Deliverables, the following applies unless otherwise specified in the Order Form:
- FinalPiece AI retains ownership of all underlying code, frameworks, templates, and proprietary tools used in the creation of Deliverables.
- Upon full payment, the Client is granted a licence to use the Deliverables for their intended business purpose.
- Deliverables hosted on or dependent on the Platform require an active subscription to remain functional.
- The Client will be given reasonable opportunity to review and accept Deliverables. Feedback should be provided within the timeframe outlined in the Order Form. Silence beyond this period constitutes acceptance.
Client Data & Data Responsibility
Client ownership of data
The Client retains ownership of all Client Data.
Client responsibility
The Client is solely responsible for:
- The accuracy, legality, and integrity of Client Data
- Obtaining consent to store, process, and communicate with contacts
- Compliance with applicable privacy, spam, and data protection laws
- Maintaining backups where required for business continuity
Data liability limitation
To the maximum extent permitted by law, FinalPiece AI shall not be liable for:
- Loss, corruption, or deletion of Client Data
- Data breaches originating from Client systems, credentials, integrations, or third-party tools
- Improper use of data by the Client or its users
FinalPiece AI will implement commercially reasonable security measures but does not guarantee uninterrupted or error-free data storage.
Third-Party Integrations
The Services may integrate with or depend upon third-party applications, platforms, or tools. FinalPiece AI:
- Does not control third-party services
- Is not responsible for outages, changes, pricing, or functionality of third-party integrations
- Is not liable for data handling performed by third parties
Client use of integrations is subject to those providers' terms.
Fees & Payment
The Client agrees to pay all fees outlined in the applicable Order Form. Unless otherwise stated:
- Subscription fees are billed in advance on a recurring basis
- Project fees are billed as specified in the Order Form (e.g., upfront, milestone-based, or upon completion)
- Payments are non-refundable except as expressly stated in this Agreement
- Late payments may result in suspension of Services
- FinalPiece AI may update pricing with reasonable notice at renewal
30-Day Satisfaction Guarantee
FinalPiece AI offers a 30-day satisfaction guarantee on subscription-based Services, commencing from the service start date. If the Client is not satisfied:
- The Client must submit a written cancellation request within 30 days of the service start date
- FinalPiece AI will provide a refund of subscription fees paid for that period
- Setup fees, onboarding fees, project fees, advertising spend, third-party costs, and completed custom work are excluded from the guarantee unless otherwise agreed in writing
After 30 days, standard billing terms apply.
Acceptable Use
The Client agrees not to use the Platform or Services to:
- Send spam or unsolicited communications
- Violate privacy or marketing laws
- Store unlawful or harmful content
- Attempt unauthorised system access
- Interfere with platform performance or security
FinalPiece AI may suspend accounts that violate this clause.
Availability & Support
FinalPiece AI will use reasonable efforts to maintain Platform availability but does not guarantee uninterrupted service. Maintenance, updates, outages, or external provider issues may impact availability. Support is provided via channels communicated during onboarding or as specified in the Order Form.
Limitation of Liability
To the maximum extent permitted by law:
- FinalPiece AI's total liability under this Agreement shall not exceed the fees paid by the Client in the preceding 3 months
- FinalPiece AI shall not be liable for indirect, consequential, loss of profit, loss of opportunity, or business interruption damages
- The Client acknowledges that software platforms and technology services inherently involve operational risk
- Nothing in this Agreement excludes liability that cannot legally be excluded under Australian law
Indemnity
The Client agrees to indemnify and hold harmless FinalPiece AI against claims arising from: Client Data; Client communications or campaigns; breach of laws or regulations by the Client; or misuse of the Platform or Services.
Term & Termination
This Agreement remains in effect for as long as any active Order Form exists between the parties. Individual Order Forms may have their own subscription terms and renewal conditions as specified within them. Subscription-based Services automatically renew unless cancelled with the required notice as stated in the Order Form.
FinalPiece AI may suspend or terminate access for:
- Non-payment
- Breach of this Agreement
- Security or legal risk
Upon termination, access may be revoked. Data retention periods and export options will be communicated at the time of termination.
Confidentiality
Both parties agree to keep confidential information private and not disclose it to third parties except as required to deliver the Services or as required by law.
Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
Artificial Intelligence Disclaimer
The Services may include artificial intelligence features, including but not limited to AI-powered voice agents, chat agents, content generation, and automated decision-making tools ("AI Features"). The Client acknowledges and agrees that:
- AI Features generate outputs based on algorithms, models, and data inputs, and such outputs are not guaranteed to be accurate, complete, or error-free
- The Client is solely responsible for reviewing, verifying, and approving all AI-generated content, communications, and actions before or after they are delivered to the Client's customers, contacts, or third parties
- FinalPiece AI shall not be liable for any loss, damage, claim, or liability arising from the Client's reliance on, or failure to review, AI-generated outputs
- AI models and capabilities may change, be updated, or be discontinued at any time without prior notice
- The Client is responsible for ensuring that the use of AI Features complies with all applicable laws, regulations, and industry standards, including those related to consumer protection, privacy, and disclosure of AI-generated content
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:
- Natural disasters, acts of God, fire, flood, earthquake, or extreme weather events
- Epidemics, pandemics, or public health emergencies
- War, terrorism, civil unrest, sanctions, or government actions
- Failure, outage, or disruption of third-party infrastructure, hosting providers, cloud services, telecommunications networks, or API providers
- Cyberattacks, including distributed denial-of-service attacks, ransomware, or other malicious activity
- Power outages or internet service disruptions
- Changes in law or regulation that materially impact the provision of Services
The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable efforts to mitigate the impact of the force majeure event. If the event continues for more than 60 days, either party may terminate the affected Order Form(s) without liability.
General
- This Agreement, together with all Order Forms, constitutes the entire agreement between the parties
- Order Forms form part of this Agreement and are governed by it
- In the event of a conflict between this Agreement and an Order Form, the Order Form prevails to the extent of the inconsistency
- Amendments to this Agreement must be in writing
- If any clause is found to be invalid, the remainder of the Agreement remains enforceable
- FinalPiece AI may update this Agreement from time to time with reasonable notice to the Client
Contact
Questions about these Terms? Contact us at team@finalpiece.ai.