Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BitBit platform ("Service"), operated by BitBit Pty Ltd (ABN pending), a company registered under the laws of Queensland, Australia ("we", "us", "our"). By accessing or using the Service you agree to be bound by these Terms.

BitBit is a software-as-a-service platform that provides AI-powered operations automation and personal assistance. The Service is offered in two tiers:

• Bit (Lite): A personal AI assistant for individuals, sole traders, and small operators, providing everyday task management, reminders, light business communications, and invoicing.
• BitBit (Full): A full business AI operating platform for agencies, businesses, and enterprise clients, including but not limited to: client communications, channel triage, revenue operations, proposal generation, lead management, tender discovery, and onboarding workflows.

The specific features available to you depend on your subscription tier and the agent packages activated for your account.

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials. Each subscription is tied to an organisation ("Org") and may include multiple users as permitted by your plan tier.

• Subscriptions are billed monthly in advance via Stripe.
• Prices are in AUD unless otherwise stated and are exclusive of GST.
• We may change pricing with 30 days written notice.
• Failure to pay may result in suspension of access. We will provide 7 days notice before suspending an account for non-payment.
• The Service is priced on a per-agent package basis. Your subscription covers the specific agent packages activated for your account. Adding or removing agent packages mid-billing-cycle will be reflected in the following billing period unless otherwise agreed in writing.
• Free trial periods, where offered, automatically convert to paid subscriptions at the end of the trial unless cancelled before the trial period expires.

• You retain ownership of all data you upload to the Service ("Your Data").
• You grant us a limited licence to process Your Data solely for the purpose of providing the Service, including processing by third-party AI models (Anthropic Claude).
• We store Your Data in Supabase infrastructure located in the ap-southeast-2 (Sydney) region. See our Privacy Policy for details.
• On termination, you may export Your Data within 30 days. After that period we may delete it.

The Service uses large language models to generate content, classify messages, and automate workflows. AI outputs are provided "as-is" and may contain errors. You are responsible for reviewing AI-generated content before acting on it. We do not guarantee the accuracy, completeness, or suitability of AI outputs.

The Service includes autonomous AI agents that may take actions on your behalf, including but not limited to: sending emails, SMS messages, and WhatsApp messages; creating and sending invoices; booking calendar appointments; creating and assigning tasks; and submitting forms or content to connected third-party services ("Autonomous Actions").

Authorisation

By enabling autonomous agent features and configuring autonomy settings within the Service, you expressly authorise BitBit to take Autonomous Actions on your behalf. You acknowledge that you remain solely responsible for all Autonomous Actions taken by the Service under your account, including their content, timing, and consequences.

Approval Queue

The Service includes a human approval queue ("BitBit Gate") that routes certain Autonomous Actions for your review before execution. You may configure the level of autonomy granted to each agent. Where you elect to operate in "Autopilot" mode or activate a delegation mandate for a specific entity, you acknowledge that Autonomous Actions for that entity or domain may be executed without your prior approval.

Your Responsibility

You are responsible for: (a) configuring autonomy settings appropriately for your use case; (b) monitoring Autonomous Actions via the activity feed and audit trail; (c) the accuracy and legality of all content sent or submitted by the Service on your behalf; and (d) ensuring that Autonomous Actions comply with all applicable laws including the Spam Act 2003 (Cth) and equivalent legislation.

Limitation

We are not liable for any loss, damage, or claim arising from an Autonomous Action taken in accordance with your configured autonomy settings. Where an Autonomous Action is taken contrary to your configured settings due to a platform error, our liability is limited as set out in Section 9.

The Service may send emails, SMS messages, and messages via third-party messaging platforms (including WhatsApp) on your behalf to your contacts and clients ("Outbound Communications").

• You warrant that you have a lawful basis to send each Outbound Communication and that all recipients have consented to receive commercial electronic messages from you where required by the Spam Act 2003 (Cth) or equivalent legislation.
• You must not use the Service to send unsolicited commercial messages, bulk marketing communications, or any content that violates applicable anti-spam, anti-harassment, or consumer protection laws.
• The Service enforces daily send limits per account to prevent abuse. These limits may be adjusted based on your subscription tier. Exceeding these limits may result in temporary suspension of outbound capabilities.
• All Outbound Communications are sent on your behalf and you remain the sender of record for all legal and compliance purposes.

The Service allows you to connect third-party accounts and services including but not limited to Gmail, Outlook, WhatsApp, Xero, Asana, Slack, Google Calendar, Stripe, and others ("Connected Services").

• By connecting a third-party service, you warrant that you are authorised to grant BitBit access to that account and that doing so does not violate the terms of service of the third-party provider.
• When the Service takes actions within a Connected Service on your behalf, it acts as your agent. You remain responsible for all actions taken within your Connected Service accounts.
• We are not responsible for any loss of access to, or changes in functionality of, Connected Services caused by the third-party provider.
• You may disconnect any Connected Service at any time via your account settings. Disconnection does not delete historical data already processed by the Service.

The Service processes communications and builds knowledge profiles ("Contact Profiles") about your clients, contacts, and other third parties ("Contacts") from data ingested through your Connected Services and direct interactions.

• You warrant that you have a lawful basis under the Privacy Act 1988 (Cth) (and the GDPR where applicable) to provide and process your Contacts' personal information through the Service.
• In processing your Contacts' data, we act as a data processor on your instructions. You are the data controller for all Contact data processed through your account.
• You are responsible for ensuring that your use of Contact Profiles complies with applicable privacy laws, including providing appropriate notices to Contacts where required.
• Contact Profiles are retained for the duration of your subscription and deleted (subject to financial record retention requirements) within 30 days of account termination.

You must not:

• Use the Service for any unlawful purpose.
• Attempt to reverse-engineer, decompile, or extract source code.
• Transmit malware, spam, or content that infringes third-party rights.
• Exceed the usage limits of your subscription tier.
• Share account credentials with unauthorised parties.

All rights in the Service (excluding Your Data) remain with us. "BitBit" and associated logos are our trademarks. Nothing in these Terms grants you rights to use our trademarks without prior written consent.

Content generated by the Service's AI agents using Your Data — including proposals, invoices, scripts, reports, and other outputs ("Generated Content") — is owned by you, subject to: (a) the underlying AI model provider's terms of service; and (b) our right to use anonymised, aggregated data to improve the Service. We make no representations as to the originality or intellectual property status of Generated Content, and you are responsible for ensuring Generated Content does not infringe third-party rights before use.

To the maximum extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), our total liability for any claim arising from the Service is limited to the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages.

You agree to indemnify and hold us harmless from claims arising from your use of the Service, your breach of these Terms, or your violation of any applicable law.

Either party may terminate a subscription with 30 days written notice. We may immediately suspend access if you breach these Terms. Upon termination, your right to use the Service ceases and the data export period in Section 5 applies.

These Terms are governed by the laws of Queensland, Australia. Any disputes shall be submitted to the exclusive jurisdiction of the courts of Queensland.

We may update these Terms from time to time. We will notify you via email or in-app notification at least 14 days before changes take effect. Continued use of the Service after changes constitutes acceptance.

We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, pandemic, government action, failure of third-party infrastructure or service providers (including AI model providers, cloud hosting providers, and payment processors), or internet outages. We will notify you as soon as reasonably practicable of any such event and will resume performance as soon as possible.

The Service or certain features within it may be made available on a beta or pre-release basis ("Beta Features"). Beta Features are provided for evaluation purposes and may be incomplete, contain errors, or change significantly before general availability. Beta Features are provided "as-is" without warranty of any kind. We may discontinue Beta Features at any time without notice. Your use of Beta Features is at your sole risk.

For questions about these Terms, contact us at legal@bitbit.au.