Terms of Service
Definitions
| Term | Meaning |
|---|---|
| Service | WingSpanAi’s cloud-based AI platform powered by RAFT™. |
| RAFT™ system | Retrieval-Augmented Fine-Tuned AI that uses Customer data without training the underlying LLMs. |
| Customer / you / your | The legal entity accepting these Terms. |
| User | An authorised individual under your account. |
| User Submission | Any data, prompts, text, media, or configuration you upload. |
| Order | Your subscription form, invoice, or in-app order. |
| Material Breach | Includes non-payment > 30 days, deliberate security exploits, IP misuse, or unauthorised resale. |
| Abuse | Exceeding API Rate Limits (10 000 requests / day / account), scripting excessive traffic, or bypassing controls. |
Service Overview
WingSpanAi provides a subscription-based AI service for internal business use. You retain ownership of your data; we use it solely to operate and support the Service.
Account Responsibilities & Usage Restrictions
Your Responsibilities
- Maintain accurate account information.
- Safeguard User credentials.
- Ensure Users comply with these Terms.
Prohibited Actions
- Reverse-engineer or clone the Service.
- Circumvent security or billing controls.
- Transmit unlawful or abusive content.
- Exceed API Rate Limits (10 000 requests / day / account).
- Use the Service to build a competing product.
Third-Party Services & Integrations
We integrate with platforms (e.g., Firebase, Google Workspace). You must adhere to their SLAs and terms. We disclaim liability for third-party outages or breaches.
Fees, Payments & Refunds
Billing
Fees follow your Order and are invoiced monthly or annually in AUD unless otherwise stated.
Refunds
- We fail to cure our Material Breach within 30 days.
- You cancel an annual plan within 30 days of first purchase.
- The Australian Consumer Law (ACL) or other law mandates a refund.
Late Payments
We may retry payments, suspend access, and apply a 1.5% interest per month on overdue sums.
Term, Termination & Data Access
Duration
This Agreement begins on your subscription date and continues until cancelled or terminated.
Termination
Either party may terminate for a Material Breach (30-day cure period) or by opting out of renewal.
Data Export & Deletion
- Request data export (JSON / CSV) within 30 days: privacy@wingspanai.com.au
- After 30 days, data is purged unless you request earlier deletion.
Warranties & Disclaimers
Our Warranties
- The Service will perform materially as described.
- We will handle personal data in line with our Privacy Policy and DPA.
Disclaimers & AI-Output Notice
- RAFT outputs are probabilistic and may contain inaccuracies or bias. You are responsible for validating any critical decisions derived from AI output.
- The Service is provided “as-is” beyond the warranties above.
- Statutory Guarantees: Nothing in these Terms excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law.
Limitation of Liability
To the maximum extent permitted by law, we're not liable for indirect, special, or consequential damages (e.g., lost profits or data). Our total liability is capped at the fees you paid in the prior 12 months.
Confidentiality
Both parties will keep each other's confidential information private, use it only to fulfill this Agreement, and notify before any compelled disclosures. This obligation survives termination.
Data Protection & RAFT™ Privacy Practices
9.1 Security & Storage
- Data encrypted in transit & at rest (AES‑256)
- Hosted on secure infrastructure: Firebase, Vercel, Pinecone
9.2 RAFT™ Usage
- We do not train general AI models on your data
- RAFT™ uses your context only within your project
9.3 GDPR & International Users
- EU/EEA customers receive GDPR‑compliant processing
- We support data access, portability, and deletion requests
- Contact privacy@wingspanai.com.au
9.4 Subprocessors
- Live list and compliance details: View Subprocessors
9.5 Breach Notification
- We'll notify you and the OAIC within 72 hours of any confirmed data breach.
Dispute Resolution & Governing Law
10.1 Governing Law
This Agreement is governed by the laws of Western Australia.
10.2 International Disputes
For non‑AU users, we'll first attempt:
- Good‑faith negotiation
- Mediation (e.g., Australian Disputes Centre)
- Arbitration in a neutral venue
Data Processing Addendum (DPA)
A separate DPA supplements this Agreement. It covers roles under GDPR, CCPA, and other laws, subprocessor engagement, and Standard Contractual Clauses for international transfers. It is incorporated by reference and takes effect when executed under Section 11 of this document. View the full DPA here:
Support Hours
- Phone:(08) 7744 7779
- Email:support@wingspanai.com.au
- Critical issues: 24×7 (1-hour response)
- Non-critical: Business hours (AET)
Accessibility
If you require this document in an alternative format (e.g., large print, Braille, audio), please contact us at legal@wingspanai.com.au.
General Terms
- Publicity:We may display your logo with permission.
- Force Majeure:No liability for events beyond our control.
- Modifications:We'll provide 30 days' notice for material changes.
- Assignment:You need written consent; we may assign on merger.
- Entire Agreement:Supersedes prior terms; includes our Privacy Policy and DPA.