Terms of Service

1. Definitions

"AiMe", "Platform", "we", "us", "our" means CLEARBYTE.AU and the AiMe AI Marketing Manager Enterprise platform.

"User", "you", "your" means the individual or entity that has registered for and/or uses the Platform.

"AI-Generated Content" means any content produced by the Platform's artificial intelligence features, including written copy, images, video clips, video productions, and marketing campaigns.

"Autonomous Actions" means platform operations executed automatically on your behalf under settings you have configured, including autonomous content publishing, campaign execution, and social media engagement.

2. Acceptance of Terms

By registering an account, accessing the Platform, clicking "I Agree," or otherwise using the Services, you enter into a legally binding agreement with CLEARBYTE.AU on these Terms. These Terms incorporate our Privacy Policy.

3. Eligibility

To use the Platform, you must be at least 18 years of age, have the legal capacity to enter a binding contract in your jurisdiction, and not be prohibited from using the Platform under applicable law.

4. Account Registration

You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. We record the date, time, and version of these Terms accepted at registration — this constitutes evidence of your agreement.

5. Subscription Plans and Billing

The Platform is offered on Trial (14-day free), Growth ($79/month), Pro ($149/month), and Enterprise (custom) plans. Subscriptions are billed monthly in advance via Stripe. Prices are in Australian Dollars (AUD) and exclude applicable taxes. Cancellation takes effect at end of the current billing period with no partial-period refunds, except where required by applicable consumer protection law. We will provide at least 30 days' notice of any price increase.

6. Permitted Use

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business marketing purposes.

7. Prohibited Use

You must not use the Platform for any of the following. Violation may result in immediate account termination without refund.

7.1 Illegal Activity

Any activity that is unlawful or that facilitates unlawful activity, including fraud, phishing, money laundering, violations of anti-spam laws (Spam Act 2003, CAN-SPAM, CASL, GDPR), or circumvention of third-party platform terms of service.

7.2 Prohibited Content

You must not create, distribute, promote, or facilitate:

• Sexually explicit content — including pornographic material or sexual services advertising, regardless of legality in your jurisdiction
• Illicit drugs and controlled substances — promotion, sale, or distribution of illegal drugs, unlicensed prescription medications, or drug paraphernalia
• Weapons and firearms — unlicensed promotion, sale, or distribution of firearms, ammunition, or explosives
• Hate speech and discrimination — content promoting or inciting hatred or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or nationality
• Harassment and abuse — content designed to intimidate, threaten, or harm any individual
• Misinformation — deliberately false or misleading health, medical, financial, or electoral information
• Content targeting minors — commercial content directed at children under 13, or age-restricted content promoted to minors

7.3 Platform Abuse

You must not attempt unauthorised access to the Platform, reverse engineer any part of the Platform, resell or sublicense access without written consent, or use automated tools to scrape data from the Platform.

8. AI-Generated Content

You are solely responsible for reviewing, approving, and taking responsibility for any AI-Generated Content that you publish, distribute, or rely upon. AI systems are inherently probabilistic and may produce inaccurate, incomplete, or unsuitable output. AI-Generated Content does not constitute legal, financial, medical, or professional advice.

9. Autonomous Operations

You are solely responsible for all Autonomous Actions executed under your Account. By enabling Autonomous Operations, you authorise the Platform to take actions on your behalf — including publishing content publicly, contacting leads, and executing campaigns — in accordance with your configuration. We are not responsible for outcomes resulting from Autonomous Actions you have enabled and configured.

10. Intellectual Property

The Platform and all related technology are the proprietary intellectual property of CLEARBYTE.AU. You retain ownership of content you upload or generate. You grant CLEARBYTE.AU a limited licence to process your content solely to deliver the Services. We do not use your content to train AI models.

11. Data and Privacy

Your use of the Platform is subject to our Privacy Policy. We do not sell your personal data. Your data is processed for the purpose of delivering the Services you have subscribed to.

12. Third-Party Services

The Platform integrates with third-party services including Stripe, Google Gemini, Anthropic Claude, OpenAI, Stability AI, RunwayML, Pika Labs, Kling AI, Shotstack, Twilio, Cloudflare, and WordPress.com. Your use is also subject to each provider's terms. We are not responsible for the availability or conduct of third-party providers.

13. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. We expressly disclaim all warranties including merchantability, fitness for a particular purpose, accuracy of AI output, uninterrupted availability, and any guarantee of marketing results, lead generation, conversion rates, or revenue growth.

Nothing in these Terms excludes any guarantee or warranty that cannot be excluded under Australian Consumer Law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARBYTE.AU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including loss of profits, revenue, business opportunity, goodwill, or data.

CLEARBYTE.AU'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

We are not liable for loss arising from the accuracy of AI-Generated Content, Autonomous Actions under your configuration, or third-party service failures. Nothing here excludes any right or remedy under Australian Consumer Law that cannot lawfully be excluded.

15. Indemnification

You agree to indemnify and hold harmless CLEARBYTE.AU from any claims, damages, costs, and expenses arising from your use of the Platform in violation of these Terms, content you publish through the Platform, Autonomous Actions executed under your account, or your violation of any applicable law or third-party right.

16. Geographic Compliance

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations in every jurisdiction in which you operate or into which you direct marketing activities. This includes Australia (Spam Act 2003, Privacy Act 1988), United Kingdom (UK GDPR, PECR), European Union (GDPR), United States (CAN-SPAM, CCPA, TCPA), and Canada (CASL, PIPEDA). We do not provide legal advice regarding compliance in any jurisdiction.

17. Account Suspension and Termination

You may close your account at any time through Account settings. We may suspend or terminate your account immediately if you breach these Terms, use the Platform for prohibited purposes, or if we are required to do so by law. Upon termination, access ceases immediately and prepaid fees are non-refundable except as required by law. Domain names registered through the Platform remain registered in your name; transfer codes provided within 48 hours of request.

18. Affiliate Programme

AiMe operates a voluntary affiliate programme that allows registered users to earn commissions by referring new paying subscribers.

Commission Structure

• Rate — the current commission rate (as published on the Affiliate Programme page within the platform) of net subscription revenue (gross payment less Stripe processing fees) per referred subscriber, recurring monthly while the subscriber remains active.
• Qualifying referrals — a referral is qualifying when the referred user registers via your unique referral link and converts to a paid subscription.
• Refund window — commissions enter a 30-day pending period from the date of payment to allow for the refund and chargeback window. Pending commissions may be voided if the referred subscriber cancels or a refund is issued within this period.

Payout

• Approved commissions are paid manually on the 1st of each calendar month via bank transfer or PayPal.
• To receive payouts, you must register valid payment details with ClearByte.AU by emailing info@clearbyte.au.
• Minimum payout threshold: AUD $20.00. Balances below this threshold roll over to the following month.
• ClearByte.AU reserves the right to withhold payment pending identity verification if required by applicable law.

Programme Rules

• No self-referrals — you may not use your own referral link to create accounts or receive commissions on your own subscription.
• One account per person — creating multiple accounts to generate artificial referrals is prohibited and will result in immediate account termination and forfeiture of all earnings.
• No misrepresentation — you must not make false or misleading claims about AiMe when promoting your referral link.
• Programme modifications — ClearByte.AU may modify commission rates, payout terms, or discontinue the programme with 30 days written notice to active affiliates.
• Termination — ClearByte.AU may terminate your participation in the affiliate programme at any time for breach of these rules, with forfeiture of unpaid commissions in cases of fraud or abuse.

19. Changes to the Platform and These Terms

We may update these Terms at any time. For material changes, we will update the "Last Updated" date, notify you by email, and display a notice requiring re-acceptance. Your continued use after the effective date constitutes acceptance.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. Disputes are subject to good-faith negotiation (30 days), then mediation via the Australian Disputes Centre, then litigation in the courts of New South Wales, Australia. To the extent permitted by law, disputes are resolved on an individual basis — no class actions.

21. Contact Information

CLEARBYTE.AU
DOOLEY TWO PTY LTD BEACON HILL NSW
673 088 385
Email: info@clearbyte.au
Response time: 5 business days