Effective Date: 5 October 2025
Business Name: TradeFlow AI
ABN: 76615904791
Location: Perth, Western Australia
Contact: [email protected]
1. Acceptance of Terms
By accessing, purchasing, or using any services, products, or materials offered by TradeFlowAI (“we,” “our,” “us”), you (“Client,” “you”) agree to these Terms of Service (“Terms”). If you do not agree, you must not use or continue to use our Services.
These Terms apply to all users, Clients, and visitors of our websites, funnels, and digital systems. They are legally binding upon acceptance, including when you tick an “I agree” box, sign a proposal, submit payment, or continue using our platform.
2. Services Provided
TradeFlowAI provides digital marketing, AI automation, CRM setup, advertising, and consulting services (“Services”). The specific inclusions, deliverables, and pricing are described in your invoice, subscription, or onboarding documentation.
We may reasonably modify, suspend, or discontinue any aspect of the Services to maintain quality or comply with legal or operational requirements. Clients will be notified in advance where possible.
3. Client Responsibilities
You agree to provide accurate and timely information required for delivery. You must obtain approvals for ad creatives, messaging, or campaigns before launch, and maintain active access to ad accounts, CRMs, and domains used for the project.
You must comply with relevant advertising laws and platform policies (Meta, Google, TikTok, etc.) and ensure your internal sales and lead-follow-up processes are functional.
Delays or poor performance caused by missing information, unresponsive communication, ad-account issues, or policy violations are not TradeFlowAI’s responsibility.
4. Payments and Fees
All fees are payable as per your invoice, proposal, or subscription plan. Payments are processed securely through third-party gateways (e.g., Stripe).
All payments are non-refundable once work commences, except where required under Australian Consumer Law (ACL). Payment constitutes approval for TradeFlowAI to begin work.
If a chargeback, reversal, or failed payment occurs, we may suspend all Services immediately. Administrative or interest charges may apply to overdue amounts as permitted by law.
You agree to cover any costs incurred by us in recovering unpaid amounts (including legal fees, collection agency charges, or court costs). By engaging our Services, you agree not to initiate chargebacks or payment disputes for validly delivered Services. Disputes must be resolved directly with TradeFlowAI.
5. Refunds, Cancellations, and Consumer Rights
TradeFlowAI does not guarantee specific business outcomes such as leads, conversions, or revenue. Because digital work begins immediately, refunds are not available once payment has cleared, except for major service failure under the ACL.
Each new client begins with a 3-month starting period to allow full setup and performance tracking. After this period, clients may pause or cancel with written notice. If no booked inspections are generated within this time, the Service continues free until results are achieved, as stated on our website.
In the event of duplicate billing or a direct error, we will promptly issue a correction or credit. Cancellations must be submitted in writing. Any unused retainer or subscription time is forfeited unless otherwise stated in writing.
6. Advertising Spend and Third-Party Costs
You are solely responsible for direct ad spend and platform charges (Meta, Google, TikTok, etc.). We are not liable for ad-account restrictions, bans, or changes to third-party algorithms. Campaign performance can fluctuate due to market conditions and factors outside our control.
You must maintain compliant business and payment information on all linked advertising platforms.
7. Confidentiality
Both parties agree to keep all non-public business, technical, and financial information confidential. Disclosure is permitted only where required by law or with prior written consent of the other party. These confidentiality obligations survive termination.
8. Intellectual Property (IP)
All materials, systems, and templates developed by TradeFlowAI remain our property until full payment is received. Upon full payment, ownership of custom deliverables created solely for you transfers to you.
Pre-built frameworks, AI prompts, scripts, and proprietary systems remain the exclusive IP of TradeFlowAI. Replicating, redistributing, or white-labelling TradeFlowAI’s proprietary systems for resale or client servicing without written consent is strictly prohibited.
You grant TradeFlowAI permission to reference your project for case studies or testimonials unless you withdraw consent in writing.
9. Data and Privacy
Your use of our Services is also governed by our Privacy Policy, available on our website. By engaging us, you consent to the collection and processing of data as described there, including integrations with GoHighLevel, Synthflow, and advertising pixels.
You are responsible for ensuring your own end-clients’ compliance with privacy laws (including obtaining consent for call recordings, marketing, and data collection). TradeFlowAI is not responsible for privacy breaches arising from your misuse of the systems we provide.
10. AI and Automation Disclaimer
AI tools and automation systems (e.g., Synthflow AI Caller, OpenAI integrations) generate outputs based on data patterns and should be reviewed by you before public use. AI results are not guaranteed to be accurate, legally compliant, or error-free.
You assume full responsibility for verifying AI-generated content, messages, and calls before acting on or publishing them. TradeFlowAI disclaims liability for damages, loss of business, or reputational harm caused by reliance on AI outputs.
11. Subcontractors and Partners
TradeFlowAI may engage trusted contractors, employees, or third-party specialists to fulfil aspects of the Services. All subcontractors operate under confidentiality and data-protection obligations equivalent to our own.
12. Indemnification
You agree to indemnify, defend, and hold harmless TradeFlowAI, its directors, employees, agents, and contractors from and against any claim, loss, liability, cost, or expense (including reasonable legal fees) arising out of your breach of these Terms, misuse of our Services, unauthorised use of third-party platforms, or any negligent or unlawful act by you, your employees, or contractors.
This clause continues after termination.
13. Limitation of Liability
To the fullest extent permitted by law, TradeFlowAI shall not be liable for indirect, incidental, or consequential damages, including loss of profit, goodwill, or business opportunity.
Our total liability in any claim will not exceed the total amount paid by you for the specific Service giving rise to the claim. Nothing in these Terms limits rights or remedies available under the Australian Consumer Law where applicable.
14. Termination
We may suspend or terminate Services immediately if you breach these Terms, fail to make timely payment, or engage in unethical, defamatory, or unlawful activity.
You may terminate by written notice, provided all outstanding invoices are paid. Termination does not entitle you to a refund for work already delivered. Upon termination, your access to GHL sub-accounts, automation systems, or shared assets may be revoked.
15. Third-Party Services and Integrations
Our systems rely on third-party providers, including but not limited to GoHighLevel (CRM, automations, and calendars), Synthflow and Twilio (AI calling and telephony), Stripe (payment processing), Meta, Google, and TikTok (advertising and analytics), Zapier and OpenAI (automation and AI infrastructure), ProtonMail (email services), and domain registrars (e.g., Namecheap or Google Domains).
We are not responsible for downtime, outages, data loss, or policy changes caused by these platforms. Use of these integrations means you also agree to their respective terms and privacy policies.
16. Communications and Consent
By using our Services, you consent to receive service-related notifications (billing, onboarding, support) and optional marketing communications, which you may unsubscribe from at any time.
We comply with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
17. Force Majeure
We are not liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, internet outages, cyber incidents, or third-party platform failures.
18. Dispute Resolution
Before starting formal proceedings, both parties agree to attempt to resolve any dispute in good faith through written communication. If unresolved within 30 days, either party may pursue mediation in Perth, Western Australia. Litigation may only commence after mediation, except for urgent relief. Each party bears its own costs unless otherwise decided by the mediator or court.
19. Governing Law
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject exclusively to the jurisdiction of Western Australian courts.
If Services are provided to clients outside Australia, TradeFlowAI retains the right to apply Australian law to the agreement unless otherwise required by mandatory local law.
20. Changes to These Terms
We may update these Terms as required for legal or operational reasons. The latest version will always appear on our website with the updated Effective Date. Continued use of the Services after changes constitutes acceptance of the new Terms.
21. Severability
If any clause of these Terms is found invalid or unenforceable, the remainder shall remain in full force and effect.
22. Entire Agreement
These Terms, together with the Privacy Policy and any signed proposal or statement of work, form the entire agreement between you and TradeFlowAI and supersede all prior discussions or representations.
23. Contact Information
TradeFlow AI
Perth, Western Australia
Email: [email protected]
ABN: 76615904791