Terms of Service

These Terms of Service ("Terms") govern your use of the Club AI Platform at club-ai.com.au (the "Service"), operated by Club AI Pty Ltd ("Club AI", "we", "us", "our") from Victoria, Australia. Please read them carefully.

1. Acceptance

By creating an account, signing in, or using the Service in any way, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a club, pub or other organisation, you confirm that you have authority to bind that organisation to these Terms.

If you do not agree, you must not use the Service.

2. What the Service does

Club AI is a software-as-a-service product for Australian hospitality venues. Your subscription gives you access to:

• Form Builder: design forms, share them with your members or staff, and have a copy of each submission written into your own Google Drive or Microsoft OneDrive as a spreadsheet, with attachments saved to the same drive.
• Margin Calculator: cost your menu items and drinks, with the results mirrored to a spreadsheet in your own drive.
• Function Quotes: turn an enquiry into a branded PDF quote from packages you set up once.
• QR Code Generator: create on-brand QR codes and save them to your own drive.
• Poster Builder: create flyers, job ads, signs and social posts with your real logo and crisp text.
• Connect your own AI: optional setup steps and a suggested prompt so you can point your own AI assistant (such as ChatGPT, Claude, Gemini or Copilot) at the data in your own drive. That AI runs under your own account with that provider, not through us.

We are improving the Service constantly. Features may be added, changed, paused or removed over time. We will give you reasonable notice before removing a material feature your subscription depends on.

3. Account requirements

• You must sign in with a Google account or a Microsoft account. By signing in, you authorise Club AI to access the permissions described in our Privacy Policy, including a folder in your Google Drive or Microsoft OneDrive where your form data is stored.
• You must be at least 18 years old and capable of entering into a binding contract.
• You must provide accurate, current and complete information when you sign up, and keep that information up to date.
• You are responsible for keeping your Google or Microsoft account secure. Anyone with access to that account can use the Service as you.
• One account per individual. Do not share a single login between people; instead, add additional users to your subscription.

4. Subscription, trial, billing and cancellation

4.1 Free trial

New accounts get a 14-day free trial of the Service. You can cancel at any time during the trial and you will not be charged. At the end of the trial, your subscription will begin and you will be billed the monthly fee unless you have cancelled.

4.2 Subscription fee

Club AI is billed as one monthly subscription per venue, priced by the number of sign-ins (seats) you need: AUD $29.95 per month for 1 seat, $69.95 for up to 3 seats, and $99.95 for up to 5 seats, inclusive of GST, billed in advance to the payment method you provide. Larger teams and multi-venue groups can contact us for an enterprise plan. There are no separate AI or usage fees, because any AI analysis runs on your own AI account. We may change the subscription fee from time to time; we will give you at least 30 days’ notice before any price change takes effect on your subscription.

4.3 Auto-renewal

Your subscription renews automatically each month until you cancel. By starting a subscription, you authorise us (through Stripe) to charge your payment method on each renewal date.

4.4 How to cancel

You can cancel your subscription at any time from the Stripe Customer Portal accessible inside the app, or by emailing admin@club-ai.com.au. Cancellation takes effect at the end of your current billing period. You will keep access to the Service until the end of that period.

4.5 Refunds

Subscription fees are non-refundable. We do not provide refunds or credits for partial months, unused features, or periods where your subscription remained active but you chose not to use it. This does not limit any rights you have under the Australian Consumer Law that cannot be excluded.

4.6 Failed payments

If a payment fails, we may retry the charge and may suspend or terminate your access if the payment is not resolved within a reasonable period.

5. Acceptable use

You agree not to use the Service to:

• Send spam, unsolicited bulk messages, or anything that breaches the Spam Act 2003 (Cth) or equivalent laws.
• Harass, threaten, defame, defraud or impersonate any person or organisation.
• Upload, store or distribute content that is illegal under Australian law, infringes someone else's intellectual property, or contains malware.
• Reverse engineer, decompile, scrape or otherwise attempt to extract the source code or training data of the Service, except to the extent that law expressly permits.
• Use the Service to create, store or distribute content that is illegal, harmful, deceptive, sexually explicit involving minors, defamatory, or designed to mislead or manipulate.
• Interfere with, overload or disrupt the Service, our infrastructure or our other users.
• Resell, sublicense or white-label the Service without our written agreement.
• Use the Service to build a competing product, or to train a competing AI model.

We may suspend or terminate any account that breaches this section, with or without notice, depending on the severity of the breach.

6. Your content and your data

6.1 You own your content

You retain all rights in the forms you create, the content you upload to the Service, and the submissions stored in your Google Drive or Microsoft OneDrive. We do not claim ownership of any of it.

6.2 Licence to operate the Service

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process your content solely as needed to provide and improve the Service to you. This licence ends when your content is removed from our systems (subject to the retention windows described in our Privacy Policy).

6.3 Your data in your own drive stays yours

A copy of your submissions and uploaded attachments is written to your own Google Drive or Microsoft OneDrive, under your own account. They are yours. If you cancel your subscription, those files stay in your drive; we do not reach in and delete them. (We also keep submission records in our own database to run the Service; those are handled under our Privacy Policy.)

6.4 You are responsible for what you collect

You are responsible for the content of the forms you build and for handling submissions lawfully. If your forms collect personal information, you are responsible for having any consents, notices and privacy disclosures your members or respondents are entitled to under Australian law.

7. Intellectual property

The Service, including the Club AI brand, website, software, user interface, designs and documentation, is owned by Club AI Pty Ltd and is protected by copyright, trademark and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose while your subscription is active. No other rights are granted by implication.

Feedback you give us about the Service is non-confidential and we may use it without obligation to you.

8. AI features and connecting your own AI

Club AI’s apps follow fixed rules and do not run AI over your content. If you want AI help, you can connect your own AI assistant (such as ChatGPT, Claude, Gemini or Microsoft Copilot) to your data, either through its drive connector or our direct connector. That assistant is a third-party service you access under your own account and that provider’s terms. You agree:

• Any AI you connect is a third-party service. We do not control it, we do not receive your conversations with it, and we are not responsible for its outputs or availability.
• AI outputs can be inaccurate, incomplete or unsuitable. They are suggestions, not professional advice, and are not legal, financial or accounting advice. Rely on a qualified professional for those matters.
• You will review AI outputs before relying on them or sharing them with anyone else, and you will not use a connected AI to produce content that breaches section 5 (Acceptable use).
• We are not liable for decisions you make based on outputs from an AI you connect.

9. Third-party services

The Service integrates with third-party services including Google, Microsoft, Stripe, Vercel, Neon, Resend and others described in our Privacy Policy. If you connect your own AI assistant, that provider is an additional third party governed by its own terms. Your use of those services is subject to their own terms. We are not responsible for the acts or omissions of third-party services beyond our reasonable control.

10. Service availability

We work hard to keep the Service available, but we do not guarantee uninterrupted access. We may need to take the Service down for maintenance, upgrades or in response to security issues. We will give reasonable notice for planned downtime where we can.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, secure, free from harmful components, or that it will meet your specific requirements. We disclaim all implied warranties to the extent the law allows.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement. Where we are permitted to limit our liability for breach of a consumer guarantee, our liability is limited to (at our option) re-supplying the Service or refunding the fees you paid for the period in which the breach occurred.

12. Limitation of liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or business interruption, even if advised of the possibility.
• Our aggregate liability to you arising out of or relating to the Service, in any 12-month period, is capped at the total subscription fees you paid us in the 12 months immediately before the event that gave rise to the claim.

Some of these limitations may not apply to you if your law does not permit them.

13. Indemnity

You agree to indemnify and hold Club AI harmless from any claim by a third party arising out of your breach of these Terms, your misuse of the Service, or content you submit to or generate with the Service in a way that infringes their rights or breaches the law.

14. Termination

14.1 You can leave at any time

You can cancel your subscription and delete your account at any time from inside the app or by emailing admin@club-ai.com.au.

14.2 We may suspend or terminate for breach

We may suspend or terminate your access to the Service, immediately and without refund, if you materially breach these Terms, if your account is being used in a way that poses a security or legal risk, or if we are required to by law. Where the breach is capable of being fixed, we will normally give you a chance to fix it first.

14.3 What happens on termination

On termination, your right to use the Service ends. Your form submissions and uploaded attachments in your own Google Drive or Microsoft OneDrive remain yours and are not deleted by us. Other account data is handled in line with the retention rules in our Privacy Policy.

Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnity, governing law) will survive.

15. Changes to these Terms

We may update these Terms from time to time. When we make a material change, we will update the "Last updated" date above and, where appropriate, notify you by email or via an in-app notice before the change takes effect. Continuing to use the Service after the change means you accept the updated Terms.

16. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. You and Club AI submit to the exclusive jurisdiction of the courts of Victoria, Australia, and the courts competent to hear appeals from those courts, for any dispute arising out of or relating to these Terms or the Service.

17. General

• If any part of these Terms is held unenforceable, the rest stays in effect.
• Our failure to enforce a right under these Terms is not a waiver of that right.
• You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to a related body corporate or in connection with a merger, acquisition or sale of assets.
• These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service.

18. Contact

Questions about these Terms? Email admin@club-ai.com.au.

Club AI Pty Ltd, Victoria, Australia.