Terms of Service
Effective Date: 15 August 2025
Last Updated: 15 August 2025
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1. Agreement to Terms
These Terms of Service (“Terms”) govern your use of BluSkai’s website, products, and services (“Services”), and also apply to partnership arrangements where relevant.
By accessing or using our Services, or by entering into a partnership agreement with us, you agree to be bound by these Terms.
If you do not agree, you may not use our Services.
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2. Services Provided
We provide AI-driven solutions to businesses to help increase sales, reduce costs, streamline processes, and increase profits. Our AI may interact with your customers and staff via SMS, voice calls, emails and other digital channels.
In certain partnership arrangements, we may:
• Fully fund, build, manage, and train AI bots.
• Conduct an initial test campaign to your existing client database with the possibility of extending upon mutual agreement.
• Appoint a staff member to act as the primary contact for the partnership.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time.
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3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms.
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4. Client Responsibilities
You agree to:
• Provide accurate and complete information for service setup and delivery.
• Ensure you have the right to share any data or customer information you provide to us.
• Comply with all applicable laws, including privacy, marketing, and communications regulations in your jurisdiction.
• Obtain consent from your customers where required by law before using our AI solutions to communicate with them.
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5. Intellectual Property
• All content, software, designs, and materials we provide remain our property or that of our licensors.
• You are granted a limited, non-exclusive, non-transferable license to use our Services for your business purposes only.
• You may not copy, modify, reverse-engineer, or distribute our intellectual property without our written permission.
• Each party retains ownership of its respective intellectual property.
• Any of your existing promotional materials that we modify for a campaign remain your property.
• Any marketing copy, emails, letters, or other materials we create independently to obtain leads/sales or for any other purpose remain our property unless rights are purchased separately.
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6. Data & Privacy
• We process personal information in accordance with our Privacy Policy.
• You acknowledge that our AI services may process customer and staff data on your behalf, and you are responsible for ensuring lawful data collection and consent.
• We will protect the proprietary and confidential information you provide to us and will not share it outside our organization except where required to deliver services or by law.
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7. Prohibited Uses
You agree not to:
• Use our Services for unlawful, harmful, or fraudulent activities.
• Send spam, phishing messages, or unsolicited communications in violation of applicable laws.
• Use the Services to harass, abuse, or harm others.
• Attempt to gain unauthorized access to our systems.
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8. Service Availability
We strive for high service uptime but do not guarantee uninterrupted access.
We are not liable for downtime caused by internet outages, third-party providers, or events outside our control.
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9. Fees & Payments
• You agree to pay all fees as set out in your agreement or subscription plan.
• Payments are due in accordance with the agreed billing cycle.
• Failure to pay may result in suspension or termination of Services.
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10. Disclaimers
• Our Services are provided “as is” without warranties of any kind, whether express or implied.
• We do not guarantee specific results, sales increases, or performance improvements.
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11. Limitation of Liability
To the maximum extent permitted by law:
• We are not liable for any indirect, incidental, or consequential damages arising from your use of our Services.
• Our total liability for any claim will not exceed the total fees paid by you in the 1 month preceding the claim.
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12. Indemnification
You agree to indemnify and hold harmless BluSkai, its directors, employees, and contractors from any claims, damages, or expenses arising from:
• Your use of the Services
• Your violation of these Terms
• Your breach of applicable laws
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13. Termination
• We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees, or engage in prohibited activities.
• Either party may terminate a partnership arrangement with thirty (30) days’ written notice.
• Upon termination, you remain responsible for payment for any campaigns, promotions and other services delivered prior to the termination date.
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14. Confidentiality
Both parties agree to maintain each other’s confidential information in confidence, except where disclosure is required by law or where the information has become public through lawful means.
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15. Mutual Good Faith
Both parties agree to act in good faith and carry out their responsibilities to the best of their abilities, with a view to achieving successful outcomes for all campaigns and services.
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16. Governing Law
These Terms are governed by the laws of Australia, without regard to conflict of law principles.
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17. Changes to Terms
We may update these Terms from time to time. Changes will be posted on our website with a revised “Effective Date.”
Your continued use of our Services after changes take effect constitutes acceptance of the new Terms.
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18. Contact Us
If you have questions about these Terms, contact us at:
BluSkai
Email: hello@bluskai.ai
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