These Terms of Service ("Terms") constitute a legally binding agreement between you and clausifai. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Definitions and Interpretation
1.1 Definitions
In these Terms, unless the context requires otherwise:
- "ABR" means the Australian Business Register operated by the Australian Taxation Office.
- "AI-Generated Content" means any contract, clause, text, analysis, or other output produced by the Platform using artificial intelligence, including outputs from the Anthropic Claude API.
- "Australian Consumer Law" or "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- "Contract" means a document generated, uploaded, edited, or stored through the Platform by a User.
- "Effective Date" means the date on which you first accept these Terms or access the Platform, whichever is earlier.
- "Fairness Score" means the indicative AI-generated score produced by the Platform that describes the perceived balance of interests in a Contract.
- "Legal Advice" means advice about the application of law to the specific circumstances of a person, of the kind that can only be provided by a qualified legal practitioner holding an unrestricted practising certificate.
- "Personal Information" has the meaning given under the Privacy Act 1988 (Cth).
- "Platform" means the clausifai website, web application, APIs, AI agents, tools, and related services operated at clausifai.com and any subdomains thereof.
- "Recipient" means a third party who receives a signing request or a signed Contract through the Platform.
- "Subscription" means a paid plan granting access to the Platform as detailed on the Pricing page.
- "User", "you", or "your" means the individual or entity that has registered for or is accessing the Platform.
- "we", "us", or "clausifai" means clausifai Pty Ltd (ABN: 18696797627).
1.2 Interpretation
- Headings are for convenience only and do not affect interpretation.
- References to "including" are not limited.
- A reference to a statute includes all amendments and successor legislation.
- Singular includes plural and vice versa.
2. Nature of the Platform — Not Legal Advice
⚠ IMPORTANT: clausifai is a technology platform, not a law firm. It does not provide legal advice. The Platform uses artificial intelligence to generate contract documents. AI-Generated Content is not a substitute for advice from a qualified Australian legal practitioner. You should seek independent legal advice before signing any legally binding agreement.
2.1 No Legal Advice or Solicitor-Client Relationship
The Platform does not provide legal advice. Nothing on the Platform or in any AI-Generated Content constitutes legal advice, legal opinion, or the establishment of a solicitor-client or barrister-client relationship. Clausifai is not a law firm and its personnel are not acting as your legal representatives.
2.2 AI-Generated Content Disclaimer
All AI-Generated Content is produced by automated artificial intelligence processes. By using the Platform you acknowledge and accept that:
- AI-Generated Content may contain errors, omissions, or inaccuracies.
- AI-Generated Content may not reflect the most current state of Australian law.
- AI-Generated Content is a starting point for drafting, not a finalised, legally verified document.
- The suitability of any AI-Generated Content for your particular circumstances has not been assessed by a legal practitioner.
- You bear sole responsibility for reviewing, verifying, and deciding whether to use or rely on any AI-Generated Content.
2.3 Fairness Score Disclaimer
The Fairness Score is an indicative AI-generated metric only. It does not constitute a legal assessment, a legal opinion, or a guarantee of enforceability. The Fairness Score is provided for informational purposes only. You must not rely on the Fairness Score as a substitute for independent legal advice, particularly for high-value or high-risk transactions.
2.4 Risk Flags Disclaimer
Risk flags and compliance indicators produced by the Platform are informational only. They do not represent an exhaustive legal review of your Contract. The absence of a risk flag does not mean a Contract is legally compliant, enforceable, or appropriate for your circumstances.
2.5 Recommendation to Seek Legal Advice
We strongly recommend that you engage an Australian-qualified solicitor to review any Contract generated or facilitated by the Platform before execution, particularly where:
- the Contract involves significant financial consideration;
- the Contract creates ongoing obligations extending beyond 12 months;
- the Contract is between parties in an asymmetric bargaining position;
- the Contract relates to intellectual property, real property, employment, or financial services.
2.6 Acknowledgment
You acknowledge that the Platform is a tool that operates solely based on automated inputs and does not consider your personal legal circumstances. You are solely responsible for determining whether to use any output in your specific situation. Clausifai does not tailor outputs to individual legal needs.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years of age and legally capable of entering into binding contracts under Australian law. By registering, you represent and warrant that you meet these requirements.
The Platform is intended for use in Australia only. Clausifai makes no representations regarding suitability outside Australia.
3.2 Business Users
If you are registering on behalf of a business, company, partnership, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" include that entity.
3.3 Account Accuracy
You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. Clausifai may suspend or terminate your account if any information provided is found to be inaccurate or misleading.
3.4 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us immediately at support@clausifai.com if you become aware of any unauthorised access to or use of your account.
3.5 ABN Verification
Where you provide an Australian Business Number (ABN), you consent to Clausifai verifying that ABN against the ABR in accordance with the ABR's terms of service. Clausifai does not guarantee the accuracy of ABR data and is not liable for errors arising from ABR records. Provision of an ABN is required at registration.
4. Acceptable Use
4.1 Permitted Use
Subject to these Terms and payment of applicable Subscription fees, clausifai grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business or personal legal documentation purposes in Australia.
4.2 Prohibited Conduct
You must not use the Platform to:
- generate Contracts intended to facilitate unlawful activity, fraud, or deception;
- generate Contracts that are designed to be unconscionable, oppressive, or contrary to Australian Consumer Law;
- resell, sublicence, or provide commercial access to the Platform to third parties without our express written consent;
- scrape, reverse-engineer, decompile, or extract data or AI model outputs from the Platform;
- upload or input data that infringes the intellectual property rights of any third party;
- upload malware, viruses, or any code designed to disrupt the Platform;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- use the Platform in any way that violates applicable law, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), or the Electronic Transactions Act 1999 (Cth).
4.3 Content You Input
You are solely responsible for all data, text, and information you input into the Platform ("User Input"). You warrant that:
- you have all necessary rights, licences, and consents to input such data;
- User Input does not contain sensitive personal information about third parties unless you have obtained lawful authority to provide it;
- User Input does not contain trade secrets or confidential information of third parties unless you are authorised to disclose it to Clausifai's systems.
4.4 High-Risk-Use Restriction
The Platform is not designed for use in highly regulated industries including financial services, insurance, healthcare, or employment law without independent legal review.
5. AI Processing, Third-Party Providers, and Data Handling
5.1 Anthropic Claude API
The Platform uses the Anthropic Claude API to generate AI-Generated Content. By using the Platform, you acknowledge that:
- Your User Input (including contract prompts and deal descriptions) is transmitted to Anthropic's and OpenAI's servers for processing.
- Anthropic's data handling is governed by Anthropic's own Privacy Policy and Terms of Service.
- Clausifai has taken steps to enable Anthropic's Zero Data Retention option to prevent your contract content from being used to train Anthropic's models. However, you should verify current Anthropic policy at anthropic.com.
- Clausifai does not guarantee that Anthropic will not update its data retention practices.
5.2 Other Third-Party Service Providers
The Platform relies on third-party providers including:
| Provider | Function |
|---|---|
| Supabase | Database, authentication, file storage |
| Vercel | Application hosting and serverless functions |
| Resend / SMTP | Transactional and signature emails |
| Cloudflare | Domain, DNS, and email routing |
| PostHog | Product analytics and user behaviour |
| ABR (ATO) | ABN verification |
Your use of the Platform constitutes acknowledgment that your data may be processed by these providers subject to their respective terms and privacy policies. clausifai has entered into (or will enter into) Data Processing Agreements with each provider where required by law.
5.3 No End-to-End Encryption
clausifai does not implement end-to-end encryption. Contract content transmitted to the AI generation service is processed on Anthropic's servers and is not encrypted client-side prior to transmission. This is consistent with industry-standard practice adopted by comparable platforms such as DocuSign and PandaDoc. If you require a higher level of confidentiality, you should consider whether the Platform is appropriate for your use case.
6. E-Signature
6.1 Electronic Signatures under Australian Law
Electronic signatures facilitated through the Platform are intended to comply with the Electronic Transactions Act 1999 (Cth) ("ETA"). You acknowledge that:
- an electronic signature has legal effect under the ETA where the method used identifies the signatory and indicates their intention in relation to the communication;
- the Platform's signing mechanism (unique time-limited URL, timestamp logging, IP capture, and audit trail) is designed to satisfy the identification and intention requirements of the ETA;
- certain categories of documents may not be capable of electronic execution under Australian law (including some deeds, wills, and powers of attorney). It is your responsibility to determine whether the ETA applies to your specific document type.
6.2 Recipient Consent and Disclosure
When you initiate a signature request for a Recipient who is not a Clausifai registered user, you warrant that:
- you have a lawful basis to provide the Recipient's email address to Clausifai;
- the Recipient has been or will be informed that their email address and signing behaviour (including timestamps, time spent, and IP address) will be processed by Clausifai's systems;
- you have obtained or will obtain any consent required under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) before sending signing requests.
6.3 Audit Trail
The Platform logs signing events including: email sent timestamp, link opened timestamp, time spent reviewing, and signing timestamp. This audit trail is stored securely and may be relied upon as evidence of the signing process.
6.4 Tamper-Evidence
Signed PDFs are stored with a cryptographic hash to provide evidence of integrity post-execution. Clausifai does not guarantee admissibility of electronic signature evidence in all courts and jurisdictions.
6.5 Signing Link Expiry
Unique signing URLs are time-limited. The expiry period applicable to any signing request will be disclosed to the sending party at the time of dispatch. Expired signing links cannot be used to execute a Contract.
7. Intellectual Property
7.1 Platform IP
All rights, title, and interest in the Platform, including software, code, design, AI models, clause library, and branding, are owned by or licensed to clausifai. Nothing in these Terms transfers any Platform IP to you.
7.2 Your Content
You retain ownership of User Input and any Contracts you generate or upload to the Platform. You grant clausifai a limited, non-exclusive, royalty-free licence to process, store, and transmit your User Input and Contracts solely to the extent necessary to provide the Platform services.
7.3 AI-Generated Content Ownership
Subject to applicable law, AI-Generated Content produced using your User Input is provided to you for your use. You acknowledge that:
- AI-Generated Content is not independently created by a human author and may not attract copyright protection under Australian law;
- clausifai makes no representation that AI-Generated Content is free from similarity to content generated for other users;
- you must independently verify that AI-Generated Content does not infringe the intellectual property rights of any third party before use.
Outputs are generated based on user input and may not be accurate, complete, or suitable.
7.4 Clause Library
The clause library is proprietary to clausifai. Clauses from the library used in your Contracts are licensed to you for the purpose of that Contract only. You may not reproduce, distribute, or commercialise clause library content independently.
8. Fees, Subscriptions, and Billing
8.1 Pricing
Access to certain features of the Platform requires payment of Subscription fees as set out on the clausifai Pricing page. clausifai reserves the right to change pricing at any time on not less than 30 days' written notice to existing Subscribers.
8.2 Payment
Subscription fees are billed in advance on a monthly or annual basis. All fees are in Australian Dollars (AUD) and are inclusive of GST where applicable. Fees are non-refundable except as required by the Australian Consumer Law.
8.3 Non-Payment
If payment fails, clausifai may suspend access to the Platform until outstanding fees are paid. Continued failure to pay may result in termination of your account in accordance with clause 12.
9. Data Retention, Deletion, and Export
9.1 Contract Storage
Contracts and contract versions are stored in the Platform vault for the duration of your active Subscription and for 12 months following cancellation, unless you request earlier deletion. You may export your Contracts at any time via the export function.
9.2 Account Deletion
Upon account deletion:
- your Personal Information will be deleted or anonymised within 30 days, subject to any legal hold obligations;
- Contracts may be retained in anonymised or aggregated form for platform improvement purposes;
- version history will be permanently deleted unless you export it prior to deletion.
Clausifai is not responsible for any act, omission, or policy change of third-party AI providers.
9.3 User Responsibility for Retention
clausifai's retention periods are provided as a convenience and do not constitute legal advice. Certain contract types may be subject to mandatory retention requirements under applicable Australian law that exceed the periods set out above. You are solely responsible for ensuring compliance with any retention obligations applicable to your contracts and for downloading and storing copies accordingly.
9.4 Legal Hold
Notwithstanding any deletion request, clausifai may retain records where required by law, court order, or regulatory obligation, or where records are reasonably required in connection with an actual or anticipated legal claim.
10. Disclaimers and Limitation of Liability
10.1 Platform Provided "As Is"
The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, clausifai makes no representations or warranties of any kind, express or implied, including as to:
- the accuracy, completeness, or reliability of AI-Generated Content;
- the enforceability or legal validity of any Contract generated through the Platform;
- the fitness of the Platform for any particular purpose;
- the uninterrupted or error-free operation of the Platform.
Clausifai does not warrant that any AI-generated content complies with any applicable law, regulation, or industry standard. Certain features might be experimental and may produce unpredictable or incorrect results.
10.2 Australian Consumer Law
⚠ Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to: cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
10.3 Limitation of Liability
Subject to clause 10.2, to the maximum extent permitted by law, clausifai's total aggregate liability to you arising out of or in connection with the Platform or these Terms, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of:
- the total Subscription fees paid by you to clausifai in the 12 months immediately preceding the event giving rise to the claim; or
- fees paid in the last 12 months.
10.4 Excluded Loss
Subject to clause 10.2, clausifai is not liable for any:
- indirect, consequential, special, or punitive loss or damage;
- loss of profits, revenue, business, opportunity, contract, data, or goodwill;
- loss arising from reliance on AI-Generated Content without independent legal review;
- loss arising from the actions or omissions of third-party service providers including Anthropic, Supabase, Vercel, Resend, or Cloudflare.
10.5 Indemnity
You agree to indemnify and hold harmless clausifai, its officers, employees, and agents from and against all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:
- your breach of these Terms;
- User Input that infringes the rights of any third party;
- your use of AI-Generated Content without obtaining independent legal advice;
- your transmission of signing requests to Recipients without lawful basis;
- use of contracts for misleading, deceptive, or fraudulent conduct.
10.6 Service Availability
Clausifai does not guarantee uninterrupted availability and may be suspended for maintenance or outages.
10.7 Data Security Limitation
Clausifai is not liable for unauthorised access, hacking, data breach, or loss of data except to the extent required by law.
11. Modifications to the Platform and Terms
11.1 Changes to the Platform
clausifai may add, modify, or remove features of the Platform at any time. We will endeavour to provide reasonable notice of material changes that affect your use of the Platform.
11.2 Changes to These Terms
clausifai may update these Terms from time to time. Where changes are material, we will notify you by email to the address registered to your account at least 14 days before the changes take effect. Continued use of the Platform after the effective date of updated Terms constitutes acceptance. If you do not accept the updated Terms, you may cancel your account before the effective date.
12. Suspension and Termination
12.1 Termination by You
You may cancel your Subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods, except as required by the ACL.
12.2 Termination or Suspension by clausifai
clausifai may immediately suspend or terminate your account, without liability, if:
- you materially breach these Terms and fail to remedy that breach within 7 days of written notice;
- you use the Platform for unlawful purposes;
- you fail to pay Subscription fees when due;
- clausifai is required to do so by law, court order, or regulatory directive.
12.3 Effect of Termination
Upon termination, your licence to use the Platform ceases immediately. You may export your Contracts during any applicable wind-down period. Clauses 2, 7, 10, and 13 survive termination.
13. Dispute Resolution
13.1 Informal Resolution
If you have a dispute with clausifai, you agree to contact us at support@clausifai.com in the first instance to attempt to resolve the dispute informally within 30 days.
13.2 Mediation
If informal resolution fails, the parties agree to refer the dispute to mediation administered by the Resolution Institute (or a mediator agreed by the parties) before commencing court proceedings.
13.3 Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
13.4 ACCC and State Consumer Agencies
Nothing in these Terms limits your right to make a complaint to the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), or a relevant State or Territory consumer protection agency.
14. General
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Subscription agreement, constitute the entire agreement between you and clausifai with respect to the Platform and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force.
14.3 Waiver
Failure by clausifai to enforce any provision of these Terms does not constitute a waiver of that or any other provision.
14.4 Assignment
You may not assign your rights or obligations under these Terms without clausifai's prior written consent. clausifai may assign its rights and obligations to a related body corporate or in connection with a merger, acquisition, or sale of assets, on not less than 30 days' notice to you.
14.5 Force Majeure
clausifai is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, government action, internet outages, or failure of third-party service providers.
14.6 Contact
For all legal and compliance inquiries: support@clausifai.com. For support: support@clausifai.com.