Terms of Service

1. Your agreement with us

In these Terms, "you" means the business subscribing to Superstrate. The person accepting these Terms must be at least 18 and authorised to act for that business.

Your agreement consists of these Terms and the written quote, proposal or order confirmation you accept (your "Service Order"). We will provide both before requesting your initial setup payment. You accept the agreement by signing or electronically accepting the Service Order, or by expressly confirming acceptance in writing. Simply browsing our website does not start a paid subscription. Your Service Order records the version of these Terms that applies to you when you accept it.

Your Service Order identifies the website, setup scope, the value of each setup stage, integrations, fees and any specifically agreed variations. A variation overrides these Terms only to the extent it expressly identifies the different arrangement. No agreement excludes rights that cannot lawfully be excluded.

Our Privacy Policy explains how we handle personal information. Accepting these Terms is not blanket consent to unrelated marketing or every use of personal information.

2. One subscription. Every feature.

The standard subscription includes access to all generally available Superstrate platform features, with no feature tiers, for one business website. It includes:

• Unlimited text interactions.
• 500 voice minutes per monthly billing period.
• AI-assisted answers grounded in the business information configured for your deployment.
• Supported visitor guidance, enquiry capture, lead management and booking or enquiry actions.
• Access to supported integrations, subject to compatibility, availability and configuration.
• Available analytics, conversation insights, business reports and public business-discovery features.
• Technical support for your agreed deployment.

Some features require configuration, suitable business information, third-party authorisation or sufficient activity to produce useful results. Features labelled experimental or in testing may have separate availability conditions disclosed before use. We do not promise that every external system can be integrated or that every feature is appropriate for every business.

"All features included" does not include unlimited custom development, additional websites, extra voice capacity or fees charged by your own third-party providers. Any additional work or charges require your agreement in advance.

3. Pricing and payment schedule

All prices are in Australian dollars and exclude GST. GST is added only where legally payable, as explained in section 4.

The total one-time setup fee is A$1,000. The combined payment due on deployment is A$1,150, comprising the A$500 setup balance and the first A$650 subscription payment.

The minimum total cost for completed setup and the first subscription month is A$1,650 excluding GST, before any separately agreed extras. There is no requirement to commit to two, three or twelve months.

Setup stages

We complete setup in four stages and confirm in writing as each stage is completed:

1. Onboarding: we agree the scope, receive the access we need and review your website.
2. Business knowledge preparation: we prepare your business knowledge from your website and the materials you provide.
3. Build review: you approve the answers, we configure the assistant and connect your systems, and we show you the working build.
4. Testing and deployment: we complete testing, and the service is ready to deploy.

The value of each stage is set out in your Service Order before any work begins. Together, the four stages make up the A$1,000 setup fee.

Initial setup payment

The initial A$500 is a part-payment of the setup fee, not an additional charge. It secures the onboarding, preparation and setup resources we allocate to your deployment, and it is non-refundable, except where a refund is required by law or where we cancel before deployment for reasons unrelated to your breach.

Deployment

We deploy Superstrate only after we have shown you the build and completed testing. Deployment starts your subscription. On deployment, the remaining A$500 of the setup fee and your first monthly subscription payment of A$650 are payable, A$1,150 in total. These payments are triggered by deployment, not merely by an estimated launch date or our starting work.

If you cancel before deployment

If you cancel before deployment, you owe the total value of the setup stages completed when you cancel, as set out in your Service Order, or A$500 if that is higher. We will invoice any amount above what you have already paid. No subscription fee is payable.

If we cancel before deployment for reasons unrelated to your breach, we will refund amounts paid for setup that has not been delivered and any subscription charges collected for service not supplied. Separately requested additional work is payable only as agreed in writing. Your statutory remedies remain available.

4. GST

If GST is legally payable on a supply, you must pay the applicable GST in addition to its GST-exclusive price. We will identify the GST amount and total payable on the relevant invoice and provide a tax invoice where required.

We will not charge GST when we are neither registered nor required to be registered for GST. If our registration status or the applicable tax treatment changes, GST may apply to subsequent taxable supplies. We will notify you before collecting an adjusted recurring payment.

The subscription rate protection in section 7 protects the price excluding GST. It does not fix the amount of tax imposed by law.

5. Setup and deployment

We will agree the setup scope before work begins. This normally includes preparing your business information, configuring the agreed experience, installing or helping install Superstrate on your website, testing and deploying it, in the stages described in section 3.

You must provide the information, approvals and access reasonably required for that work. You must have authority to give us access to the website and connected systems. We will protect that access and use it only for the agreed work.

We will give you an opportunity to review the build against the agreed scope before deployment. Deployment occurs on the go-live date agreed with you, when the agreed service is installed and made available on the nominated website. We will confirm completion and the subscription start date in writing. Deployment does not waive your right to report defects.

Any estimated delivery date depends on timely access, information and approvals. If either party becomes aware of a likely delay, it must tell the other promptly and cooperate on a revised date. We will not begin subscription billing solely because a customer approval is delayed. However, if the service is ready to deploy and you have not approved deployment, or told us what needs fixing, within 30 days of our written request, we may end the setup and invoice the value of the completed stages under section 3.

Changes outside the agreed scope will be quoted for your approval before we undertake chargeable work. We will not treat correcting our failure to meet the agreed scope as a chargeable addition.

6. Monthly billing and renewal

Your first monthly billing period begins on the agreed deployment date. Your subscription then renews automatically each month unless cancelled under section 15. If a month does not contain the corresponding renewal date, renewal falls on its last day.

Monthly fees are payable in advance. If you authorise recurring card or direct-debit payments, that authorisation covers the agreed subscription and separately approved charges only. We will provide invoices or receipts and disclose any payment-method charges before you choose that method.

Keep your billing and contact details current. If a payment fails, we will notify you and give you at least seven days to resolve it before suspending service for non-payment. We will investigate genuinely disputed charges and will not suspend solely for a reasonably disputed amount while you cooperate with that process and pay undisputed amounts.

We do not impose an automatic late-payment penalty under these Terms. If an incorrect payment is taken, contact us so we can investigate and correct it promptly.

7. Your first 12 months of rate protection

Your subscription rate is protected for the first 12 months from your deployment date, provided you remain continuously subscribed.

For the standard subscription, this means A$650 per month excluding GST for the original agreed website and scope throughout that period. This protection is not a 12-month minimum commitment: you may still cancel monthly.

We will not introduce a mandatory surcharge or reduce the included text or voice allowances to circumvent this protection. Optional additions you approve are charged separately and do not remove protection from your original subscription.

If you cancel and later subscribe again, the new subscription is subject to the pricing offered and accepted at that time. A temporary payment failure corrected within the notice period in section 6 does not, by itself, break continuous subscription.

8. Text and voice allowances

Unlimited text interactions

There is no numerical monthly allowance or per-message charge for ordinary text interactions within your agreed deployment. You must comply with section 11. We may apply proportionate technical limits to protect security and service stability, including against automated abuse or denial-of-service activity. We will not use those controls as an undisclosed text-usage cap or a reason to impose unapproved overage charges.

Voice minutes

The standard subscription includes 500 voice minutes in each monthly billing period. These minutes are shared across voice sessions for the covered website. Usage is measured by connected voice-session duration, including time spent listening and responding, rather than only the visitor’s speaking time.

Unused minutes do not roll over, have no cash value and cannot be transferred between subscriptions unless expressly agreed. We will make usage information available and explain the applicable measurement before deployment.

Voice access may be paused when the included allowance is reached, until the next billing period or until you approve additional capacity. Text access remains available, subject to these Terms. We will not automatically upgrade your subscription or charge for additional voice usage without your prior agreement.

9. Additional websites and services

The standard price covers one business website and its agreed Superstrate deployment. Additional websites, brands or independently configured deployments require a separate quote.

The same website’s www and non-www addresses, and domains that only redirect to that website, are not automatically treated as additional websites. A subdomain or related site may require a separate deployment where it needs its own business information, configuration, integrations, reporting or usage allocation. We will explain and agree any additional charge before work begins.

Additional voice capacity, custom integrations, substantial reconfiguration and other services outside the agreed scope require a separate written agreement. Unless otherwise agreed, allowances are not pooled across separate subscriptions.

10. Your information, accounts and approvals

You are responsible for the accuracy and currency of the business information, prices, policies and instructions you provide or approve. Tell us promptly about material changes or incorrect responses so we can address them.

You must secure your account credentials, manage access for your staff and promptly report suspected unauthorised access. You are responsible for people you authorise to use your account, but not for security failures caused by us.

You must have the necessary rights to provide your content and connect your systems. Do not upload confidential third-party material or personal information without a lawful basis.

Review information designated for public answers, search-engine access or external AI discovery. Do not approve confidential material for public publication. We remain responsible for implementing the publication settings we agree with you.

11. Acceptable use

Superstrate identifies itself as an AI assistant. You must not present it, or ask us to present it, as a person, and you must not remove or obscure the notices Superstrate displays to visitors.

You must not use Superstrate to:

• Break the law, infringe another person’s rights or facilitate fraud, harassment or discrimination.
• Send unlawful marketing, impersonate others or misleadingly present an AI interaction as a human interaction.
• Collect passwords, payment-card numbers or security codes, government identifiers (such as tax file or Medicare numbers) or sensitive information through an ordinary conversation when the deployment is not expressly approved and configured for that purpose.
• Upload malicious code, bypass security, manipulate the assistant through prompt injection, or attempt to access another customer’s information.
• Deliberately overload the service, operate unauthorised automated traffic or resell access without our agreement.
• Use AI output as the sole basis for a decision with legal or similarly significant effects on an individual.

Without our written approval, you must not use Superstrate for health triage or to give medical, health, legal, financial or insurance advice; for gambling, adult services or political campaigning; for services directed at children; or to make or support decisions about credit, insurance, employment or housing.

Superstrate is not an emergency service. In an emergency, call 000. It is not a substitute for qualified medical, legal, financial or other professional advice.

Superstrate is designed not to advise on symptoms or suggest treatments. If a visitor describes symptoms or a health concern, it directs them to a doctor or other qualified health professional, and if what they describe sounds serious, it tells them to call 000.

We will assess suspected misuse reasonably and use a response proportionate to the actual risk. Legitimate high visitor interest alone is not prohibited use.

12. AI responses, analytics and third-party actions

Superstrate uses AI and automated systems. Responses, translations, summaries, classifications and recommendations may be inaccurate, incomplete or outdated. Analytics may include inferred interests or intent and should not be treated as verified facts about an individual.

We will use reasonable care and skill to configure and operate the service. We do not guarantee a particular number of leads, bookings, sales, search rankings or commercial results. These limitations do not exclude any express commitment we make or statutory obligation we owe.

You should review material outputs before relying on them for significant business decisions. Visitors should verify important prices, availability and commitments with your business. A suggested booking or request is not confirmed until the relevant business or connected system confirms it.

Where you authorise an integration, Superstrate may transmit information or initiate the actions included in its agreed configuration. You remain responsible for fulfilling your business’s bookings, sales and other obligations to visitors. We remain responsible for the service we supply, including our integration work.

Third-party systems have their own terms, privacy practices, charges and availability. You are responsible for maintaining any customer-owned subscriptions and permissions needed for your integrations. We are not responsible for the availability of those systems, changes they make to their features or prices, errors inside them, bookings or messages they fail to process, or how they handle information after it reaches them. We will tell you about material integration restrictions known to us. If a connected system stops working, we will tell you and restore our side of the connection within a reasonable time.

13. Privacy and customer data

Each party must comply with privacy, data protection and marketing laws applicable to its activities.

You decide the business purposes of your deployment, the information you ask visitors to provide and the external systems you connect. You must provide appropriate visitor notices and obtain any consent or other authority required for collection, analytics, voice processing and onward disclosure where you operate. In particular, a request for a callback or enquiry response must not automatically be treated as consent to unrelated marketing.

Your website’s privacy policy must tell visitors that you use an AI assistant provided by a third party, that conversations (and voice, where enabled) are processed by AI and speech providers, some of them overseas, and where enquiries and bookings are sent. We can give you suggested wording.

We handle customer and visitor information to deliver, secure, support and administer the service, in accordance with the agreed configuration, our Privacy Policy and applicable law. Our permission to process customer content is limited to those purposes; it is not permission to sell visitor contact details or use them for unrelated advertising. We do not use your content, your visitors’ conversations or information about them to train or fine-tune AI models. We may use de-identified and aggregated information about how the service performs to operate, secure and improve Superstrate.

Subprocessors

We use subprocessors, the third-party service providers that process information for us, for hosting, databases, AI processing, speech, search, email, payments and other operational functions. Some processing occurs outside Australia. The current list and the information involved are in our Privacy Policy.

We will give you at least 30 days’ notice before adding a subprocessor that will receive visitors’ personal information. If you reasonably object and we cannot resolve your objection, you may cancel before the change takes effect, and we will refund any fees you have prepaid for the period after cancellation.

Security and requests

We will apply reasonable security safeguards, restrict staff access to those who need it and require appropriate confidentiality and data-handling protections from subprocessors we engage. If we become aware of a security incident affecting your customer data, we will notify you without undue delay, share reasonably available relevant information and cooperate on required responses. Each party remains responsible for any notifications it must make by law.

We will reasonably assist with access, correction, export and deletion requests for information we hold. Removing information from Superstrate does not automatically remove copies already delivered to your email, CRM, booking system or another independent recipient. We will explain known limitations and cooperate on necessary follow-up.

14. Intellectual property and confidentiality

You retain your rights in the business materials you provide, your visitors’ conversations and your leads. You grant us a limited licence to host, copy, analyse, format and use those materials as needed to deliver the agreed service, including displaying approved public information and transmitting information through authorised integrations.

We retain our rights in the platform, software, prompts, configuration, templates and underlying methods. During your subscription, you may use the service and your customer-facing outputs for your business purposes. We do not claim ownership of your business information or prevent you from using reports and exports supplied to you. AI-generated material may not be unique or independently eligible for intellectual-property protection.

You must not, and must not allow anyone else to:

• copy, modify or create works based on Superstrate, its software, prompts, configuration or documentation;
• reverse engineer, decompile or attempt to extract its source code, system instructions or methods, except to the extent the law expressly allows;
• use Superstrate, or anything learned from access to it, to build or help build a product or service that competes with Superstrate; or
• resell, sublicense or provide Superstrate to others without our written agreement.

This does not limit your use of your own content, your visitors’ information, or general skills and knowledge.

If you give us suggestions or feedback about Superstrate, we may use them without restriction or payment. This does not give us any right to your confidential information or business materials.

We will not use your name, logo, private results or case study in our marketing without your permission.

Each party must protect the other’s confidential information, use it only for the agreement and disclose it only to people who need it and are bound by appropriate confidentiality obligations. This does not prevent disclosure of information already lawfully public, independently developed, lawfully received from another source or required by law. Where lawful and practicable, give advance notice of a compelled disclosure.

When the agreement ends, each party will, on request, return or destroy the other’s confidential information, except copies it must keep by law, copies held in routine backups until they are overwritten, and records that section 15 and our Privacy Policy allow to be kept for longer.

15. Cancellation, termination and refunds

Cancelling your monthly subscription

You may cancel by emailing [email protected], or through any cancellation facility we make available. To prevent the next subscription charge, your cancellation must reach us by 11:59 pm Canberra time on the day before your renewal date. Cancellation takes effect at the end of the current paid billing period. Access continues until then, unless an earlier lawful suspension applies.

A cancellation received by that time prevents the next subscription charge; it does not depend on our acknowledging the message first. We will confirm the effective date. There is no early-exit fee and no obligation to pay for the remainder of the 12-month rate-protection period.

Unless required by law or another provision of these Terms, we do not refund unused days in a billing period solely because you change your mind. Setup payments are dealt with in section 3.

Ending for breach or service failure

Either party may terminate for a material breach that the other fails to remedy within 14 days after written notice describing the breach and required remedy. Immediate termination is available where the breach cannot reasonably be remedied or continuing the agreement would be unlawful. Any statutory right to terminate sooner remains available.

If we permanently stop providing your service or terminate for convenience, we will normally give at least 60 days’ notice, assist with a reasonable transition and refund prepaid fees for the period we do not supply. If we end the service before completing the agreed setup for reasons unrelated to your breach, section 3 applies. Termination must not be used simply to evade your rate protection.

We will not continue subscription billing for future periods after termination. Amounts already properly due remain payable, subject to any refund, credit or other legal remedy.

Your information when the service ends

You can ask for an export of your approved business knowledge, conversation records and leads at any time before your subscription ends, and for 30 days afterwards. We will provide it within 14 days in a standard format. After those 30 days, we will delete or de-identify the records we hold for you within a further 60 days, unless the law requires us to keep them, we need them to resolve a dispute, or an authorised person asks us to delete them sooner. Backup copies are overwritten in the normal backup cycle.

We will retain, delete or de-identify information in accordance with our Privacy Policy and applicable law. You should remove the website installation and revoke integration permissions when the service ends. Ending a subscription does not itself cancel bookings or delete information held in third-party systems.

16. Support, availability and suspension

Technical support covers problems with Superstrate and assistance using your agreed deployment. It does not include website redesign, campaign management or custom development unless expressly agreed. Contact [email protected]. Any agreed support hours or response targets will appear in your Service Order; there is no guaranteed 24-hour support or service level unless expressly agreed.

We will use reasonable care and skill to maintain the service and address faults. Maintenance, internet failures and provider disruptions can interrupt availability. We will give reasonable notice of planned work likely to cause a material interruption where practicable.

We may temporarily restrict affected functionality where reasonably necessary to address a security threat, unlawful activity, material breach or non-payment under section 6. Restrictions must be proportionate, last no longer than reasonably necessary and be explained in advance where practicable. Urgent protective action may occur first, with notice as soon as reasonably possible.

If a material interruption caused by us prevents you from using the service, we will discuss an appropriate remedy, including any credit or refund required by law. This section does not transfer our responsibility for our suppliers entirely to you.

17. Changes to prices, features and these Terms

We may change advertised prices for new subscriptions. That does not change an already accepted Service Order.

For an existing subscription, any increase to the recurring subscription price requires at least 60 days’ written notice and takes effect only at a renewal on or after both the end of that notice period and the end of your initial 12-month rate-protection period. The notice will state the new amount and effective date. You may cancel before it takes effect without an exit fee.

We may improve or update the platform. For a change to these Terms or the service that materially disadvantages you, we will give at least 60 days’ written notice, explain the change and allow you to cancel before it takes effect. If it must take effect during a prepaid period and you cancel because of it, we will refund the unused affected portion.

We may make a change sooner where necessary to comply with law or address an urgent security risk. We will explain it as soon as practicable and preserve any cancellation or refund rights. Such a change does not permit an unapproved fee or an avoidance of rate protection.

Changes apply prospectively. Changes that are not to your disadvantage take effect on the "Last updated" date shown at the top of these Terms. Changes to your disadvantage take effect only after the notice period in this section. Merely editing this page does not replace the notice or express agreement required by these Terms. We keep previous versions of these Terms and will provide the version that applied to you on request. Optional additional services require your express approval.

18. Australian Consumer Law and other protected rights

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.

Nothing in this agreement excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded, including under the Australian Consumer Law.

Where those guarantees apply, services must be supplied with due care and skill and meet other applicable statutory requirements. Depending on the circumstances, you may be entitled to rectification, cancellation, a refund and compensation. The setup-payment, cancellation, AI and liability clauses are all subject to these rights.

Contact us if you believe the service has failed to meet a guarantee. We will assess the issue on its circumstances rather than relying on a blanket "no refunds" policy.

19. Liability and indemnities

Each party is responsible for loss caused by its breach of this agreement, negligence or unlawful conduct, subject to this section and rights that cannot lawfully be limited. Each party must take reasonable steps to reduce avoidable loss. Liability is reduced to the extent the other party caused or contributed to that loss.

Limits

General limit. To the extent permitted by law, each party’s total liability arising from this agreement is limited to the greater of: (a) the total fees paid or payable under the agreement in the 12 months before the event giving rise to the claim; and (b) A$7,800 (the "general limit").

Privacy and data-security limit. To the extent permitted by law, each party’s total liability arising from a breach of its privacy or data-security obligations under this agreement, including any unauthorised access to, or loss or disclosure of, personal information, is limited to three times the general limit. This limit applies to every claim arising from such a breach, however the claim is framed, including where the same facts are also claimed as a breach of confidentiality, negligence or another obligation. It is separate from the general limit.

What the limits do not cover. Neither limit applies to fraud, wilful misconduct, a party’s infringement of the other party’s intellectual-property rights, or liability that cannot lawfully be limited. The general limit does not apply to a breach of confidentiality that is not a breach of privacy or data-security obligations. The limits do not remove an obligation to pay agreed fees or provide a refund required by these Terms or law.

Neither party is responsible for loss that was not reasonably foreseeable when the agreement was made. We do not exclude a recoverable loss merely by labelling it "indirect" or "consequential".

Indemnities

You indemnify us against third-party claims to the extent they arise from content or instructions you provide or approve, your failure to give visitors the notices or obtain the consents you are responsible for under section 13, or your use of enquiry or lead information in breach of law, including spam and marketing laws.

We indemnify you against third-party claims that the Superstrate platform, excluding your content and the third-party systems you connect, infringes that third party’s intellectual-property rights.

Each indemnity is reduced to the extent the indemnified party caused or contributed to the claim, depends on prompt notice of the claim and reasonable cooperation in dealing with it, and counts towards the applicable limit in this section. No provision requires you to indemnify us for our own acts or omissions.

20. Events outside reasonable control

Neither party is responsible for a failure caused by an event genuinely outside its reasonable control to the extent it could not reasonably prevent or mitigate that failure. The affected party must notify the other and take reasonable steps to restore performance.

This clause does not excuse a failure to take reasonable security or continuity measures, remove statutory remedies or require you to pay indefinitely for a service that cannot be supplied. If a substantial interruption continues for more than 30 days, either party may end the affected service, and we will refund prepaid fees for service not supplied.

21. Complaints and disputes

Contact [email protected] with a description of the issue and the outcome you seek. We will acknowledge the complaint and work in good faith to resolve it. If the dispute remains unresolved after 30 days, the parties may agree to mediation.

This process does not prevent either party from seeking urgent relief, contacting a regulator, exercising statutory rights or bringing proceedings within a required time limit. Mediation is not a mandatory barrier to those rights.

Privacy complaints are handled as described in our Privacy Policy.

22. Governing law

The agreement is governed by the laws of the Australian Capital Territory, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts entitled to hear appeals from them. This does not restrict rights to bring a claim in another forum where applicable law provides that right.

23. General provisions

We may give you notices, invoices and other documents by email to the business email address in your account or Service Order. You may give us notices by email to [email protected]. Keep your details current. An email is taken to be received when it is sent, unless the sender receives a delivery failure. An email sent after 5 pm, or on a day that is not a business day in Canberra, is taken to be received on the next business day. We will not rely on a message we know has failed to deliver as effective notice of a material change.

Neither party may transfer the agreement if doing so would materially prejudice the other without that party’s consent, which must not be unreasonably withheld. We may transfer the agreement to an entity that takes over the Superstrate business, such as a company formed by BYB’s partners, if we give you written notice and your rights under these Terms are not reduced. If you object, you may cancel without an early-exit fee. A permitted transfer does not reduce existing customer protections.

If a provision is unenforceable, it is ineffective to that extent and the remainder continues where legally possible. A failure to enforce a right immediately is not a waiver. Nothing creates a partnership, employment or general agency relationship between the parties.

The agreement records the agreed service and commercial terms. It does not exclude liability for misleading statements or other rights that cannot be excluded. Provisions about accrued payments, confidentiality, intellectual property, data handling, liability, indemnities and disputes continue after termination to the extent required to give them effect.

24. Contact