Terms of Service

1. Acceptance of Terms

By accessing or using any SOTAStack AI service, product, or website (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

If you do not agree to these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and SOTAStack AI Pty Ltd (ABN to be registered), a company incorporated in Victoria, Australia ("SOTAStack AI", "we", "us", or "our").

2. Services

SOTAStack AI provides AI-powered products and services including web chat agents (Harbor), voice AI systems (VotreV/DentaVoice), AI sales agents (Smokey), AI visibility consulting (GEO/AEO/SEO services), and enterprise AI solutions for specific industry verticals.

The specific scope of services, deliverables, and timelines for each engagement will be defined in a separate Statement of Work (SOW) or service agreement ("Service Agreement") entered into between SOTAStack AI and the client. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will prevail to the extent of the inconsistency.

We reserve the right to modify, suspend, or discontinue any Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. Payment & Billing

Fees for our Services are as set out in the applicable Service Agreement or on our pricing page. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST (Goods and Services Tax) at the current rate will be added to all invoices for Australian clients.

For subscription-based services, billing occurs monthly in advance on the date you commenced the subscription. Payment is due within 14 days of invoice. Late payments may incur interest at a rate of 2% per month above the Reserve Bank of Australia's cash rate.

You may cancel a subscription at any time. Cancellation takes effect at the end of the current billing period. We do not offer refunds for partial months.

4. Intellectual Property

SOTAStack AI retains all intellectual property rights in our products, platforms, underlying technology, methodologies, and any pre-existing materials. Nothing in these Terms transfers ownership of SOTAStack AI intellectual property to you.

Content and deliverables created specifically for your engagement (such as content pieces, strategy documents, or configured AI agents) are owned by you upon full payment, except for any SOTAStack AI proprietary components that remain our property and are licensed to you on a non-exclusive basis for the duration of your engagement.

You grant SOTAStack AI a limited, non-exclusive licence to access and process your data and materials solely for the purpose of delivering the Services. You retain ownership of your data at all times.

5. Limitation of Liability

To the maximum extent permitted by Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), SOTAStack AI's total liability to you for all claims arising from or relating to the Services will not exceed the total fees paid by you to SOTAStack AI in the three months immediately preceding the event giving rise to the claim.

In no event will SOTAStack AI be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.

6. Termination

Either party may terminate a service engagement by providing written notice as specified in the applicable Service Agreement. In the absence of a specific notice period, 30 days written notice is required.

SOTAStack AI may terminate access to Services immediately if you: materially breach these Terms and fail to remedy the breach within 14 days of written notice; become insolvent; or use the Services in a manner that is illegal or harmful to others.

Upon termination, all outstanding fees become immediately payable. Provisions of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, and governing law provisions) will survive.

These Terms are governed by the laws of Victoria, Australia. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.