FirstReplyAI Terms of Service

Prepared: 26 October 2026 · Version: 2026-10-26-4

ABN: 63 382 118 963. Main business location: Queensland 4011, Australia. Effective date: 26 October 2026.

Website: https://firstreplyai.net · Support and legal enquiries: support@firstreplyai.net

1. These terms and your rights

These terms govern access to the FirstReplyAI website, workspace, document-processing tools, assistants and API (the Service). “We”, “us” and “our” mean the business providing FirstReplyAI under the ABN shown above. “You” means the person or organisation accepting these terms. If you act for an organisation, you must have authority to bind it.

We will present these terms before you agree to them. Your order or checkout identifies your plan, billing frequency, price and any trial. A separately signed agreement takes priority where it expressly changes these terms. We do not treat existing customers as having accepted new terms merely because we publish them.

If you already have a workspace and expressly accept a revised version through your account, that agreement applies to future use from acceptance. It does not waive an accrued claim, retrospectively change earlier conduct, or remove the price and paid allowances already agreed for your current prepaid period.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, refund, compensation right or other protection that cannot lawfully be excluded, restricted or modified. This includes applicable rights under the Australian Consumer Law. Sections 11–13 are subject to this protection.

2. What the Service does

The Service processes material you supply and generates automated responses using that material and, where enabled, public sources. Features and capacity depend on your plan, configuration and the material available. Separate written commitments, if any, determine a bespoke integration, support arrangement or service-level guarantee.

AI responses can be inaccurate, incomplete, misleading or out of date. A citation does not independently prove an answer. Document extraction may miss images, tables, pages or formatting, and public sources may change or be unavailable. The Service does not independently verify your customers' licences, purchases, account status or private contractual rights.

You should test the assistant against representative questions before making it available to your customers, review significant answers, keep source material current and provide a route to human support. Unless we expressly agree otherwise in writing after assessing the use case, do not use the Service to make autonomous decisions with significant legal, medical, financial, employment, safety or other material consequences for individuals. These precautions do not remove our own legal obligations.

When presenting the assistant to end users, identify it as an automated assistant and make your human support route reasonably accessible. Do not represent that its answers are guaranteed correct or that it is a human professional. You are responsible for your own product policies, approved answers, integration design and promises to end users; you cannot make additional commitments on our behalf without our authority. This does not excuse our own misleading representations, negligence or other liability imposed by law.

3. Accounts and credentials

Provide accurate account information and keep your sign-in email and integration keys secure. Do not put secret API keys in public webpages, source repositories, tickets or browser code. Tell us promptly if you suspect unauthorised access, and revoke affected keys.

You are responsible for authorising your staff and integrations and for their use within that authority. You are not automatically responsible for activity caused by our security failure. Changing a key does not create a new customer allowance or, by itself, remove documents belonging to the workspace.

4. Customer content and your customers

You retain your existing rights in documents, website material, approved answers, settings and other content you supply (Customer Content). You must have the permissions and lawful basis needed to upload, import and process that content and to provide it to your intended users. Import only website material you are entitled to use, and respect applicable intellectual-property and privacy rights.

You grant us a non-exclusive permission to host, copy, parse, index, transmit and otherwise process Customer Content only as reasonably needed to provide, secure and support the Service, act on your instructions, and comply with law. This includes use of necessary service providers as described in the Privacy Policy. This permission does not transfer ownership or permit selling your content for advertising or publishing private workspace material as another customer's private knowledge.

Do not upload passwords, payment-card security codes, private keys or other unnecessary secrets. Do not use the Service to process sensitive or highly regulated personal information unless we have first agreed appropriate safeguards in writing. You remain responsible for the notices, permissions and human oversight needed for your own website, integrations and end users. Where required, we will agree separate data-processing terms before that use begins.

Keep independent copies of source documents and information you need to retain. This is a precaution and does not waive remedies for a loss for which we are legally responsible. No term promises that an AI output is original or free of third-party rights; assess it before reuse.

We and our licensors retain our rights in the Service's software, design, documentation and branding, excluding Customer Content and rights that belong to others. While you are entitled to access the Service, we permit you to use its available features and documented API for your business and authorised integrations within your plan. This does not transfer our software or brand ownership. Do not copy or distribute our software or branding beyond that permission, except where applicable law permits it. Subject to rights in source material and applicable law, you may use and share generated responses for your business; to the extent we hold rights in a response, we grant you a non-exclusive permission to do so. Responses may be similar to those generated for others.

5. Acceptable use and allowances

Do not use the Service unlawfully, infringe others' rights, send unsolicited messages through it, distribute malicious code, attempt unauthorised access, obtain another customer's information, bypass security or quotas, resell credentials without permission, or deliberately disrupt the Service.

Plan limits include answers, request rates, concurrency, stored documents, file size, indexed content and document processing. The limits disclosed with your plan apply. Answer and processing allowances reset on the calendar-month schedule stated in the workspace, including for annual subscriptions; they do not roll over unless your order says otherwise.

Document storage and processing are separate allowances. Reimports and vision-processing attempts can consume processing allowance as disclosed in the workspace, including attempted processing that fails. A failed import does not guarantee that its content was indexed. We may reject or pause work that exceeds an applicable allowance; the Service does not automatically charge overage fees without your agreement.

We will not use a general fair-use label to remove a specific paid allowance without a valid reason and appropriate notice. Necessary security controls and reasonable measures against abusive traffic may still apply.

6. Prices, payment and trials

The price and billing interval shown before checkout govern your subscription. Prices are in Australian dollars unless expressly stated otherwise. Checkout must disclose any applicable tax and the total before you authorise payment. Stripe processes payments under its applicable terms; you authorise the recurring charges you expressly accept at checkout.

A subscription renews automatically at the selected monthly or annual interval until cancelled. Annual billing prepays a year; it does not multiply monthly usage allowances. Any discount and renewal price must be disclosed before purchase.

Where offered, the Business trial lasts 14 days and requires a payment method. Checkout must state the plan, first charge and trial-end or renewal date. Cancel before that date to avoid the first subscription charge. A trial is limited to eligible new subscribers; the Service may use email-identity, payment-provider card-fingerprint and proportionate abuse signals to assess eligibility. Shared-network signals alone are not a conclusive reason to reject a genuine customer. You can contact support about an eligibility mistake.

We may ask you to update a failed payment method and restrict paid features if payment remains unresolved after reasonable notice. We will not charge for a new paid plan merely because you clicked an in-app upgrade button without completing its payment confirmation. Payment disputes and statutory remedies remain available.

7. Upgrades, downgrades, cancellation and refunds

Paid upgrades open Stripe for you to review and authorise any immediate charge, proration or credit. Higher paid entitlements activate after payment is confirmed. The checkout identifies any change to the billing interval and renewal date.

An ordinary downgrade takes effect at the end of the current paid billing period, including an annual period. Until then, the existing paid plan continues. If stored content exceeds the future plan's limits, reduce it or contact support; we will not treat a scheduled downgrade as permission to destroy content without reasonable notice.

Use Manage billing to cancel renewal, or contact support if you cannot access it. Cancellation ordinarily stops the next renewal and leaves paid access available until the end of the current paid period. Cancelling billing and deleting workspace data are different actions. Keep the confirmation and contact us promptly if the displayed subscription details do not reflect your request. We will honour a valid cancellation request received before renewal even if our processing or confirmation is delayed, and correct any resulting renewal charge made in error. If you report a technical failure in the cancellation controls, we will investigate the available evidence rather than treat the absence of confirmation as conclusive proof that you did not try to cancel. For a timely valid downgrade request, we will similarly correct a charge for the wrong renewal plan.

For a change of mind, unused usage, or an ordinary mid-period cancellation or downgrade, we do not ordinarily provide a prorated refund unless your order or a separate written promise provides one. This does not affect refunds, cancellation, compensation or other remedies required by law, including for a major failure of a service. We will investigate billing errors and duplicate or unauthorised charges and correct amounts properly due. Contact support@firstreplyai.net with the relevant invoice reference; do not email card details.

8. Service changes and availability

We take reasonable care in operating the Service. Internet services, model providers, search providers and other dependencies can be unavailable or slow. Except for an express written service-level agreement and applicable legal guarantees, we do not promise uninterrupted availability, an exact response time, or accuracy on every question.

We may make reasonable updates for security, reliability or product development. A price increase or planned material reduction to a paid plan will apply only from a renewal after at least 30 days' notice, allowing you to cancel before it applies. If the next renewal is sooner, the change will apply from a later renewal. Urgent legal or security changes may require shorter notice, with an explanation when practicable. If an unavoidable change materially reduces the agreed service during a prepaid term and we cannot continue the agreed service or provide an alternative you accept, you may end the affected service and receive a proportionate refund of its unused prepaid fees. Mandatory remedies are unaffected and may provide more extensive rights.

9. Suspension, closure and deletion

We may restrict access where reasonably necessary to address a credible security threat, unlawful use, material breach, payment failure or a legal requirement. The restriction must be proportionate. Where practicable we will explain the reason and provide a reasonable opportunity to remedy the issue before permanent closure. We may act immediately where delay would create a material risk, and explain afterwards when lawful and safe.

You may ask support to review a restriction. If it resulted from our mistake, we will restore access promptly once that is established and address any entitlement to a refund or other remedy. A restriction does not remove your ability to request cancellation or exercise an applicable legal right.

You may close your account using the provided controls or by contacting support. Cancel and reconcile any active paid subscription before deleting customer data through the account controls. Deletion removes active workspace documents, settings and access; limited records may remain for law, billing, security and backups as explained in the Privacy Policy. It does not erase external copies or records independently held by Stripe or other providers.

If we discontinue the Service for convenience during a prepaid period, we will give reasonable notice, a reasonable opportunity to retrieve available source material, and a refund of the unused prepaid service fees. We do not retain the entire prepaid balance simply because we choose to stop supplying the Service. No unsupported self-service export feature is promised.

10. Privacy and confidentiality

Our Privacy Policy explains processing of personal information. Customers must also meet obligations arising from their own collection and use of information. A Privacy Policy is a notice, not blanket consent to unrelated processing.

Each party must protect the other's non-public business information with reasonable care and use it only for this relationship or another authorised purpose. Necessary disclosure to appropriately authorised staff, professional advisers and service providers is permitted, subject to appropriate confidentiality protections. Information already lawfully public, independently developed or lawfully obtained without a duty of confidence is excluded. A party may make a legally required disclosure and, where permitted, give reasonable notice. These duties continue after account closure while the information remains confidential.

11. Consumer guarantees and lawful remedies

If a non-excludable guarantee or right applies, it takes priority over any inconsistent provision in these terms. We will provide remedies the law requires. Saying that the Service uses AI, is experimental, relies on third parties, or has no perfect accuracy does not remove those rights.

For services not ordinarily acquired for personal, domestic or household use, and only where section 64A of the Australian Consumer Law or another applicable law permits and it is fair and reasonable in the circumstances, our liability for a failure to comply with a guarantee may be limited to supplying the services again or paying the cost of having them supplied again. This does not apply where such a limitation would be unlawful or unfair, and does not replace a remedy the law preserves in the particular circumstances.

12. Other liability and risk allocation

Subject to section 11 and the exceptions below, to the extent permitted by law, our total aggregate liability to you arising out of or relating to the Service or these terms, whether in contract, negligence or otherwise, is limited to the greater of:

• the fees you paid or were payable for the Service during the 12 months immediately before the first event giving rise to the claim; and
• A$1,000.

This cap is an allocation of ordinary commercial service risk; it is not an exclusion of every responsibility. It does not apply to fraud, wilful misconduct or gross negligence by us, to our obligation to return amounts properly refundable, or to a liability that cannot lawfully be limited. It does not reduce a remedy preserved by section 11. A separately negotiated written agreement may provide a different allocation.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made. A direct, reasonably foreseeable loss does not become excluded simply because it involves profits, business interruption or data. This exclusion is subject to the same mandatory-rights and misconduct exceptions above. Each party must take reasonable steps to reduce avoidable loss, without surrendering its legal rights.

We are not responsible to the extent a loss was caused by your unlawful or unauthorised use, your material breach of these terms, or alterations made without our involvement, except to the extent our own act or omission caused or contributed to it. We do not impose a blanket customer indemnity for all AI outputs, all third-party claims or our own conduct.

13. Complaints, law and updates to these terms

Send complaints to support@firstreplyai.net with enough information for us to investigate. We aim to acknowledge a complaint within five business days and provide a substantive response within 20 business days, or explain why more time is reasonably needed. You may seek urgent relief or use a regulator, court, tribunal or statutory complaint process without first completing our internal process where the law permits.

We may send account-specific service and contractual notices to your verified account email and display them in your workspace. Keep that email current and accessible. Posting an update on the website alone does not replace individual notice where these terms or the law require it.

These terms are governed by Queensland law and applicable Commonwealth law. The courts and tribunals of Queensland have non-exclusive jurisdiction. This does not deprive you of mandatory protections or an available complaint or legal forum under another applicable law.

We will make revised terms available with a version and effective date and give reasonable notice of material changes. A material adverse contractual change requires a lawful basis and any acceptance the law requires; publication alone is not retrospective agreement. Changes do not remove accrued claims or alter charges already agreed for a current paid period without a lawful basis or your agreement. If a provision is unenforceable, the remaining provisions continue to the extent they can operate lawfully.

Contact: support@firstreplyai.net