Terms & Conditions

1. About these Terms

These Terms & Conditions ("Terms") govern your access to and use of the Avermind platform, including the websites we host for you, the online ordering and reservation pages, the dashboard, the HUB app, our APIs, and our AI assistant services (collectively, the "Service").

Avermind is operated by Mattijs Spierings, trading as Avermind (ABN: 63 990 397 854) ("we", "us", "our"). "You" means the business that holds the Avermind account.

You agree to these Terms when you create an account, when you tick the box to accept them (for example when you upgrade to a paid plan), or when you use the Service. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. Your Account and Users

You must provide accurate and complete information when you create your account, and keep it up to date. You are responsible for keeping your login details confidential and for all activity under your account, including activity by staff and other users you give access to (for example in the dashboard or the HUB app).

Notify us immediately at support@avermind.ai if you suspect any unauthorised use of your account.

4. The Service

Avermind is a platform for hospitality businesses. Depending on your plan and the add-ons you choose, the Service includes:

• A website for your business, hosted by us
• Online ordering for pickup and delivery, with online payments
• Table reservations and contactless table ordering
• Gift vouchers
• The HUB app (iOS and Android) for managing orders, reservations and your menu
• Optional add-ons, such as an AI phone assistant that takes orders and reservations or answers customer questions, SMS order confirmations, SMS promotional messages, staff time tracking, and Concierge (where we make changes for you)
• Integrations with third-party services such as Stripe and Square

The features included in each plan and add-on are described on our pricing page and in your dashboard. We may add, change or remove features over time. If a change materially reduces a feature you are paying for, we will give you reasonable notice.

We aim to provide a reliable service, but we do not guarantee uninterrupted availability. The Service is provided on an "as is" and "as available" basis.

Third-party dependencies: The Service relies on third-party providers, including cloud hosting, AI processing, telephony, SMS, email and payment providers. Outages, degraded performance or changes to these services may affect the Service. We are not responsible for interruptions caused by third-party providers, but we will make reasonable efforts to resolve issues and communicate known disruptions.

5. Free Trial

New accounts may receive a free trial for the period shown when you sign up. The trial lets you explore the Service and set up your account. Some features are not available during the trial, including publishing your website, receiving a phone number for the AI phone assistant, and taking live orders or payments. No payment details are required for the trial.

To keep using the Service after the trial, you need to upgrade to a paid plan. If you do not upgrade, your access may be suspended, but we will retain your account and data for a reasonable period.

6. Fees & Billing

Our current plans, add-ons and fees are shown on our pricing page and in your dashboard. The fees that apply to you are those shown at the time you subscribe or add a feature.

• Currency and GST: All fees are in Australian Dollars (AUD) and exclude GST unless stated otherwise. GST is added where applicable.
• Subscription fees: When you upgrade, your first billing period is charged immediately. After that, subscription fees are charged in advance on your renewal date each month.
• Add-ons: Add-ons you choose are added to your subscription and may be charged on a pro-rata basis until your next renewal date.
• Usage fees: Usage-based fees (for example SMS messages sent, or AI phone calls above an included allowance) are charged in arrears, together with your next subscription payment.
• One-off fees: One-off services, such as onboarding, are charged when you order them.
• Annual plans: Annual plans are billed upfront for a 12-month term and are non-refundable. Downgrades are not available during an active annual term. At the end of the term, billing automatically continues month-to-month at the standard monthly rate.

Payment authorisation: Billing payments are processed by Stripe. By providing your card details and upgrading, you authorise us to charge your nominated card for all fees under these Terms, on a recurring basis, until you cancel.

Price changes: We may change our fees by giving you at least 30 days' notice by email. The new fees apply from your first renewal date after the notice period ends. If you do not agree, you may cancel before then.

Failed payments: If a payment fails, we may retry it and suspend the Service until the outstanding amount is paid.

Refunds: Fees are non-refundable, including for partial billing periods, except where required by law. In exceptional circumstances, we may offer plan changes or refunds at our sole discretion. Contact support@avermind.ai.

7. Credits

We may give your account credits, for example as a promotion, as part of a special offer, or after a significant service interruption. We do not provide automatic credits or refunds for service interruptions.

• Credits are applied automatically to your bill, including subscription, add-on and usage fees, before your card is charged.
• If you have more than one credit, the credit that expires first is used first.
• Credits expire on the date shown in your dashboard. Unused credits are lost when they expire or when your account is cancelled.
• Credits have no cash value and cannot be transferred or refunded.
• We may cancel credits that were given in error, or if you breach these Terms.

When your credits are used up or expire, your card is charged as normal under your existing payment authorisation.

8. Online Payments from Your Customers

Online payments from your customers are processed through your own payment provider account (for example your own Stripe account, connected through Stripe Connect, or Square).

• Payments go directly to your payment provider account. We never receive or hold your customers' funds.
• You must accept your payment provider's own terms of service (for example the Stripe Services Agreement). Your payment provider's processing fees are charged to you by that provider.
• We charge a platform fee on each online payment, as shown on our pricing page or in your dashboard. Where supported, it is deducted automatically by your payment provider at the time of the transaction.
• You are the seller of the goods and services your customers pay for. You are responsible for refunds, chargebacks, disputes and any fees charged by your payment provider for them.
• If you charge a payment surcharge, you are responsible for making sure it complies with the law, including the rule that a card surcharge must not exceed your cost of accepting that card.

9. Your Responsibilities

You agree to:

• Use the Service only for lawful purposes and in accordance with these Terms.
• Keep your menu, prices, opening hours, delivery areas and other business information accurate and up to date.
• Provide accurate allergen and dietary information where required, and comply with food safety, liquor licensing and other laws that apply to your business.
• Fulfil the orders and reservations your customers make through the Service, and honour the vouchers and promotions you offer.
• Only publish content (including text, images and logos) on your website and menus that you own or have the right to use.
• Only send SMS promotional messages to customers who have consented to receive them, and comply with the Spam Act 2003 (Cth), including honouring opt-out requests.
• Inform callers, where required by law, that they may be speaking with an AI assistant and that calls may be recorded.
• Not use the Service to make or facilitate nuisance, harassing or fraudulent calls, messages or orders.
• Not attempt to reverse-engineer, decompile or otherwise access the source code of the Service.
• Not resell or redistribute access to the Service without our written consent.

10. AI Features

Some features use artificial intelligence, including the AI phone assistant that takes orders and reservations or answers questions on your behalf. AI can make mistakes. For example, it may mishear an order, misunderstand a request, or give a caller incorrect information.

• You should check orders and reservations created by the AI assistant before fulfilling them, using the dashboard or the HUB app.
• The AI assistant relies on the information and instructions you provide, such as your menu, opening hours and any knowledge base content. You are responsible for the accuracy, legality and appropriateness of that information.
• We do not review, verify or endorse the content you provide, and we accept no liability for incorrect, misleading or incomplete information given to your callers or customers as a result of it.

You must make sure the content you provide does not contain anything unlawful, defamatory, discriminatory or otherwise harmful.

11. Data & Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains how we collect, use and store your information.

Your customers' information: When your customers place orders, make reservations, buy vouchers, subscribe to messages or call your AI phone assistant, the Service collects their personal information (such as names, phone numbers, email and delivery addresses, order history, and call recordings and transcripts). We handle this information on your behalf and according to your instructions, solely to provide the Service. You are responsible for how you use your customers' information and for complying with your own privacy obligations, including having a privacy policy for your customers where required.

Call recordings: Calls handled by the AI phone assistant may be recorded and transcribed to provide the Service, for example to create orders, reservations and call summaries.

Card details: Card details are processed and stored by our payment providers (Stripe and Square). We do not store or have access to full card numbers.

Security: Data is stored on secure cloud infrastructure, encrypted in transit and at rest, and access is limited to the people and systems that need it to operate the Service. No system is completely secure, and we cannot guarantee absolute security.

We do not sell your data or your customers' data. We share it with third-party service providers only to operate the Service.

12. Intellectual Property

All rights, title and interest in the Service, including software, website templates, branding and content we create, remain with Avermind. These Terms do not give you any ownership rights in the Service.

The content you upload or create through the Service, such as menus, photos, logos and text ("Your Content"), remains yours. You grant us a licence to host, copy, display and adapt Your Content as needed to provide the Service, for example to publish it on your website and ordering pages.

13. Limitation of Liability & Indemnity

To the maximum extent permitted by law:

• Our total liability to you, in aggregate for all claims arising out of or in connection with the Service, is limited to the greater of the fees you have paid us in the 3 months before the first claim and AUD $100.
• We are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, orders, data or business opportunities.
• We are not liable for missed, incorrect or unfulfilled orders or reservations, statements made by the AI assistant, or interruptions caused by third-party providers.

You indemnify us against claims, losses and costs arising from the food, goods and services you provide to your customers, Your Content, the messages you send through the Service, and your breach of these Terms or the law.

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited by agreement. Where the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

14. Cancellation & Termination

You may cancel your subscription or individual add-ons at any time from the dashboard or by contacting us at support@avermind.ai. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

We may suspend or terminate your account if you breach these Terms, fail to pay fees when due, or if we reasonably believe your use of the Service poses a risk to us, your customers or other users. We will give reasonable notice where possible.

When your account ends, your website and ordering pages are taken offline, and any phone number we provided for the AI phone assistant may be released. You can ask us for a copy of your data within 30 days of your account ending.

15. Communications

We only send you emails that are needed to operate your account, including:

• Account notifications (for example password resets and email verification)
• Invoices, billing and payment confirmations
• Service notifications and important updates about the Service or these Terms

The Service also sends messages to your customers on your behalf, such as order and reservation confirmations by email or SMS.

We will not send you marketing emails without your consent. If we introduce optional marketing communications, you will be able to opt in or out at any time.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before they take effect. Your continued use of the Service after the changes take effect means you accept the updated Terms.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.

18. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@avermind.ai