Terms of Service

Welcome to Askable. These Terms of Service ("Terms") govern your use of our website (getaskable.com) and the services we provide (the "Service"). By using the Service, you agree to these Terms. The Service is operated by WAF Solutions Pty Ltd, trading as Askable ("we", "us", or "our").

1. Acceptance and Scope

By creating an account, accessing, or using the Service, you confirm that you:

• Are at least 18 years old and have the legal capacity to enter into these Terms
• Have read, understood, and agree to be bound by these Terms and our Privacy Policy
• Will comply with all applicable Australian laws and regulations
• Have authority to bind your organization (if using the Service on behalf of an entity)

2. Consumer Rights and Guarantees

Australian Consumer Law (ACL) applies to these Terms. If you are acquiring our services for personal, domestic, or household use, or you are a small business with fewer than 100 employees, you have rights under the ACL that cannot be excluded, including:

• Our services must be provided with due care and skill
• Our services must be fit for the purpose you tell us about
• Our services must be provided within a reasonable time
• Right to a remedy if services fail to meet consumer guarantees

Mandatory Consumer Rights Notice: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or replaced if the services fail to be of acceptable quality and the failure does not amount to a major failure.

3. Your Account and Responsibilities

You must provide accurate, current, and complete information when creating an account. You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your users and team members comply with these Terms
• Notifying us immediately of any unauthorized access or security breaches
• Keeping your account information current and accurate

You may not share account credentials or allow unauthorized access to your account. You are liable for all actions taken using your account credentials.

4. Content and Data Ownership

We distinguish between "Customer Content" (knowledge base articles, configurations, and materials you create) and "End-User Data" (conversation history and contact information of your customers).

Your Rights and Responsibilities

You retain full ownership of your Customer Content and End-User Data. You grant WAF Solutions a limited, non-exclusive, royalty-free license to use this data solely to provide and improve the Service as described in our Privacy Policy.

You represent and warrant that you:

• Own or have proper rights to all content you upload or process through the Service
• Have obtained all necessary consents from end-users for data processing in accordance with Australian privacy law
• Comply with all applicable Australian privacy laws and regulations (including the Privacy Act 1988)
• Will not upload content that infringes third-party rights or violates Australian law

Our Intellectual Property

The Service, including all software, designs, text, graphics, and other materials, is owned by WAF Solutions and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

5. Acceptable Use

You agree not to use the Service to:

• Upload or transmit illegal, harmful, offensive, or infringing content
• Engage in fraudulent, deceptive, or misleading activities
• Violate privacy rights or applicable Australian data protection laws
• Interfere with or disrupt the Service, servers, or networks
• Attempt unauthorized access to any part of the Service
• Reverse engineer, decompile, or attempt to discover source code
• Use the Service for competitive intelligence or to build competing products
• Send spam, unsolicited communications, or malicious content
• Violate any applicable Australian laws, regulations, or third-party rights

6. AI-Powered Features

Our Service includes AI-powered features such as response suggestions, content recommendations, and automated assistance. By using these features, you acknowledge that:

• AI suggestions are provided as assistance tools and may not always be accurate
• You retain full control and responsibility for all customer communications
• You should review AI-generated suggestions before using them with customers
• AI features are continuously improved based on usage and feedback
• You can disable or modify AI features through your account settings

7. Fees and Payment

Fees for paid features are described on our pricing page or in your subscription agreement. You agree to:

• Pay all applicable fees when due
• Provide accurate billing information
• Authorize recurring charges for subscription services
• Pay any applicable taxes including GST

Fees are generally non-refundable except as required by the Australian Consumer Law or as otherwise stated in writing. We may change pricing with 30 days' notice for new billing cycles. If you are a consumer under the ACL, you may be entitled to remedies for failure to provide services of acceptable quality.

8. Service Availability and Support

We strive to maintain high service availability but do not guarantee uninterrupted access, except as required by the Australian Consumer Law. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency repairs or security measures
• Third-party service provider issues
• Events beyond our reasonable control

We will provide reasonable notice of planned maintenance when possible. Support is provided according to your subscription plan and in accordance with consumer guarantee obligations where applicable.

9. Termination

Either party may terminate these Terms, subject to the rights and remedies available under the Australian Consumer Law.

Termination by You

You may terminate your account at any time through account settings or by contacting support. For subscription services, termination takes effect at the end of your current billing cycle unless you have cooling-off rights under Australian consumer law.

Termination by Us

We may suspend or terminate your account with reasonable notice if you:

• Materially breach these Terms or our Privacy Policy
• Fail to pay fees when due (after 30 days' notice and opportunity to remedy)
• Engage in prohibited activities that pose immediate risk
• Pose security or legal risks to our Service or other users

We may only terminate immediately without notice where legally required or for serious misconduct that poses immediate risk to the Service or other users.

Effect of Termination

Upon termination, your right to use the Service ceases. We will provide a reasonable opportunity (typically 30 days) to export your data before deletion, subject to legal requirements. This provision, liability limitations, indemnification, and dispute resolution survive termination.

10. Warranties and Liability

Consumer Rights: Nothing in these Terms excludes, restricts or modifies any consumer rights under the Australian Consumer Law. Where the ACL applies, our liability is limited to the maximum extent permitted by law.

Business Users: For users who are not consumers under the ACL, the Service is provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim all warranties, express or implied.

Limitation of Liability: To the extent permitted by Australian law and subject to consumer rights under the ACL, our total liability for all claims related to the Service shall not exceed the amounts paid by you to us in the 12 months preceding the claim. We shall not be liable for indirect, incidental, special, consequential, or punitive damages except where prohibited by the ACL.

11. Indemnification

To the extent permitted by Australian law, you agree to defend, indemnify, and hold harmless WAF Solutions, its employees, directors, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service or violation of these Terms
• Your Customer Content or End-User Data
• Your violation of Australian laws or third-party rights
• Negligent or wrongful acts by you or your users

This indemnification is subject to any consumer rights under the Australian Consumer Law.

12. Dispute Resolution

We encourage resolving disputes through direct communication. For formal disputes:

Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia. However, we may pursue enforcement proceedings in any jurisdiction where you reside or conduct business.

Alternative Dispute Resolution

Before pursuing court proceedings, parties agree to attempt resolution through mediation. Either party may initiate mediation by written notice. Consumers may also access dispute resolution services through relevant Australian consumer protection agencies.

13. Unfair Contract Terms

We have designed these Terms to be fair and reasonable. If any provision is found to be an unfair contract term under the Australian Consumer Law, that term will be void and unenforceable, but the remainder of these Terms will continue in effect.

14. Changes to These Terms

We may modify these Terms to reflect changes in our Service, business practices, or Australian legal requirements. For material changes, we will:

• Provide at least 30 days' advance notice via email and prominent website notice
• Clearly describe the nature and effective date of changes
• Allow you to terminate your account before changes take effect if you disagree (subject to any cooling-off rights under Australian consumer law)

Non-material changes (such as clarifications or administrative updates) may be made with shorter notice. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and WAF Solutions regarding the Service.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with appropriate notice.

Independent Contractors: These Terms do not create a partnership, joint venture, or employment relationship between the parties.

Australian Consumer Law: Where the Australian Consumer Law applies, nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available under that law.

16. Contact Us

For questions about these Terms, please contact us at:

• Email:legal@getaskable.com
• Entity Name: WAF Solutions Pty Ltd (trading as Askable)
• ABN: 25 678 395 689

For privacy-related inquiries, please contact privacy@getaskable.com.