Terms of Service

Last updated: 24 March 2026

These Terms of Service ("Terms") govern your use of the Brain Buddy AI Studio platform ("Platform") operated by Brain Buddy AI Pty Ltd ("Brain Buddy AI", "we", "us", "our"). By accessing or using the Platform, you agree to be bound by these Terms.

1. Definitions

  • "Customer" means the individual or organisation that subscribes to the Platform.
  • "Chatbot" means an AI-powered chat agent created and configured through the Platform.
  • "Visitor" means an end user who interacts with a Chatbot on the Customer's website or messaging channels.
  • "Message" means a single exchange (one visitor message and one AI response) processed through the Platform.
  • "Plan" means the subscription tier selected by the Customer (Starter, Pro, Business, or Agency).

2. Account Registration

Access to the Platform requires an invitation from an existing account holder or purchase of a subscription. You must provide accurate information and maintain the security of your account credentials. You are responsible for all activity under your account.

3. Subscriptions and Billing

3.1 Plans and Pricing

The Platform offers multiple subscription plans with varying feature sets and usage limits. Current plans and pricing are displayed on our pricing page. We reserve the right to change pricing with 30 days' notice.

3.2 Free Trial

New subscriptions include a 14-day free trial with access to all features. No credit card is required to start a trial. At the end of the trial, you must select a paid plan to continue using the Platform.

3.3 Billing Cycle

Subscriptions are billed monthly or annually in advance in Australian Dollars (AUD). All fees are exclusive of GST, which will be added where applicable. Payments are processed securely by Stripe.

3.4 Message Limits and Overages

Each plan includes a monthly message allowance per chatbot. If your chatbot exceeds its monthly message limit, additional messages are billed at $0.01 AUD per message as overage charges. Overage charges are calculated at the end of each billing cycle and charged to your payment method on file.

You will receive a warning notification when a chatbot reaches 80% of its monthly message limit. Your chatbot will never be blocked from responding to visitors due to usage limits.

3.5 Plan Changes

You may upgrade your plan at any time. Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing cycle.

4. Acceptable Use

You agree to use the Platform in accordance with our Acceptable Use Policy. You must not use the Platform for any unlawful purpose or in any way that violates these Terms.

5. Customer Data

5.1 Ownership

You retain ownership of all content you provide to the Platform, including knowledge bases, chatbot configurations, and business information. You also own the conversation data generated by your chatbots.

5.2 Data Processing

We process Visitor data on your behalf as a data processor. You are the data controller and are responsible for ensuring you have appropriate consent and legal basis for collecting Visitor data through your chatbots.

5.3 AI Processing

Chatbot conversations are processed by third-party AI models (Anthropic Claude). We do not use your conversation data to train AI models. The Self-Learning Engine analyses conversation patterns solely to improve your specific chatbot's performance.

6. Service Availability

We aim to maintain 99.9% uptime for the Platform. However, we do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance. We are not liable for downtime caused by third-party providers (Anthropic, Stripe, Supabase, Vercel, Meta).

7. AI Disclaimer

Chatbots powered by the Platform use artificial intelligence to generate responses. While we strive for accuracy, AI-generated responses may occasionally be incorrect, incomplete, or inappropriate. You are responsible for:

  • Reviewing and configuring your chatbot's instructions and knowledge base
  • Monitoring conversations for quality and accuracy
  • Ensuring AI-generated responses are appropriate for your industry and use case
  • Displaying an AI disclaimer to visitors (enabled by default)

Brain Buddy AI is not liable for decisions made by visitors based on AI-generated responses.

8. Intellectual Property

The Platform, including its design, code, features, and documentation, is the intellectual property of Brain Buddy AI Pty Ltd. "Brain Buddy AI", "Self-Learning Engine", and the Brain Buddy AI logo are trademarks of Brain Buddy AI Pty Ltd.

You are granted a non-exclusive, non-transferable licence to use the Platform for the duration of your subscription.

9. Limitation of Liability

To the maximum extent permitted by law, Brain Buddy AI's total liability for any claim arising from or relating to these Terms or the Platform is limited to the amount you paid us in the 12 months preceding the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

10. Termination

You may cancel your subscription at any time through the Platform's billing settings. Cancellation takes effect at the end of the current billing period. Upon cancellation:

  • Your chatbots will stop responding to visitors
  • You will retain access to export your data for 30 days
  • After 30 days, your data will be permanently deleted

We may suspend or terminate your account if you breach these Terms, with notice where practicable.

11. Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. Any disputes will first be addressed through good faith negotiation. If unresolved, disputes will be submitted to the jurisdiction of the courts of Queensland, Australia.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email at least 30 days before they take effect. Continued use of the Platform after changes constitutes acceptance.

13. Contact

For questions about these Terms, contact us at:

  • Email: legal@brainbuddy.ai
  • Brain Buddy AI Pty Ltd, Australia