Terms of Service

Last Updated: 26th May, 2025

1. Acceptance of Terms

Welcome to MaximisedAI. These Terms of Service (“Terms”) govern your access to and use of our website, products, and services, including AI-based solutions and automations (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. By using the Services, you acknowledge and accept these AI Use Terms and agree to be bound by their terms. You must be 18 years or older and able to form a binding contract with MaximisedAI to use the Service. If You are entering into these Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We may modify these Terms at any time, and the updated version will be effective as of the “Last Updated” date. We will provide notice of any significant changes. By continuing to use the Service after any changes, you agree to be bound by the revised Terms. Your continued use of the Services after any changes indicates your acceptance of the modified Terms. Regularly updating terms and conditions in accordance with business and legal changes will ensure continuous compliance and maintain transparency and trust with your users.

3. Services Description

MaximisedAI is an AI agency providing AI-based solutions to save time, free up resources and encourage growth by utilizing cost-effective automations. We can be a managed service (SaaS) or operate alongside your business to complete one-off engagements. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice. The Services may include AI agent development and implementation, voice AI solutions, custom AI application development, AI strategy consulting, and AI integration services.

4. User Accounts

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

When using our Services, you agree to provide accurate and complete information, maintain the security of your account, comply with all applicable laws and regulations, not use the Services for any illegal or unauthorized purpose, not attempt to interfere with or disrupt the Services, and not attempt to access data not intended for you. It is common to see terms and conditions which include a list of prohibitions or general guidelines to be followed by customers. These can be broad, such as stating that services are not to be used for illegal or unlawful purposes or that users must not try to breach or test the vulnerability of networks or circumvent security measures. If you allow your users to share content, you will want to have a section in your terms that governs their conduct and sets out what is acceptable and what isn’t.

6. Intellectual Property Rights

  • Our Intellectual Property: The Services, including all content, features, and functionality, are owned by MaximisedAI and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent. MaximisedAI and its licensors retain all rights to the intellectual property of the Service. Your use of the Service grants you no rights to use MaximisedAI’s trademarks, logos, domain names, or other brand features. Clarification regarding the company’s intellectual property ownership and stipulations on user utilization without permission should be outlined. Intellectual Property means any and all inventions (whether or not patentable), discoveries, materials, tools, software (both source and object code), works of authorship (whether or not copyrightable), know-how, technical information, data, trade secrets, work product, methods, processes, ideas, designs, schematics, and other forms of technology. Intellectual Property Rights means all copyright and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trademarks, service marks, trade names, registered design and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
  • Your Content: You retain ownership of any content you provide to us in connection with the Services (“Your Content”). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content in connection with providing the Services to you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that (i) you have all rights, permissions and consents necessary to make Your Content available on or through the Service and to grant MaximisedAI the limited rights to use Your Content as set forth in these Terms, and (ii) you will comply with the applicable data protection laws if You use personal data as part of Customer Content. The attorney-at-law decides on the content of the query (prompt) / input content, of which the work could potentially be a part. The attorney-at-law must have the right to use such work – whether as a property copyright owner, as a licensee, or under one of the forms of permitted use. The attorney-at-law is potentially liable for copyright infringement of the input content.
  • AI Training and Data Use: By using our Services, you acknowledge and agree that we may use data collected through our Services, including Your Content and interactions with our AI systems, to train, improve, and develop our AI models and services. This may include using anonymized or de-identified data for machine learning purposes. Developers have started to institute confidentiality restrictions for generative systems, including building generative systems that are exclusive to the law firm for which the system is developed. However, even when exclusive to a law firm, these systems are designed to use the information entered by users to learn and respond to future questions from users. The possibility of training models, especially on copyrighted data, is controversial. You should review the contract for using a specific AI tool in terms of regulating the rights to use the AI tool, input, and output content, and in particular, whether the provider undertakes to defend the user against third-party claims related to intellectual property rights to the input and output content. It is also necessary to determine, if any, the AI tool provider’s rights to the input and output content, and the restrictions on using such content, in particular, whether the tool provider obtains rights to such content, and possibly what kind of rights (e.g. a license). OpenAI’s policy states that users retain all ownership rights in Input and own all Output. However, because of the nature of its services and artificial intelligence generally, “Output” may not be unique and other users may receive similar content, and responses requested by and generated for other users are not considered your Output. Before using AI technologies, users should take the time to review the terms of use to understand any ownership implications.

7. Payment Terms

Certain Services may require payment. By using such Services, you agree to pay all fees and charges associated with your account on a timely basis. All payments are non-refundable unless otherwise specified in a separate agreement. For services provided on a subscription basis, you should set expectations for any ongoing maintenance. Detailed delineation of the chosen subscription pricing model and a comprehensive payment schedule outlining recurring billing cycles should be included.

8. Confidentiality

“Confidential Information” means information or materials provided by one party (“Discloser”) to the other party (“Recipient”) which are in tangible form and labelled “confidential” or the like, or, information which a reasonable person knew or should have known to be confidential. Confidential Information may include, but is not limited to, services, pricing information, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party, its affiliates and/or their employees and contractors; (3) has been rightfully received without obligation of confidentiality from a third party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to or use of, directly or indirectly, Confidential Information disclosed hereunder.

Neither party will use any Confidential Information of the other party except (i) as necessary to exercise its rights and fulfil its obligations under these Terms, (ii) as expressly permitted by these Terms or (iii) as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care.

Lawyers must carefully consider the confidentiality and privacy concerns that come with the use of AI. Sensitive and/or confidential information that is communicated during a call may potentially be included in transcriptions and summaries of that call and may therefore be visible to Account administrators, supervisors and coworkers that have access to such transcriptions and summaries. Any data that is submitted to a Generative AI tool by any participant in a summarized or transcribed call may potentially be included in a call summary or transcription and/or accessible to the Generative AI tool as referenceable data for that particular Customer.

9. Disclaimers and Limitations of Liability

  • Service Disclaimers: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Services will function without interruption or errors, that defects will be corrected, or that the Services are free of viruses or other harmful components. It is common to see clauses that state that a service or website is made available on an “as is” and “as available” basis which means that a user’s decision to use the service is taken at their own risk.
  • AI Technology Disclaimers: The AI tools, features and functionality offered through or in connection with the Services are provided on an “as is” basis, and MaximisedAI makes no representation or warranty with respect to the availability, the effectiveness, the accuracy or any other aspect of the output or performance of such AI tools, features and functionality. Use of the AI tools, features and functionality is at Your sole risk. Notwithstanding anything to the contrary otherwise set forth herein, You hereby release and agree to hold harmless MaximisedAI from and against, and that MaximisedAI will have no liability whatsoever in connection with, any damages or liabilities of any kind arising out of the use of the AI tools, features and functionality. Provide clear, conspicuous, and understandable notices regarding AI system limitations and potential errors in outputs. Lawyers should never solely rely on generative AI and must always review the content generated for factual and legal accuracy. OpenAI’s policy states that users are solely responsible for all use of the AI-generated content and evaluating it for accuracy and appropriateness for use, including human review as appropriate.
  • Limitations of Liability: When reasonable and drafted adequately, limitation of liability clauses can help protect your business against claims and lawsuits and limit the amount of money that you would have to pay in damages. While you cannot exclude your liability for just anything and everything, you could, for example, state that you will not be held liable should your users not be able to use your website or your product. This is important, especially if you offer a service or platform on which businesses rely in order to operate. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. You understand and agree that MaximisedAI set Service fees and entered into these Terms with You in reliance upon the limitations of liability set forth in these Terms, which allocate risk between the parties and form the basis of a bargain between the parties.

10. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Draft a strong termination provision to give your organization significant leverage throughout the contract term. Ensure the clause allows for termination if the AI provider’s services fall short of expectations, fail to meet your needs, or do not comply with the contract requirements. Protect your organization in the event the AI provider abruptly cancels by requiring notice and reimbursement requirements.

Define when you can revoke a user’s licence, such as for non-payment or a breach of the terms. A clear termination clause enables the company to swiftly remove users misusing the platform, safeguarding the site and other users.

Clearly define how the AI provider must handle data at the conclusion of the relationship. Specify the return or destruction of data and establish timelines for completing these actions.

11. Governing Law

[Insert Governing Law Clause – e.g., These Terms shall be governed and construed in accordance with the laws of New Zealand.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MaximisedAI regarding the Services and supersede all prior agreements and understandings, whether written or oral. These Terms, including the Data Processing Agreement referenced herein, together with the relevant order forms if any, represent the entire agreement between the parties relating to its subject matter and supersedes all prior and/or contemporaneous representations, discussions, negotiations and agreements, whether written or oral, except to the extent MaximisedAI makes any other software or other products and services available to Customer under separate written terms. In entering into these Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in these Terms. An entire agreement clause, also known as a merger or integration clause, expresses the parties’ intention that the agreement is final and integrates all previous negotiations, representations and warranties.

13. Non-Waiver

No waiver will be implied from conduct or failure to enforce rights. Waiver of a right must be in writing. Delay in exercising a right is not a waiver of that right. Waiver of one right does not serve as a waiver of other rights. No waiver will be effective unless in a writing signed on behalf of the party against whom the waiver is asserted.

14. Contact Information

For technical support, sales inquiries, or general questions, you may contact us via connect@maximisedai.com