These terms apply to your use of selems.ai (the "Site") and any portal we make available under it. They are between you and Selems Pty Ltd (ABN: 72 698 017 686) ("Selems", "we", "us"). If you sign a Master Services Agreement with us, that agreement takes precedence over these terms for the matters it covers.
1. What we do
Selems builds and runs AI-driven workflow automations for Australian small and medium businesses, with a current focus on residential and small-commercial builders. The Site exists to describe the service, capture enquiries, and host the tenant portal.
2. Using the Site
- The Site is provided as-is. We try to keep it available and accurate but we do not guarantee uninterrupted access.
- You must not attempt to access areas of the Site you are not authorised to access, run automated scraping that overloads our infrastructure, or attempt to reverse-engineer the portal.
3. Accounts
The portal is accessed through your own Microsoft or Google account. You are responsible for keeping that account secure and for actions taken under it. Multi-factor authentication is required.
4. Acceptable use
You agree not to use the service to:
- Break Australian law or any law that applies to you.
- Send spam, malware, or content that infringes someone else's rights.
- Process sensitive information (as defined in the Privacy Act 1988) without written agreement with us first.
- Re-sell or sub-license access to the service without our written consent.
We may suspend or terminate access if you breach this section. Where the breach is fixable we will tell you and give you a reasonable chance to fix it first.
5. Intellectual property
- We own the workflow templates, agent definitions, prompts, code, and platform we build. You do not get a licence to that code; you get a right to use the service while you are paying for it.
- You own your business data, your input content, and any custom configuration that captures how your business runs. We process it on your behalf.
- AI outputs generated for you under the service are yours to use in your business. We retain a non-exclusive right to use de-identified, aggregated learnings to improve the service.
6. Fees and payment
- Fees are quoted in Australian dollars and are exclusive of GST unless stated otherwise. GST is added at the rate set under the GST Act 1999.
- Setup fees are billed at the start of the engagement. Recurring fees are billed monthly in advance via Stripe.
- Invoices are payable on issue. Overdue amounts may attract simple interest at 4% above the Reserve Bank of Australia cash rate, calculated daily.
- Disputed invoices must be raised within 14 days of issue. Undisputed amounts remain payable.
7. Termination
- You may stop using the Site at any time.
- For paid services, termination is governed by your MSA and SOW.
- We may suspend access where we reasonably believe a breach of these terms is occurring or where required by law. We will tell you why and give you a chance to respond unless that is not safe or practical.
On termination of a paid engagement we will return your business data and delete it from our systems on the timeline set in your DPA.
8. Australian Consumer Law
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) and that cannot be lawfully excluded. Where we can lawfully limit a guarantee for goods or services not ordinarily acquired for personal, domestic, or household use, our liability is limited to (at our option) re-supply or the cost of re-supply.
9. Liability
To the extent the law allows:
- We are not liable for indirect or consequential loss, loss of profit, or loss of business opportunity.
- Our total liability under or in connection with these terms is capped at the fees you have paid us in the 12 months before the event giving rise to the liability, or AUD 1,000 if no fees have been paid.
- Nothing in this section limits liability that cannot be limited by law (including under the Australian Consumer Law) or for fraud or wilful misconduct.
10. Privacy
We handle personal information under our Privacy Policy. By using the Site you agree to the collection, use, and disclosure described there.
11. Changes to these terms
We may update these terms. The version date is at the top. Material changes that affect your rights will be flagged on the Site or by email to your account contact at least 14 days before they take effect.
12. Governing law and disputes
These terms are governed by the law of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction.
Before starting court proceedings, the parties will try in good faith to resolve any dispute by direct discussion within 14 days of one party giving written notice. This clause does not stop either party from seeking urgent injunctive relief.
13. Other
- If any part of these terms is unenforceable, the rest stays in force.
- Notices to Selems go to legal@selems.ai. Notices to you go to the email on your account.
- These terms are the whole agreement on these subjects between you and us, except where overridden by an MSA.