Terms of Service

These Terms of Service (the Terms) form a binding agreement between you (the Customer, you) and TW AI Pty Ltd (ACN 697 524 771, ABN 70 697 524 771), a company registered in Brisbane, Queensland, Australia and trading as Totally Wild AI (Totally Wild AI, we, us, or our).

They cover your access to and use of the Totally Wild AI platform at app.totallywild.ai, the marketing site at totallywild.ai, and any related software, APIs, documentation and services (together, the Service).

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Definitions

In these Terms:

• Authorised User means any individual to whom you grant access under your Account.
• Inputs means any prompt, requirement, document, code, or other content you submit to the Service.
• Outputs means any architecture document, code, project plan, diagram, or other deliverable generated by the Service in response to your Inputs.
• Customer Data means Inputs, Outputs, your account information, and any other data we process on your behalf.
• Sub-processor means a third party we engage to help deliver the Service (for example, AWS, Cloudflare, Anthropic, OpenAI). Our current Sub-processors are listed at totallywild.ai/subprocessors.
• Regulated Customer means a Customer that holds an Australian Financial Services Licence (AFSL), an Australian Credit Licence (ACL), an authorisation from the Australian Prudential Regulation Authority (APRA), a New Zealand Financial Markets Authority (FMA) licence, registration with the Reserve Bank of New Zealand, or any equivalent licence or authorisation in another jurisdiction.
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• NZ Consumer Law means the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

Authority. If you create an Account on behalf of a company, partnership, trust or other entity, you warrant that you are authorised to bind that entity to these Terms. If you sign up without naming an entity, you accept these Terms personally.

Account security. You are responsible for all activity under your Account, whether or not you authorised it, except where caused by our negligence. Keep your credentials confidential, enable two-factor authentication for sensitive operations where offered, and notify us promptly at legal@totallywild.ai if you suspect any unauthorised access.

Email recovery. Password reset relies on the email address registered to your Account. You are responsible for the security of that email account.

Impersonation. Any individual who creates an Account while falsely representing they act for an entity is personally liable for that misuse, must immediately cease use on notice from us, and indemnifies us for any third-party claim arising from the impersonation. We may at any time require entity-verification documentation (an ABN/NZBN match, a domain-verified email address) for any Account claiming to act for a Regulated Customer.

Licence. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription term to access and use the Service for your internal business purposes.

Authorised Users. You may grant access to your employees and contractors who are bound by confidentiality obligations at least as protective as these Terms. You remain responsible for their acts and omissions.

AI providers. The Service uses third-party large language models (currently including models from Anthropic and OpenAI). We do not warrant the continued availability of any specific model and may substitute models at our discretion, provided the substitution does not materially degrade the Service.

Beta features. Anything labelled "beta", "preview" or "experimental" is provided strictly as-is, with no service-level commitments, may be withdrawn at any time, and is excluded from any warranty or indemnity in these Terms (to the extent we may lawfully do so).

You must not use the Service to:

• break the law, or infringe anyone's intellectual property, privacy or other rights;
• create content that is defamatory, harassing, child sexual-abuse material, or designed to facilitate violence;
• make consequential decisions about people without a qualified human reviewer in the loop — including decisions about credit, housing, employment, insurance, government benefits, medical diagnosis or treatment, autonomous control of safety-critical systems, or autonomous weapons;
• generate malware, exploit code, phishing infrastructure, or anything intended to facilitate cyber-attack, terrorism or CSAM;
• reverse engineer, decompile, scrape, or attempt to discover the source code, prompts, system messages, model weights or architecture of the Service or any underlying model;
• use the Service or Outputs to develop a product that competes with the Service, train a competing AI model, or benchmark for the purpose of building such a product;
• circumvent our rate limits, usage controls, security measures, or attempt prompt-injection or jailbreaking techniques against the Service;
• resell, sublicense or expose the Service to third parties without our written consent.

You also acknowledge that:

• Outputs may be wrong. Large language models hallucinate. Outputs may be plausible but incorrect, fabricated or misleading. You are solely responsible for evaluating and validating Outputs before relying on them.
• AI-generated code is not production-ready by default. Generated code may contain bugs, security vulnerabilities, license-incompatible snippets, or deprecated APIs. You must review, test, and validate it through qualified personnel before deploying to production.
• Prompt-injection risk is real. Third-party content you upload (documents, web pages, transcripts) may contain instructions intended to alter Outputs. You are responsible for sanitising and reviewing third-party content before submission.
• Models can be biased. If you use Outputs to inform decisions affecting people, you are responsible for assessing and mitigating bias.

We may suspend access immediately on any breach of this Section 4 and may terminate the Account on continued or material breach.

Ownership. As between you and us, you own all Inputs and (subject to the IP rules in Section 6) all Outputs generated for you. We assign to you all right, title and interest we may have in Outputs.

Licence to operate. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display and modify Inputs and Outputs solely to the extent necessary to: (a) provide the Service to you; (b) prevent or address security incidents, fraud or abuse; (c) comply with applicable law; and (d) generate aggregated, de-identified statistical data that does not identify you or any individual.

No training without consent. We will not use Customer Data, Inputs or Outputs to train, fine-tune or evaluate any of our or a third party's AI model without your prior written consent. We configure our calls to upstream model providers (including Anthropic and OpenAI) to disable training on your data where the provider supports such a setting.

Confidentiality. Each party will treat the other's Confidential Information with at least the same standard of care it applies to its own confidential information (and in any case no less than reasonable care), use it only to perform under these Terms, and disclose it only to personnel and Sub-processors with a need to know who are bound by equivalent obligations. Customer Data and your Inputs are your Confidential Information. The Service architecture, prompts, system messages, evaluation harnesses and pricing are our Confidential Information. The usual carve-outs apply (information that is or becomes publicly known through no breach, independently developed without access to the other's Confidential Information, lawfully received from a third party without confidentiality obligations, or required by law to be disclosed with prior notice where lawful). The obligations in this Section survive termination for five years, and indefinitely for trade secrets.

Retention and deletion. Customer Data is retained while your Account is active and is deleted within thirty (30) days of termination, save for: (i) data we are required by law to retain; (ii) encrypted backups, which are overwritten on a rolling cycle of up to ninety (90) days; and (iii) suppression-list entries needed to honour unsubscribe requests.

We use the standard industry framework for software-services contracts: Background IP, Foreground IP (Customer Outputs), Residuals, and Publicity.

(a) Background IP — the Totally Wild AI Platform

All right, title and interest in the Service — including the agent scaffolding, prompt libraries and system messages, orchestration layer, evaluation harnesses, patterns library, base templates, internal tooling, fine-tuned components, documentation, and any aggregated or de-identified analytics derived from operating the Service — is and remains our property and that of our licensors (the Background IP). We grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use Background IP solely as embedded in your Outputs. Nothing else in these Terms transfers any Background IP to you. We may freely use Background IP for other customers and purposes.

(b) Foreground IP — your Customer Outputs

The specific Outputs the Service generates from your Inputs — including architecture documents, generated code, configuration, project plans and diagrams (the Customer Outputs) — are assigned to you on payment of all applicable fees for the relevant subscription period. Until that payment is made, your licence to use Customer Outputs is conditional on your compliance with these Terms. You are responsible for clearing any third-party rights that may attach to Outputs (including any open-source licence obligations on code patterns produced by the Service).

(c) Residuals

Each party may use the general knowledge, skills, and experience its personnel acquire during the engagement — including ideas, concepts, techniques, and know-how retained in unaided memory — provided this does not include the other party's Confidential Information or, in our case, your Customer Outputs. "Unaided memory" means information retained without intentional aid such as notes, copies, recordings, or prompts.

(d) Publicity

You grant us the right to refer to the engagement in marketing materials in anonymised form — describing the architectural shape of the problem, the kind of outcome delivered, and patterns we used — provided the description does not identify you and does not disclose your Confidential Information or Customer Outputs. Use of your name, logo, direct quotations or any reasonably-identifying detail requires your prior written consent (email is sufficient). You may withdraw that consent on written notice for future use.

(e) Feedback

If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them without restriction.

General. You warrant that:

• you have authority to enter these Terms and to grant the licences in Section 5;
• your Inputs do not infringe any third party's IP, privacy, contractual or other rights, and you have all rights necessary to submit them;
• your use of the Service complies with all applicable laws, including export-control, sanctions, anti-bribery and anti-money-laundering laws;
• you will not submit Inputs containing personal information unless you have provided required notices and obtained any required consents from the individuals concerned.

Regulated Customer warranties. If you are a Regulated Customer, you additionally warrant that:

• you hold and will maintain throughout the term all licences, registrations and authorisations required for your business — including (as applicable) an AFSL under the Corporations Act 2001 (Cth), an Australian Credit Licence under the National Consumer Credit Protection Act 2009 (Cth), APRA authorisation, FMA licensing under the Financial Markets Conduct Act 2013 (NZ), and Reserve Bank of NZ registration where applicable;
• you are solely responsible for compliance with your own regulatory obligations, including ASIC Regulatory Guides (notably RG 271 internal dispute resolution, RG 274 product design and distribution, RG 209 responsible lending), APRA prudential standards (notably CPS 230 operational risk, CPS 234 information security, CPS 231 / 232 outsourcing), the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and equivalents in NZ;
• you acknowledge we are not a financial-services provider, are not licensed to provide financial product advice, and that no Output is to be construed as advice to your end-clients. Outputs delivered to your end-clients without independent professional review are at your sole risk;
• your use of the Service has been approved by your risk and compliance functions to the extent required by your internal frameworks; and
• you are responsible for any required notification to your prudential or conduct regulator about your use of the Service as a material service provider.

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We use Sub-processors to deliver the Service. The current list — including each Sub-processor's role, the categories of data shared, and the country of processing — is published at totallywild.ai/subprocessors. We will use commercially reasonable efforts to give thirty (30) days' advance notice of new Sub-processors via that page or a notification mailing list. If you reasonably object to a new Sub-processor on data-protection grounds, we will work with you in good faith to address the objection; if we cannot, you may terminate the affected portion of the Service for cause without penalty.

We remain accountable under Australian Privacy Principle 8 for personal information disclosed to overseas Sub-processors and impose contractual obligations on them at least as protective as the Privacy Policy and these Terms.

We will notify you without undue delay (and in any case within seventy-two (72) hours) of becoming aware of any incident affecting your Customer Data, with sufficient information to allow you to meet any notification obligations under Part IIIC of the Privacy Act 1988 (Cth), Part 6 of the Privacy Act 2020 (NZ), or the GDPR.

We use commercially reasonable efforts to make the Service available, excluding scheduled maintenance, emergency maintenance, and force-majeure events.

The standard self-serve plan does not include a contractual uptime SLA, service credits, or 24/7 support. Support is provided by email at support@totallywild.ai during Brisbane business hours, with no committed response times. If you require an SLA, named support, dedicated security commitments, or a Master Services Agreement, contact us at legal@totallywild.ai.

Nothing in this Section limits any consumer guarantee under the Australian Consumer Law (where it applies) or the NZ Consumer Law that cannot lawfully be excluded.

Fees are payable as set out on the published pricing page applicable to your plan or in any Order Form we agree with you. Unless we say otherwise, fees are exclusive of GST and any other applicable taxes, and you are responsible for those taxes.

Subscriptions auto-renew at the end of each term unless cancelled before renewal. We may change pricing on at least thirty (30) days' notice; price changes take effect at the next renewal and your sole remedy if you do not accept a price change is non-renewal.

We may charge simple interest on overdue amounts at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily, until paid in full.

These Terms apply for the duration of your subscription. You may cancel at any time effective at the next renewal via the Account dashboard. We may terminate for convenience on thirty (30) days' written notice with a pro-rata refund of unused prepaid fees.

We may suspend or terminate immediately (or after a cure period as we reasonably determine) if:

• you materially breach these Terms and have not cured within fourteen (14) days of notice;
• you breach the acceptable-use rules in Section 4 (suspension may be immediate);
• you are insolvent, in administration, liquidation, or any analogous proceeding;
• fees are more than thirty (30) days overdue after one written reminder;
• we reasonably believe the Account is being used for fraud, illegal activity, or to harm the Service or other customers;
• a Sub-processor or upstream model provider terminates or suspends our access for reasons attributable to your use;
• your regulator notifies us that your use of the Service is non-compliant and you have not promptly cured; or
• you become a Designated Person on Australia's Consolidated List of sanctions or any equivalent list we are bound to honour.

On termination, your access to the Service ceases. We make Customer Data available for export for thirty (30) days, after which it is deleted in accordance with Section 5. Sections 5, 6, 7, 12, 13, 14, 15, 16, 17, 18 and 19 survive termination, along with any other provision that by its nature should survive.

As-is. Except as expressly stated in these Terms and to the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currency, title and non-infringement, and any warranty that the Service will be uninterrupted, secure or error-free.

AI-specific disclaimers. Without limiting the previous paragraph, we make no warranty that any Output will be accurate, complete, free of hallucinations, suitable for production deployment, secure, or compliant with any law or regulation (including any rule applicable to you as a Regulated Customer). You are responsible for evaluating and validating Outputs before relying on them.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Where the supply of the Service to you is of a kind not ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any consumer guarantee under the Australian Consumer Law is limited, at our option, to: (a) supplying the Service again; or (b) paying the cost of having the Service supplied again. This limitation is made under section 64A of the Australian Consumer Law.

NZ Consumer Law (B2B contracting out). Where you are acquiring the Service in trade and these Terms apply, the parties agree that the Consumer Guarantees Act 1993 (NZ) and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (NZ) do not apply, to the extent they may lawfully be contracted out of under section 5D of the CGA and section 5C of the FTA. You warrant that you are acquiring the Service in trade and that it is fair and reasonable for these provisions not to apply, given that we are a small business supplying standard-form services on standard-form pricing reflecting the limited-warranty position.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, special, incidental, consequential or exemplary loss, including lost profits, lost revenue, lost or corrupted data, lost goodwill, business interruption, regulatory fines or penalties, cost of cover, or cost of substitute services, however caused and whether in contract, tort (including negligence), under statute or otherwise.

Each party's aggregate liability arising out of or related to these Terms in any twelve (12) month period is limited to the greater of: (a) the fees you paid (or were payable) to us in the twelve (12) months preceding the claim; or (b) AUD $100.

The limits in this Section do not apply to: (i) liability for death or personal injury caused by negligence; (ii) fraud or wilful misconduct; (iii) a party's indemnity obligations in Section 14; (iv) your obligation to pay fees due; or (v) any liability that may not lawfully be limited (including consumer guarantees that cannot be excluded under the Australian Consumer Law).

Our indemnity. Subject to the limits in Section 13 and the carve-outs below, we will defend you against, and pay any amount finally awarded against you (or agreed in settlement) on, a third-party claim that the Service (excluding Outputs and Inputs) directly infringes that third party's Australian or New Zealand patent, registered trade mark, copyright or trade secret — provided you used the Service in accordance with these Terms.

We have no obligation under the previous paragraph for any claim arising from: (a) combination of the Service with non-Totally Wild AI technology; (b) modifications to the Service made by you; (c) use after we have notified you to stop; (d) use of beta features; or (e) Inputs or Outputs.

If a claim arises or we reasonably believe one will, we may at our option: (i) modify or replace the Service to make it non-infringing; (ii) procure a licence allowing continued use; or (iii) terminate the affected Service with a pro-rata refund of unused prepaid fees. The remedies in this Section are your sole and exclusive remedies for any third-party IP claim relating to the Service.

Your indemnity. You will defend us, our affiliates, and our personnel against, and pay any amount finally awarded (or agreed in settlement) on, a third-party claim arising out of or relating to:

• your Inputs (including any IP, privacy, defamation or illegality claim);
• your or your end-clients' use of, distribution of or reliance on Outputs, including any claim by an end-client that the Output caused loss;
• your breach of Section 4 (acceptable use);
• your breach of any warranty in Section 7, including any claim by a regulator (including ASIC, APRA, AUSTRAC, the FMA, or the Reserve Bank of NZ) or end-client of a Regulated Customer that relates to your licensed activities; or
• any unauthorised Account creation or impersonation under Section 2.

Procedure. The indemnified party must give prompt written notice of the claim, give the indemnifying party reasonable cooperation, and allow the indemnifying party to control the defence and settlement (provided no settlement requiring an admission of liability or material affirmative obligation by the indemnified party may be made without that party's consent, not to be unreasonably withheld).

You warrant that you are not, and are not owned or controlled by, a Designated Person under Australia's Consolidated List (administered by DFAT under the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth)), and that you are not located in or operating from a sanctioned jurisdiction.

You will not use the Service in a way that breaches Australian sanctions laws, the US OFAC sanctions program, EU sanctions, or UK sanctions.

You will not use the Service to facilitate any breach of the foreign-bribery offences in Division 70 of the Criminal Code Act 1995 (Cth), the US Foreign Corrupt Practices Act, the UK Bribery Act 2010, or any equivalent law.

You will not export Outputs or use the Service in a way that breaches the Defence Trade Controls Act 2012 (Cth) or the US Export Administration Regulations / ITAR where applicable. AI-generated code that implements certain cryptographic, dual-use or military-listed technology may fall within scope.

We may vary these Terms from time to time. We will give you at least thirty (30) days' prior notice of any material change — by email to your Account email address and/or by in-product notice. A change is "material" if it adversely affects your rights or increases your obligations in a material respect.

For non-material changes (clarifications, formatting, Sub-processor list updates), we may publish the updated Terms with a new "last updated" date without prior notice.

If you do not accept a material change, your sole remedy is to terminate the Service before the change takes effect, with a pro-rata refund of unused prepaid fees. Continued use after the effective date of a change is acceptance of the change.

We may make changes immediately where required by law, by a regulator, or for security or safety reasons, with notice to you as soon as reasonably practicable.

These Terms are governed by the laws of Queensland, Australia, and the Commonwealth of Australia where applicable. The courts of Queensland and the Federal Court of Australia (Brisbane registry) have exclusive jurisdiction over any dispute, save that either party may seek urgent injunctive or equitable relief in any court of competent jurisdiction.

Before commencing proceedings (other than for urgent injunctive relief), the parties will attempt in good faith to resolve any dispute by senior-level negotiation for at least thirty (30) days from written notice of the dispute.

For New Zealand customers: the parties acknowledge that mandatory provisions of NZ law continue to apply to the extent they cannot lawfully be excluded.

Entire agreement. These Terms, together with our Privacy Policy, our Acceptable Use rules in Section 4, the Sub-processor list, and any Order Form we sign with you, are the entire agreement between us and supersede any prior agreement on the same subject. In case of conflict, the order of precedence is: signed Order Form, Privacy Policy, these Terms, Sub-processor list.

Severability. If any provision is held to be invalid or unenforceable, the rest remains in effect.

No waiver. Failure to enforce a provision is not a waiver of any right.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate, successor, or in connection with a merger, acquisition or restructure, with notice to you.

Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment or joint venture.

Force majeure. Neither party is liable for delay or failure caused by an event beyond its reasonable control, including (without limitation) cyber-attacks, internet or upstream-provider outages, pandemic, war, regulatory action, or labour dispute. Affected obligations are suspended for the duration of the event. If the event continues for more than sixty (60) days, either party may terminate the affected portion of the Service on written notice.

No third-party beneficiaries. These Terms confer no rights on third parties. The Contracts (Privity) Act 1982 (NZ) and any equivalent law are excluded to the extent permitted.

Electronic acceptance. You may accept these Terms by clicking "I accept" or any equivalent control. Such acceptance is binding under the Electronic Transactions Act 1999 (Cth) and the NZ Contract and Commercial Law Act 2017.

Notices. We may give you notice by email to your Account email address, by in-product notification, or by posting at the URL of these Terms (www.totallywild.ai/terms). You may give us notice by email to legal@totallywild.ai and, for formal legal notices, by post to our registered office.

Questions about these Terms? Email legal@totallywild.ai.
Privacy questions go to privacy@totallywild.ai.

TW AI Pty Ltd (ACN 697 524 771) trading as Totally Wild AI · ABN 70 697 524 771 · Brisbane, Queensland, Australia