1. About these Terms
1.1 These Terms of Service ("Terms") are an agreement between you and The Generous Company Pty Ltd (ACN 679 992 164), trading as Opair ("Opair", "we", "us"). They govern your use of the Opair platform, website and related services.
1.2 By creating an account, signing an Order Form or using the Services, you agree to these Terms. If you accept on behalf of a business, you confirm you are authorised to bind it, and "you" means that business.
1.3 If an Order Form or Statement of Work conflicts with these Terms, the Order Form or Statement of Work prevails for that engagement only.
2. Definitions and the Services
2.1 In these Terms:
- Agent means an automated AI worker you configure, or that Opair configures for you, on the Platform.
- Channel means an email address, phone number or messaging account (such as WhatsApp, Slack or Discord) through which an Agent communicates.
- Connected Service means a third-party application you link to the Platform, such as Xero, Slack or Google Workspace.
- Credits means the prepaid balance described in section 7.
- Customer Data means data, files and content you, your Agents or your Connected Services provide to the Platform.
- Implementation Services means setup, configuration and workflow-building work performed by Opair staff for you.
- Order Form means a quote, proposal or order you accept that describes Services and fees.
- Outputs means reports, documents, dashboards and other results the Platform produces for you.
- Platform means Opair's hosted software, including Agents, Channels, the Vault, projects and Artifacts.
- Services means the Platform and any Implementation Services.
2.2 The Platform. Opair is business operations software. You describe a task in plain language, and the Platform plans, builds and runs it with a team of Agents. Agents work with your Connected Services, can communicate through Channels, and return Outputs for you to review. AI model requests are routed to third-party model providers (see section 9).
2.3 Implementation Services. Where agreed in an Order Form, our team will scope, configure and test workflows for you, then hand them over. The scope, deliverables and Fees are set out in that Order Form.
3. What Opair is not
3.1 Opair does not provide financial, investment, tax, legal or accounting advice. Outputs are information to support your own decisions.
3.2 Opair is not a marketplace. We do not connect buyers and sellers or sell services provided by third parties.
3.3 Opair only charges for Services it provides itself. We do not accept payments on behalf of any other business.
3.4 No handling of funds. Opair does not hold, transmit, escrow, settle or store money for you or anyone else. Credits are a prepaid balance for Opair's own Services only (section 7). Opair does not issue payment cards, cryptocurrency, digital wallets or stored value usable with other businesses, to you or to your Agents, and Agents cannot use your Credits to buy from third parties. Where you automate a task involving payments, such as preparing an invoice or a supplier bill, the action runs through your own Connected Service, under your own account, credentials and controls.
4. Accounts
4.1 The Services are for business use. You must be at least 18 and use the Services for the purposes of a business, not for personal, family or household purposes.
4.2 You must give us accurate account and business information and keep it current. You are responsible for all activity under your account and for keeping login details secure.
4.3 You must tell us promptly at support@opair.ai if you suspect unauthorised access to your account.
5. Acceptable use
5.1 You must use the Services lawfully and only for your own business.
5.2 You must not use the Services, or instruct an Agent, to:
- commit or facilitate fraud, phishing, identity theft, money laundering, terrorism financing or any financial crime
- send spam or unsolicited commercial messages in breach of the Spam Act 2003 (Cth) or similar laws
- infringe intellectual property, privacy or other rights of any person
- collect personal information without a lawful basis, or scrape data in breach of a site's terms
- create, store or distribute unlawful, defamatory, harassing, hateful or sexually explicit content
- build or distribute malware, or attack, probe or overload any system
- bypass the Platform's security features, access scopes or limits
- resell or white-label the Services without our written agreement
5.3 Restricted businesses. You must not use the Services to operate, or to provide services to, a business in a category our payment providers prohibit. These include gambling, adult content, illegal drugs and cannabis, debt settlement, unlicensed money transmission, peer-to-peer payments, unlicensed lending, cryptocurrency mining or offerings, pyramid or multi-level marketing schemes, counterfeit goods, and unlawful weapons. If you are in a regulated industry, you are responsible for holding any licences your activity requires.
5.4 Sanctions. You confirm that you are not located in, or controlled by a person in, a country or region subject to Australian, United Nations, United States, United Kingdom or European Union sanctions, and are not on any sanctions list. You must not use the Services for the benefit of any such person.
5.5 We may investigate suspected breaches of this section and take the steps in section 13.
6. Agents and Connected Services
6.1 Agents act on your instructions. Actions an Agent takes within the access you grant are treated as your actions.
6.2 Access is granted by you, per step. When you connect a service, the Platform tells you whether the step needs read-only or read-and-write access. You can disconnect a service from a step, a project or your whole account at any time.
6.3 Credentials are stored encrypted in the Vault and released only to the step they were granted for. Agents use the credentials you connect without being shown them, and a credential that appears in a tool's output is removed before an Agent reads it. A credential an Agent creates is shown only to the Agents it is granted to.
6.4 Some Agent actions need your approval before they run. The Platform will ask you in its "Needs your attention" area. You are responsible for reviewing what you approve.
6.5 Your use of each Connected Service is governed by that provider's terms. You must have the right to connect it and to grant the access you grant.
6.6 You should review Outputs before relying on them for important decisions. AI-generated content can contain errors.
6.7 Channels. Agents can send and receive email and, where you enable them, messages on WhatsApp, Slack and Discord. Where you enable a phone number, Agents can receive SMS on it. Opair provisions agent email addresses and phone numbers (phone numbers through our SMS provider, currently Twilio). These are provided only for use with the Services and are released when the Agent or your account closes.
6.8 Communications law. You are responsible for what your Agents send and say. You must:
- not send unsolicited commercial messages, and comply with the Spam Act 2003 (Cth) and equivalent laws where your recipients are
- give any notice and obtain any consent the law requires before you use the Platform to transcribe a meeting
- comply with the rules of each messaging platform you connect, including WhatsApp's business messaging policies
6.9 Your own AI keys. You may connect your own API keys for supported AI model providers. Your use of those keys is governed by your agreement with that provider, who may charge you directly. Platform usage may still be charged in Credits.
7. Credits, fees and refunds
7.1 What you pay for. You pay for Platform usage with prepaid Credits, and for Implementation Services as set out in an Order Form. Every fee is for Services Opair provides itself.
7.2 Buying Credits. Credits are bought in advance through the Platform. They are denominated in United States dollars: US$1 paid buys US$1 of Credit. Each purchase must be between the minimum and maximum shown at checkout (currently US$10 and US$1,000). Prices exclude GST and other taxes; where tax applies, it is added at checkout and shown on the tax invoice we issue for the purchase.
7.3 What Credits are. Credits are a prepaid balance that can only be used to pay for the Services, such as AI model usage, computing, and the email, messaging and phone numbers your Agents use on the Platform. Credits are not money, a deposit or a payment instrument. They cannot be withdrawn, exchanged for cash, transferred to another person or account, or used with any other business, and they earn no interest.
7.4 Using Credits. Credits are deducted as your Agents work, at the rates shown on the Platform. You can set budgets for projects and Agents, and moving budget between your own Agents is an accounting entry within your balance, not a transfer of money. Work pauses when your balance or a budget runs out, and resumes when you add Credits or raise the budget.
7.5 Payment. Payments are processed by Stripe through its hosted checkout. We never receive or store your full card details. Because Credits are charged in US dollars, your card issuer may convert the amount and charge its own fees.
7.6 Refunds. Credits are not refundable once purchased, whether used or unused, except as set out in this section. We will refund any amount charged in error, or for a Service we did not provide, to the original payment method. To request a refund, email support@opair.ai. If a payment is refunded or reversed, including through a chargeback, the matching Credits are removed from your account, which may leave your balance below zero. Nothing in these Terms limits your rights under the Australian Consumer Law.
7.7 Expiry. Credits do not expire while your account is open. Unused Credits remaining when your account closes are not refundable, except under section 7.6 or where the law requires.
7.8 Automatic top-up. Opair does not currently offer automatic top-up. If we introduce it, it will be off unless you turn it on, and you will be able to turn it off at any time.
7.9 Implementation Services. Implementation Services are quoted in an Order Form before work starts and invoiced as set out in that Order Form, payable within 14 days of the invoice date. Implementation Services fees do not include Credits; Platform usage after handover is paid for with Credits bought under section 7.2.
7.10 Price changes. We will give you at least 30 days' notice by email before a change to Credit pricing or usage rates applies to you. Credits already bought keep their dollar value.
7.11 Billing questions. If you think a charge is wrong, contact support@opair.ai within 60 days so we can resolve it.
8. Customer Data and privacy
8.1 You own your Customer Data. You give us a licence to host, process and use it only to provide and support the Services for you.
8.2 We do not sell Customer Data, and we do not use it to train AI models.
8.3 We handle personal information in line with the Privacy Act 1988 (Cth) and our Privacy Policy at opair.ai/legal/privacy.
8.4 You are responsible for having a lawful basis, and any notices or consents required, for personal information you bring to the Platform.
8.5 We use reasonable technical and organisational measures to protect Customer Data, including encryption of stored credentials. We will notify you without undue delay if we become aware of a security incident affecting your Customer Data.
9. Third-party providers
9.1 The Platform uses third-party AI model providers and hosting providers to run the Services. We choose providers that meet our security and data-handling standards.
9.2 We are not responsible for the availability or conduct of Connected Services you choose to link. A change to a Connected Service may affect a workflow; we will make reasonable efforts to help you adapt it.
10. Intellectual property
10.1 Opair owns the Platform, its software, designs and documentation. These Terms give you a non-exclusive, non-transferable right to use the Platform while your account is open.
10.2 As between you and Opair, you own the Outputs and any deliverables we create specifically for you under an Order Form, once you have paid for them.
10.3 Opair keeps ownership of its general know-how, tools, templates and workflow patterns, and may reuse them without using your Customer Data or confidential information.
10.4 If you send us feedback, we may use it to improve the Services without obligation to you.
11. Warranties and the Australian Consumer Law
11.1 We will provide the Services with due care and skill. Implementation Services will substantially match the Order Form.
11.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those rights.
11.3 Apart from those rights and section 11.1, the Services are provided as available, and we do not promise they will be uninterrupted, error-free, or that Outputs will be accurate for every purpose.
12. Liability and indemnity
12.1 To the extent permitted by law, neither party is liable for indirect or consequential loss, including loss of profit, revenue or data.
12.2 To the extent permitted by law, Opair's total liability in any 12-month period is limited to the fees you paid us in that period. Where the Australian Consumer Law applies, our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.
12.3 These limits do not apply to liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
12.4 You indemnify Opair against claims by third parties arising from your breach of section 5, or from Customer Data you provide that infringes another person's rights.
13. Suspension
13.1 We may suspend your account, pause Agents or revoke a step's access if we reasonably believe you have breached section 5, your account is compromised, or suspension is required by law or by our payment or hosting providers.
13.2 We will give you notice and a chance to fix the issue first, unless doing so would risk harm to you, us, other customers or third parties.
14. Termination
14.1 You may close your account at any time by emailing support@opair.ai or through your account settings.
14.2 We may terminate these Terms on 30 days' written notice, or immediately if you materially breach them and do not fix the breach within 14 days of notice.
14.3 On termination, all Agents stop, access to Connected Services is revoked, stored credentials are deleted from the Vault, and agent email addresses and phone numbers are released. Unused Credits are dealt with under section 7.7. You must pay any fees for Implementation Services provided up to termination.
14.4 For 30 days after termination you may request an export of your Customer Data and Outputs. After that, we will delete them, except where the law requires us to keep records.
14.5 Sections 8, 10, 12 and 16 survive termination.
15. Changes to these Terms
15.1 We may update these Terms. We will email you at least 30 days before a material change takes effect. If you do not agree, you may cancel before the change applies.
16. Governing law and disputes
16.1 These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria.
16.2 Before starting proceedings, each party will try in good faith to resolve a dispute by negotiation for at least 30 days, except where urgent relief is needed.
17. General
17.1 These Terms, any Order Form and the Privacy Policy form the entire agreement about the Services.
17.2 If any part of these Terms is unenforceable, the rest continues in effect.
17.3 You may not assign these Terms without our written consent. We may assign them to a successor of our business with notice to you.
17.4 Neither party is liable for delay caused by events beyond its reasonable control.
18. Contact
The Generous Company Pty Ltd (ACN 679 992 164), trading as Opair
Melbourne, Victoria, Australia
support@opair.ai