Decidr

Join us for a live webinar
White globe icon
Decidr logo

AI Business reservation terms of service

  • Decidr.AI Pty Ltd (Decidr) is creating AI-first businesses, built from the ground up using artificial intelligence (AI Business). Decidr is granting customers the opportunity to reserve specific AI Businesses, with a view to entering into substantive documentation with Decidr to licence such AI Businesses upon their creation and delivery.

  • This AI Business Reservation Terms of Service (Agreement) is between you (the Customer) and Decidr and governs your use of Decidr’s AI Business Reservation Services (Services) and is made up of the following documents:

    • AI Business Reservation Form: The AI Business Reservation Form describes the AI Business that you have applied to reserve and will include the fee payable by the Customer (Reservation Fee).

    • Terms & Conditions: These Terms & Conditions are effective as of the date you make your reservation and make payment of your Reservation Fee (the Reservation Date).

  • By submitting an AI Business Reservation Form, the Customer acknowledges that the Customer has read, understood and agrees to be bound by all terms and conditions of this Agreement.

  • This Agreement constitutes the complete and exclusive agreement between the Customer and Decidr concerning the Customer's use of the Services, and supersedes and governs all prior proposals, agreements, representations or other communications.

  • Decidr reserves the right to modify this Agreement periodically and any such changes will be published on https://www.decidr.ai/. 

AI Business Reservation Forms

  • Subject to the terms and conditions as set out herein, Decidr will accept AI Business Reservation Forms from Customers seeking to reserve an AI Business (AI Business Reservation). 

  • AI Business Reservation Forms can be submitted by Customers that are businesses or individuals and there is no limit on the number of reservations the Customer can make.

  • The Customer acknowledges and agrees that Decidr does not guarantee that the Customer will be able to reserve or eventually receive the right to licence an AI Business. 

  • The Customer further acknowledges and agrees that Decidr may, at its sole discretion, elect to accept or reject the Customer's AI Business Reservation Form.

  • By submitting an AI Business Reservation Form, or by asking Decidr to reserve an AI Business, the Customer hereby represents and warrants to Decidr that:

    • all statements made by the Customer in connection with such application for reservation are complete and accurate;

    • the Customer is not reserving the AI Business for an unlawful purpose; and

    • the Customer will not knowingly use the AI Business in violation of any applicable laws or regulations.

Reservation Fee

  • As consideration for the AI Business Reservation, the Customer agrees to pay Decidr, upon submission of the Customer's AI Business Reservation Form, the Reservation Fee specified on the form.

  • The Customer's AI Business Reservation Form will not be processed by Decidr until Decidr receives payment of the Reservation Fee.

  • The Reservation Fee is refundable in the event that the Customer’s AI Business Reservation Form is refused, or the Customer or Decidr cancels the Customer’s AI Business Reservation at any time after the Reservation Date. 

  • In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by the Customer in connection with the Customer's payment of the Reservation Fee, the Customer acknowledges and agrees that the AI Business Reservation will be cancelled.

**AI Business Delivery and Fees **

  • On/within 90 days of the applicable Reservation Date, Decidr will provide the Customer with an estimated delivery date for the reserved AI Business/es. The estimated delivery date is only an estimate and Decidr does not guarantee when the AI Business will actually be delivered. 

  • The submitted AI Business Reservation Form lists the indicative licence fee (Licence Fee) payable for the acceptance of the delivered AI Business. As implementation costs are constantly changing and depend on many factors, such as your business type, the final Licence Fee will be calculated closer to the time of delivery.  

  • On or before the date on which delivery of the reserved AI Business has been confirmed by Decidr, the Customer will receive a quote (AI Business Quote) from Decidr which specifies:

    • the Licence Fee; 

    • any applicable subscription and implementation fees; and

    • a summary of the terms that will be included in the software licence agreement entered into between Decidr and the Customer for the licence of the AI Business (Licence Agreement), which will include:

      1. Exclusivity for a period of 12 months for the category, territory, product/service upon signature of the software agreement licence; 

      2. The ability to use Decidr trademarks (upon written approval).

  • Following delivery of the AI Business Quote, the Customer will have 30 days in which to accept the terms offered by Decidr and to enter into the Licence Agreement with Decidr. The Customer agrees that time is of the essence and that if the Customer does not respond to or refuses the AI Business Quote, the relevant AI Business may be made available to other customers. 

  • Before being granted access to the AI Business, the Customer must enter the Licence Agreement and pay the Licence Fee. The Reservation Fee will constitute a deposit towards the AI Business Fee and will applied against and credited towards the Licence Fee.

  • The Customer acknowledges that the AI Business is created upon receipt of an AI Business Reservation Form, so changes to the AI Business Reservation may be difficult, if not impossible, to accommodate. Decidr will try to accommodate any change request, noting that the Customer may be subject to price increases for any such requests made after the Reservation Date.

  • Decidr is licensing AI Businesses directly to end-consumers, and may unilaterally cancel any AI Business Reservation that in Decidr’s reasonable belief has been made with a view toward sub-licensing of the AI Business or that has otherwise been made in bad faith. An AI Business Reservation is personal to the Customer and may not be transferred or sold to another party. For the avoidance of doubt, the Customer may use a credit card linked to a business or other enterprise to pay the Reservation Fee.

  • Decidr may, in its absolute discretion, decide to award the AI Business to the Customer or to refund the Reservation Fee and award the AI Business to any other party.

Privacy and Intellectual Property

  • In addition to the information the Customer provides (User Information), Decidr may, subject to the Privacy Act 1988 (Cth), maintain records relating to any AI Business Reservation Form received by Decidr. Decidr also maintains records relating to the Services that Decidr provides to the Customer. These records may include, but are not limited to:

    • the submission date and time of a AI Business Reservation Form; 

    • communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between the Customer and Decidr;

    • records of the Customer's account, including dates and amounts of all payments and refunds;

    • the name, postal address, email address and telephone number of the Customer; and

    • information regarding all other activity between the Customer and Decidr regarding the Customer's use of the Services (collectively, Other Information).

  • The Customer acknowledges and agrees that, subject to the Privacy Act 1988 (Cth), Decidr may make available information the Customer provides or that Decidr otherwise maintains to such public or private third parties as applicable laws require or permit. Decidr may, subject to the Privacy Act 1988 (Cth), disclose personal information or information regarding the Customer's use of the Services, if, in its sole discretion, Decidr believe that it is reasonable to do so to satisfy laws, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against a party in breach of this Agreement; to operate the Services properly; or to otherwise protect Decidr. The Customer hereby irrevocably waives any and all claims and causes of action the Customer may have arising from such disclosure or use of information provided by the Customer by Decidr.

  • Decidr will take reasonable precautions to protect the information it obtains from the Customer from loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of that information. Decidr will have no liability to the Customer or any third party to the extent such reasonable precautions are taken.

  • Communications with Decidr are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Decidr.

  • The Customer acknowledges and agrees that, subject to the_ Copyright Act 1968_ (Cth), Decidr owns all source code, database, compilation, collective and similar rights, title and interests worldwide in Decidr's proprietary information and all information and derivative works generated from that information.

  • The Customer acknowledges that the successful reservation of an AI Business does not give the Customer any proprietary rights in any word composing the AI Business or in Decidr’s software or products.

  • On and from the Reservation Date, the Customer grants to Decidr a limited, non-transferable, revocable permission to use their name, business name and any business logo or trade mark (Customer IP) for the purposes of advertising, provided that:

    • Decidr must not place or depict the Customer IP in any manner or in any materials that may denigrate, disparage, tarnish or otherwise adversely affect the Customer IP or the Customer’s reputation;

    • this permission will be revoked upon the cancellation of the AI Business Reservation for any reason;

    • this permission can otherwise be revoked by the Customer if Decidr contravenes the requirements of this clause; and

    • Decidr acknowledges and agrees that the Customer retains all proprietary rights in the Customer IP.

Limitation of liability

  • Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (Consumer Warranties). This Agreement does not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Decidr disclaims all warranties. 

  • The Customer agrees that to the fullest extent permitted by law, Decidr will not be liable, under any circumstances, for any:

    • suspension, loss, or modification of the Customer's AI Business Reservation;

    • interruption of business;

    • events beyond Decidr's reasonable control; or

    • the processing of the Customer's AI Business Reservation Form.

  • The Customer also agrees that Decidr will not be liable for any indirect, special, incidental, exemplary, multiple or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Decidr has been advised of the possibility of such damages. Decidr's maximum aggregate liability under this Agreement shall not exceed the total amount paid by the Customer for the Services and shall in no event be greater than the Reservation Fee.

General

  • This Agreement is governed by the law applicable in the State of Victoria, Australia. The Customer and Decidr agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

  • The Customer agrees that, unless other instructions are posted on Decidr's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail return receipt requested, in accordance with the most current contact information the Customer has provided to Decidr and the contact information for Decidr posted on Decidr's web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

  • Waiver of any provision of or right under this Agreement:

    • must be in writing signed by the party entitled to the benefit of that provision or right; and

    • is effective only to the extent set out in any written waiver.

  • If any provision of this Agreement is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

  • Decidr may assign or transfer rights under this Agreement without restriction and without notice. The Customer must not assign any of its rights under this Agreement without prior written approval from Decidr.

    Apply to receive a subsidised AI business today