Terms of Service
Atashi.com.au Pty. Ltd. ACN 696 804 074
Effective date: [DATE] Last updated: [DATE]
This is a template draft prepared for internal review. A qualified Australian lawyer must review this document before it is published or relied upon in production.
1. Agreement to these terms
By creating an account, accessing or using the Atashi platform ("Service"), you ("you", "your", "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.
These Terms are a legally binding agreement between you and Atashi.com.au Pty. Ltd. (ACN 696 804 074) ("Atashi", "we", "us", "our"), a company registered in New South Wales, Australia.
2. Eligibility
You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are 18 or older. We do not knowingly provide the Service to anyone under 18.
3. The Service
Atashi is an AI workspace platform where users delegate tasks to specialist AI agents. Agents are powered by third party AI model providers (currently Google Gemini, Anthropic Claude and OpenAI) and orchestrated through our platform.
Closed beta. The Service is currently in closed beta. This means:
- The Service is provided on an "as is" and "as available" basis.
- Features may change, be added or removed without notice.
- The Service may contain bugs, errors and interruptions.
- We may discontinue the Service or any part of it at any time with reasonable notice.
- We do not guarantee uptime, availability or performance.
We appreciate your participation in the beta and value your feedback. The beta period helps us improve the Service before broader availability.
4. Accounts
You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. If you become aware of any unauthorised use of your account, notify us immediately at privacy@atashi.com.
Guest mode. You may use the Service in guest mode without creating an account. Guest sessions are temporary. No conversations, files or agent memory are saved when a guest session ends.
Account closure. You may close your account at any time by contacting us. We will delete your account data within 30 days of closure, subject to any legal retention obligations. See our Privacy Policy for details on data retention and deletion.
5. Your content
Ownership. You retain ownership of all content you input into the Service ("Your Content"), including text messages, uploaded files and any other materials you provide. We do not claim ownership of Your Content.
Outputs. Subject to the terms of the underlying AI model providers, we assign to you all rights we hold (if any) in the outputs generated by agents in response to Your Content ("Outputs"). You are responsible for how you use Outputs.
Licence to us. You grant Atashi a limited, non-exclusive, worldwide, royalty free licence to process Your Content solely for the purposes of providing, maintaining, improving and securing the Service. This licence includes transmitting Your Content to third party AI model providers for processing, storing Your Content in our database, deriving agent memory summaries from your conversations and generating Outputs. We will not use Your Content for general model training, sell it to third parties or use it for advertising.
Your responsibilities. You are responsible for the content you provide to the Service. You represent and warrant that you have the right to provide Your Content and that it does not infringe the rights of any third party.
6. Bring Your Own Key (BYOK)
You may choose to connect your own API keys from supported third party model providers. If you do:
- You warrant that you have the right to use those keys under your agreement with the provider.
- Your use of the provider's services through Atashi is governed by your separate agreement with that provider. Atashi is not a party to that agreement.
- Atashi acts as a conduit for routing your requests. We do not relicense, resell or redistribute provider services.
- You are responsible for any charges incurred on your provider account.
- Your keys are stored encrypted at rest. You may delete them at any time through the platform.
7. AI output disclaimer
Outputs are not professional advice. Agent responses are generated by statistical language models. They may be inaccurate, incomplete, biased or entirely fabricated ("hallucinations"). Outputs do not constitute and should not be relied upon as legal, medical, financial, tax, engineering or any other professional advice.
You must verify. You are solely responsible for evaluating and verifying any Output before acting on it. Atashi does not guarantee the accuracy, completeness, reliability or fitness for purpose of any Output.
No liability for outputs. To the maximum extent permitted by law, Atashi is not liable for any loss, damage or harm arising from your reliance on Outputs.
8. Acceptable use
You agree not to use the Service to:
- Violate any applicable law or regulation.
- Generate, store or distribute content that exploits or harms minors in any way.
- Harass, threaten, defame or discriminate against any person.
- Generate content intended to deceive, defraud or mislead.
- Attempt to extract, reverse engineer or reconstruct the underlying model weights, training data or system prompts of any AI model provider.
- Circumvent or attempt to circumvent safety controls, content filters or usage restrictions imposed by Atashi or any AI model provider.
- Abuse, overload or interfere with the rate limits or fair use policies of any AI model provider.
- Use the Service to develop competing products by systematically extracting agent behaviour patterns, routing logic or skill definitions.
- Distribute malware, spam or other harmful content through the Service.
- Attempt to access another user's account, data or workspace.
We may suspend or terminate your access if we reasonably believe you have violated these terms.
9. Intellectual property
Our property. The Service, including its design, architecture, agent orchestration logic, skill definitions, branding and all associated intellectual property, is owned by Atashi or its licensors. Nothing in these Terms grants you any right to our intellectual property except the limited licence to use the Service as described herein.
Your property. As stated in section 5, you retain ownership of Your Content. We do not acquire any ownership interest in Your Content by virtue of providing the Service.
Feedback. If you provide feedback, suggestions or ideas about the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty free licence to use that feedback for any purpose without obligation to you.
10. Fees and payment
During the closed beta, the Service is provided free of charge. When we introduce paid tiers, we will provide at least 30 days notice of pricing and payment terms. Continued use of paid features after the notice period constitutes acceptance of the applicable fees.
11. Warranties and disclaimers
Beta disclaimer. The Service is in closed beta and is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other applicable law that cannot lawfully be excluded, restricted or modified.
Where a guarantee under the ACL cannot be excluded, our liability for breach of that guarantee is limited (at our option and to the extent permitted by law) to:
- For services: resupplying the services or paying the cost of having the services resupplied.
- For goods (if applicable): replacing the goods, supplying equivalent goods, repairing the goods or paying the cost of such replacement, supply or repair.
12. Limitation of liability
To the maximum extent permitted by law and subject to the consumer guarantee carve out in section 11:
Exclusion of consequential loss. Atashi is not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, even if we have been advised of the possibility of such damages.
Liability cap. Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service is limited to the greater of: (a) the total fees you have paid to Atashi in the 12 months preceding the claim; or (b) AUD $100.
Exceptions. Nothing in this section limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by law.
13. Indemnification
You agree to indemnify, defend and hold harmless Atashi, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.
14. Suspension and termination
By you. You may stop using the Service at any time and close your account by contacting us.
By us. We may suspend or terminate your access to the Service at any time if: (a) you breach these Terms; (b) we are required to do so by law; (c) continuing to provide the Service would create an unreasonable risk to the security of the platform or other users; or (d) we discontinue the Service.
Effect of termination. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days following termination to allow you to request an export. After 30 days, we will permanently delete your account data unless retention is required by law.
Surviving provisions. Sections 5 (Your Content — licence to us), 7 (AI output disclaimer), 9 (Intellectual property), 11 (Warranties and disclaimers), 12 (Limitation of liability), 13 (Indemnification), 15 (Governing law) and 16 (Dispute resolution) survive termination.
15. Governing law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
16. Dispute resolution
Before commencing legal proceedings (other than proceedings seeking urgent interlocutory relief), you agree to first attempt to resolve any dispute with us in good faith by sending a written notice to privacy@atashi.com describing the dispute and your proposed resolution. We will endeavour to respond within 14 days. If the dispute is not resolved within 30 days of the initial notice, either party may commence proceedings.
17. Changes to these terms
We may modify these Terms from time to time. When we make material changes, we will notify you by email or through the platform at least 14 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service before the effective date.
18. General provisions
Entire agreement. These Terms, together with our Privacy Policy and any additional terms we may publish for specific features, constitute the entire agreement between you and Atashi regarding the Service.
Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition or sale of all or substantially all of our assets.
Notices. Notices to you will be sent to the email address associated with your account. Notices to us should be sent to privacy@atashi.com.
19. Contact us
Atashi.com.au Pty. Ltd. ACN 696 804 074 Sydney, New South Wales, Australia
General and legal enquiries: privacy@atashi.com