Terms of Service

Last updated: 9 June 2026

These Terms of Service (“Terms”) govern your access to and use of the Mist.ai platform. Please read them carefully. By using Mist.ai, you agree to these Terms.

1. Who we are & acceptance

Mist.ai is operated by the partnership trading as Mist.ai, based in Perth, Western Australia (“Mist.ai”, “we”, “us”, “our”). By accessing or using the platform, or by being onboarded as a Client, you (“you”, the “Client”) agree to be bound by these Terms and by our Privacy Policy. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business.

2. Definitions

• Platform / Services — the Mist.ai software, websites, AI assistant, chat widget, dashboards and related features we make available to you.
• Client Data — the data you and your customers submit to or generate within the platform, including leads, jobs, invoices, customer records and conversations.
• Subscription — your paid plan giving you access to the Services.
• End Customer — a customer or prospect of your business who interacts with your widget or whose details you store in the platform.

3. Eligibility & accounts

Mist.ai is intended for Australian trades and service businesses. Onboarding is handled by our team — we set up your account during a guided onboarding process. You are responsible for keeping your login credentials secure, for all activity that occurs under your account, and for ensuring the information you provide is accurate and kept up to date. Notify us promptly at hello@mistai.com.au of any unauthorised use of your account.

4. Subscriptions, fees & free trial

The Services are provided on a subscription basis. Our current plans are Starter at $149 per month, Pro at $249 per month and Team at $349 per month (in Australian dollars). Clients who subscribed on earlier pricing retain their existing rate. New Clients may be offered a 14-day free trial; unless you cancel before the trial ends, your subscription will begin and the applicable fee will be charged. A one-time professional setup and onboarding fee of $499 applies to new accounts unless waived by us in writing. Optional add-on services (such as website builds, listing optimisation, expedited onboarding or additional staff seats) are quoted separately and invoiced as agreed before any work begins.

• Fees are billed in advance on a recurring monthly basis and, unless stated otherwise, are inclusive of GST.
• Subscriptions renew automatically each month until cancelled. You authorise us (through our payment processor, Stripe) to charge your nominated payment method for each renewal.
• Except as required by law (including the Australian Consumer Law), fees already paid are non-refundable, and cancelling part-way through a billing period does not entitle you to a pro-rata refund.
• We may change our pricing or plans on reasonable prior notice. Changes take effect from your next billing period. If you do not agree to a price change, you may cancel before it takes effect.

5. Payments from your End Customers (Stripe)

The platform lets you accept payments from your End Customers using Stripe Connect. When you use this feature:

• You must create and maintain your own Stripe account, and your use of Stripe is subject to Stripe’s own terms;
• Payments from your End Customers are settled directly to your nominated bank account via Stripe — Mist.ai does not hold or control those funds;
• A platform fee may apply to transactions processed through the platform, as disclosed to you; and
• You are responsible for the accuracy of your invoices, for any taxes you owe, and for resolving any disputes, chargebacks or refunds with your End Customers.

6. The AI assistant

The platform uses artificial intelligence to converse with your End Customers and to help capture leads, quotes and bookings. AI-generated responses can be inaccurate, incomplete or unexpected. You acknowledge that:

• the AI assistant is a tool to support your business, not a substitute for your own professional judgement;
• you are responsible for reviewing AI-generated content (such as quotes, prices and scheduling) before relying on or acting on it; and
• AI output does not constitute professional, legal, financial or trade advice, and we do not guarantee any particular result.

7. Acceptable use

You agree not to, and not to permit others to:

• use the Services unlawfully, or in breach of the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act 1988 (Cth) or any other applicable law;
• send marketing messages (SMS, email or otherwise) without the necessary consent, or to recipients who have opted out;
• upload unlawful, infringing, misleading or harmful content;
• attempt to gain unauthorised access to, disrupt, reverse engineer, or interfere with the platform or its security;
• resell, sublicense or provide the Services to a third party except as expressly permitted; or
• use the Services to build a competing product.

You are responsible for your End Customers’ data and for having the right to collect and store it. We may suspend or limit access if we reasonably believe these Terms are being breached or the platform is being misused.

8. Your data & ownership

As between you and us, you own your Client Data. You grant us a non-exclusive licence to host, store, process and transmit your Client Data as necessary to provide and improve the Services and as described in our Privacy Policy. We will handle personal information in accordance with that policy. You may request an export of your Client Data, and you may request its deletion after your account is closed, subject to any records we must retain by law.

9. Our intellectual property

The platform, including its software, design, branding, “Mist.ai” name and logo, and all related intellectual property, is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, for your own business purposes, in accordance with these Terms. We may use anonymised and aggregated data that does not identify you or any individual to operate and improve our Services.

10. Third-party integrations

The platform integrates with third-party services such as Stripe, Twilio, Google (including Google Calendar and the Gemini AI model), Xero and our email provider. Your use of those integrations may be subject to the third party’s own terms and privacy policies. We are not responsible for third-party services, and their availability or behaviour is outside our control.

11. Availability & support

We work to keep the platform available and reliable, but we do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable for maintenance, updates or reasons beyond our control. We provide Client support by email at hello@mistai.com.au and aim to respond within a reasonable time.

12. Cancellation & termination

You may cancel your subscription at any time from your account or by contacting us; cancellation takes effect at the end of your current billing period, and you retain access until then. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees, or use the Services unlawfully. We may also terminate on reasonable notice if we discontinue the Services. On termination, your right to use the platform ends; we will make your Client Data available for export for a reasonable period before deleting it, except where we must retain records by law.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant Services or paying the cost of having them re-supplied.

14. Disclaimers & limitation of liability

Subject to section 13, the Services are provided “as is” and we exclude all warranties not expressly stated in these Terms to the extent permitted by law. To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or business opportunity; and
• our total aggregate liability arising out of or in connection with the Services and these Terms is limited to the total subscription fees you paid to us in the three (3) months immediately before the event giving rise to the liability.

We are not liable for loss caused by your misuse of the Services, your breach of these Terms, AI output you did not review, or the acts or omissions of third-party providers.

15. Indemnity

You agree to indemnify us against claims, losses and costs (including reasonable legal costs) arising from your use of the Services in breach of these Terms or the law, your Client Data, or your dealings with your End Customers, except to the extent caused by our own breach or negligence.

16. Changes to these Terms

We may update these Terms from time to time. The current version will always be available at mistai.com.au/terms, with the “Last updated” date shown above. If we make a material change, we will take reasonable steps to notify you. Continuing to use the Services after a change takes effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.

18. Contact us

Questions about these Terms? Contact us at:

Mist.ai
Email: hello@mistai.com.au
Perth, Western Australia