Terms of Service

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 Mist AI Pty Ltd (ACN 701 231 398, ABN 13 701 231 398), 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, and for larger businesses Enterprise from $649 per month, which we quote (all in Australian dollars). Clients who subscribed on earlier pricing retain their existing rate.

• Free trial. New Clients get a 7-day free trial, which starts when you add your payment card. Until then your account is set up but not live: your assistant does not answer on your website, and nothing is sent to your End Customers. Unless you cancel before the trial ends, your subscription begins and your first bill is charged on day 8.
• Setup fee. A one-time setup and onboarding fee of $299 applies to new accounts unless waived by us in writing. It is charged with your first bill that charges your plan — never when you add your card — and we credit it back as a line on your bills: one eighth of it (rounded up) off each of your first eight bills that charge your plan, or all of it on your first bill on annual billing. The credit is applied to your subscription and is not refundable as cash; if you cancel before all of it has come back, any part not yet credited lapses.
• Offers. We may agree an offer with you in writing, such as months of your plan free with a custom build (counted from when the build is handed over), or a discount on your plan. An offer applies to your plan only, never to add-ons, and only as agreed. If you cancel during free months, nothing further is owed.
• Add-ons. Where we offer them, optional add-ons are charged on top of your plan, on every monthly plan and including any free months, from when they are switched on (and from your first bill at the earliest): a business number at $29 per month, which receives the calls you miss (your own phone or line forwards them to it), texts those callers back and keeps any voice message they leave in your Inbox — texts sent from it use your plan’s text allowance; an AI phone receptionist at $99 per month including 100 minutes each calendar month (renewing on the 1st and counted to the second), which needs the business number and answers the calls you miss and calls after hours — when its minutes are used up it stops answering until they renew or you add more (100 more minutes for $69; added minutes do not expire); and extra staff logins at $30 per month each, on Pro and above. Add-ons are available on monthly plans. You can switch an add-on off at any time: an extra staff login is credited for the unused part of your billing period, while a business number and an AI phone receptionist keep working until your next bill and are not credited. When a business number ends, we keep it for 14 days so you can switch your phone’s forwarding off, and then release it. Website builds and custom builds are quoted separately and invoiced as agreed before any work begins.
• Texts. Each plan includes a monthly allowance of texts to your End Customers. A long text counts as the number of message parts it is sent in, and a picture message counts as five texts. When the allowance, any top-up credits and a small grace are all used, texts to your End Customers stop until your allowance renews or you buy a top-up (200 texts for $29, 500 for $69 or 1,000 for $129; top-up credits do not expire). Alerts we text to you and your team are free up to your plan’s text allowance each month; past that, we send them to you by email instead.
• Fees are billed in advance for the term you choose — monthly, or annually at ten times the monthly rate (two months free). Mist AI Pty Ltd is not yet registered for GST, so no GST is added to our fees. Once we register, GST will be added on top of our fees, and we will tell you before it applies.
• Subscriptions renew automatically at the end of each billing period — each month on monthly billing, each year on annual billing — until cancelled. You authorise us (through our payment processor, Stripe) to charge your nominated payment method for each renewal. Cancelling takes effect at the end of the period you have already paid for (see clause 12); on annual billing that can be up to twelve months away, so cancel before a renewal date if you do not want the next year charged.
• If a payment for your plan fails, we email you straight away. Your account keeps working for 2 days; after that it becomes read-only — you can still sign in and see everything, but the AI assistant, texts and new work pause, and the invoice and quote links you have sent customers stop opening — until the payment goes through. Paying at any time switches everything back on. We never delete your data for a late payment.
• 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. This does not apply where we end your subscription for our own convenience or stop offering the Services (section 12), or where you cancel because of a material change to these Terms (section 16) — in those cases we refund the unused portion of any fees you have paid in advance.
• We may change our pricing or plans on at least 30 days’ notice. A change takes effect from your next billing period after that notice, and never mid-period. If you do not agree to it, 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;
• Card fees. Stripe’s card processing fee on each payment, and Mist.ai’s platform fee of 0.5% of the payment, are deducted before the payment reaches you. Stripe’s fee applies to the whole payment, including any tip; our 0.5% is never charged on a tip. Where the law allows, you may pass card fees on to your End Customers as a surcharge;
• Refunds. If you refund an End Customer, Stripe keeps the card fee it charged, which is yours to bear, and we return our 0.5% on the amount refunded;
• Disputes. If an End Customer disputes a payment (a chargeback), the disputed amount and Stripe’s dispute fee are recovered from your Stripe balance, and returned to you if the dispute is decided in your favour; 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 our confidential information, or copy the platform’s software, database or design, to build a competing product. This does not prevent you from competing with us using your own work or publicly available information.

You are responsible for your End Customers’ data and for having the right to collect and store it.

If we believe on reasonable grounds that you are breaching this section, we will tell you what the problem is and give you at least 7 days to put it right before we suspend or limit your access. We may suspend first and tell you immediately afterwards only where waiting would risk real harm — unlawful use, a security or privacy incident, a threat to the platform or to other clients — or where a payment for your plan is more than 2 days overdue after we have told you it failed.

Any suspension will be limited to what is reasonably necessary to deal with the problem, we will restore your access promptly once it is resolved, and we will not charge subscription fees for any period of suspension that was not your fault. Your Client Data remains yours and available for export throughout (section 8).

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 — following the notice-and-remedy process in section 7 where that section applies. We may also stop offering the Services, or end your subscription for our own convenience, on at least 30 days’ written notice; if we do, we will refund the unused portion of any fees you have paid in advance.

On termination your right to use the platform ends. We will keep your Client Data available for you to export for at least 30 days afterwards 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:

• neither of us is liable to the other for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or business opportunity; and
• the total aggregate liability of each of us 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 twelve (12) months immediately before the event giving rise to the liability. This cap does not apply to a breach of confidentiality, or to any liability that cannot be limited by law. The indemnities in section 15 are subject to it.

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 will indemnify us against third-party claims, and the reasonable legal costs of defending them, to the extent they arise from your use of the Services in breach of these Terms or the law, from your Client Data, or from your dealings with your End Customers.

We will indemnify you against third-party claims that the Mist.ai platform itself infringes that party’s intellectual property rights in Australia.

Neither indemnity applies to the extent the claim was caused or contributed to by the other party’s own breach, negligence, or failure to take reasonable steps to reduce the loss. Whoever is claiming under an indemnity must tell the other promptly, must not admit liability or settle without the other’s consent (which will not be unreasonably withheld), and must allow the other to conduct the defence if it asks to. Both indemnities are subject to the limits in section 14.

16. Changes to these Terms

We may update these Terms from time to time. The current version is always at mistai.com.au/terms, with the “Last updated” date shown above.

If we make a material change — one that reduces your rights or increases your obligations — we will give you at least 30 days’ notice by email and in the app, and it will not take effect for you until your next billing period after that notice. If you do not want to accept it you may cancel before it takes effect, and we will refund the unused portion of any fees you have paid in advance.

We ask you to accept material changes in the app, and we do not treat your silence or continued use as agreement. Minor changes — corrections, clarifications, new optional features, updated contact details — take effect when they are published.

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