Terms of Service

TYMO AI Pty Ltd (ABN 60 685 666 326)
Woolloongabba, Brisbane QLD
consulting@tymo.ai
Effective date: May 2025

These Terms of Service ("Terms") govern your engagement with TYMO AI Pty Ltd ("TYMO AI", "we", "us", "our"). By accepting a proposal, paying an invoice, or engaging our services in any way, you ("Client") agree to these Terms.

1. Services

TYMO AI provides AI strategy, implementation, and automation services to businesses, including but not limited to:

  • AI strategy audits and roadmap development
  • Local AI setup and configuration (including OpenClaw and Claude Cowork)
  • AI workflow automation and agent development
  • Ongoing AI retainer and advisory services

The specific scope, deliverables, and fees for each engagement are set out in a written proposal or statement of work ("SOW") agreed between the parties. In the event of any conflict between these Terms and an SOW, the SOW prevails to the extent of the inconsistency.

2. Fees and payment

Fees are as set out in the applicable proposal or SOW. Unless otherwise agreed in writing:

  • Project-based engagements are invoiced upfront or at agreed milestones.
  • Retainer engagements are invoiced monthly in advance.
  • Payment is due within 14 days of the invoice date.
  • All fees are in Australian dollars (AUD) and are exclusive of GST. GST will be added to invoices where applicable.

Late payments may incur interest at 2% per month on the outstanding balance. TYMO AI reserves the right to suspend work until overdue amounts are paid.

3. Intellectual property

Upon receipt of full and final payment for an engagement, all work product, deliverables, and custom materials created specifically for the Client under that engagement ("Work Product") vest in and become the property of the Client.

The Client grants TYMO AI a non-exclusive licence to use any Client-provided materials (including brand assets, data, and documentation) solely to the extent necessary to perform the services.

TYMO AI retains ownership of all pre-existing intellectual property, tools, frameworks, methodologies, and general know-how ("Background IP") used in providing the services. Any Background IP incorporated into Work Product is licenced to the Client on a non-exclusive, royalty-free basis for the Client's internal business purposes.

4. Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party in connection with the engagement ("Confidential Information"), and to use it only for the purpose of the engagement.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) must be disclosed by law or regulatory requirement.

These confidentiality obligations survive the termination of the engagement for a period of two (2) years.

5. Client obligations

The Client agrees to:

  • Provide timely access to relevant information, systems, and personnel reasonably required by TYMO AI to perform the services.
  • Review and provide feedback on deliverables within agreed timeframes.
  • Ensure that any information or materials provided to TYMO AI do not infringe the rights of any third party.

Delays caused by the Client's failure to fulfil these obligations may affect delivery timelines. TYMO AI is not liable for any resulting delays.

6. Limitation of liability

To the maximum extent permitted by law, TYMO AI's total aggregate liability to the Client for any claims arising out of or in connection with the engagement (whether in contract, tort, statute, or otherwise) is limited to the total fees paid by the Client to TYMO AI under the applicable engagement in the twelve (12) months preceding the event giving rise to the claim.

TYMO AI is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

7. Warranties and disclaimers

TYMO AI warrants that services will be performed with reasonable care and skill. We do not warrant that any AI tools, automations, or outputs will be error-free, uninterrupted, or produce specific business results. AI-generated outputs may require human review before use in critical business decisions.

To the extent permitted by law, all other warranties (express or implied) are excluded, including any implied warranties of merchantability or fitness for a particular purpose.

8. Termination

Either party may terminate an engagement by giving 30 days' written notice. Project-based engagements may not be terminated once work has commenced unless both parties agree in writing.

Upon termination, the Client must pay for all services rendered up to the termination date. TYMO AI will deliver any completed work product to the Client upon receipt of outstanding payments.

9. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland.

In the event of a dispute, the parties agree to attempt to resolve the matter in good faith before commencing formal legal proceedings.

10. General

  • Entire agreement. These Terms, together with any applicable SOW or proposal, constitute the entire agreement between the parties and supersede all prior representations and understandings.
  • Amendments. TYMO AI may update these Terms from time to time. Updated Terms will be published on this page with a revised effective date. Continued use of our services after an update constitutes acceptance of the revised Terms.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
  • Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that right.

11. Contact us

For any questions regarding these Terms, please contact:
TYMO AI Pty Ltd
Woolloongabba, Brisbane QLD
consulting@tymo.ai