Terms and Conditions
Last Updated: 10/11/2025
These Terms and Conditions apply to services provided by ShapeShift Digital (ABN 48 134 902 068). By engaging our services, accepting a proposal, signing an agreement, making payment, or using our website, you agree to these Terms and Conditions.
These terms apply regardless of the client’s country of residence or business operation.
1. Services Provided
ShapeShift Digital provides digital services including website design, website hosting, AI assistant services (voice, chat and SMS), automation, CRM system setup, consulting, and related digital solutions.
Specific services and deliverables are defined in your Proposal, Invoice, or written Agreement.
2. Ownership and Intellectual Property
Client Ownership
You retain full ownership of your brand assets, website content, and customer data.
ShapeShift Digital Intellectual Property
ShapeShift Digital retains ownership of all proprietary systems, pre-existing templates, automation frameworks, AI prompt structures, workflows, and underlying logic developed or provided as part of our services. The client is granted a non-exclusive, non-transferable licence to use these solely for their own business operations. Resale, duplication, sublicensing, or redistribution is not permitted.
Access
Administrative access is provided upon project completion and full payment.
3. AI and Automation (Human-in-the-Loop Requirement)
Dynamic Nature
AI responses are generated in real time and may be inaccurate, incomplete, or produce unexpected outputs.
Client Responsibility
The client is responsible for reviewing, approving, and monitoring all AI logic, scripts, workflows, messaging, and tone before activation and throughout ongoing use. The client must request updates or corrections when required.
No Outcomes Guarantee
ShapeShift Digital is not liable for business outcomes including missed bookings, incorrect responses, sales errors, cancellations, or customer decisions resulting from AI or automation interactions.
4. Communication and Messaging Compliance
The client is solely responsible for ensuring all communications comply with applicable local, national, and international laws, regulations, and industry requirements.
United States Specific
For clients operating in or messaging contacts within the United States, the client warrants that:
• Prior express written consent has been obtained for all SMS and voice communications
• All messaging complies with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state regulations
• Accurate business and registration information is provided for carrier and messaging requirements
ShapeShift Digital is not liable for message filtering, delivery failures, carrier enforcement actions, or regulatory penalties.
Indemnity
The client agrees to indemnify and hold ShapeShift Digital harmless from any fines, claims, penalties, damages, or legal actions arising from non-compliant messaging or communication practices.
5. Fair Use and Platform Protection
AI, messaging, and automation services are intended for reasonable, legitimate business use. Excessive outbound activity, high-risk campaigns, scraping, unsolicited messaging, or behaviour that threatens system stability or regulatory compliance may result in immediate service limitation, suspension, or termination.
ShapeShift Digital reserves the right to pause, modify, or disable services where continued operation presents legal, reputational, or platform risk.
6. Fees and Usage-Based Billing
Payments
Project and setup fees are payable upfront. Subscription services renew automatically via Stripe.
Usage Charges
AI voice, SMS, and email services may incur usage-based fees charged according to recorded consumption from connected service providers. The client authorises ShapeShift Digital to charge all usage fees to the stored payment method.
Late Payments
Failed or overdue payments may result in automatic service suspension until payment is resolved.
7. Refund and Cancellation Policy
Refunds
Refunds do not apply once work has commenced, services have been delivered, or subscription billing has occurred.
Cancellation
Subscriptions may be cancelled at any time with written notice. Upon cancellation, no further subscription fees will be charged. A downloadable website backup can be provided upon request.
8. Data and Continuity
The client is responsible for maintaining independent backups of critical business data and regularly reviewing system configurations. ShapeShift Digital is not liable for data loss caused by client actions, third-party service failures, or changes requested or approved by the client.
9. Limitation of Liability
To the fullest extent permitted by law, ShapeShift Digital’s total liability is limited to the amount paid by the client for the specific service in the three (3) months preceding the claim. ShapeShift Digital is not liable for indirect, incidental, or consequential loss including loss of revenue, profits, reputation, or data.
10. Governing Law and Dispute Resolution
Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia.
International Clients
For clients outside Australia, disputes will first be attempted to be resolved through good-faith mediation. If unresolved, all parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
11. Contact
For questions regarding these Terms and Conditions or our services, please contact:
ShapeShift Digital
ABN: 48 134 902 068
Email: [email protected]
Phone: +61 401 577 227
Website: https://shapeshift.au