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1. Parties to This Agreement

This Service Agreement ("Agreement") is between TradeFlow AI, operated by Kane Shevchenko (ABN: 52 574 626 975), Frankston, VIC, Australia ("Provider", "we", "us") and the individual or business submitting this form ("Client", "you"). By submitting and providing an electronic signature, both parties are legally bound by all terms below.

2. Services Provided

TradeFlow AI will build, configure, and maintain the SMS automation system corresponding to the Client's selected service tier. Tier 1 services — including a dedicated Australian mobile number, missed call SMS reply, and voicemail configuration — are fully operational and ready for immediate deployment. Tiers 2, 3 and 4 are under active development and will be offered to existing clients in good faith as they become available, with pricing communicated transparently before any upgrade. The Provider will deploy Tier 1 services within 96 hours of receiving a completed form and confirmed payment. The Client accepts full responsibility for the accuracy of all information submitted.

3. Monthly Fee, Billing & GST

The monthly retainer for Tier 1 is $400 AUD, billed in advance each month via Whop. All amounts are in Australian Dollars. GST is applied where required under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Your dedicated Twilio number (~$15–20 AUD/month) is covered within your fee. The Provider reserves the right to adjust pricing with 30 days' written notice.

4. No Lock-In — Cancellation Policy

This Agreement operates month-to-month with no fixed-term commitment. Either party may cancel with 30 days' written notice prior to the next billing date by emailing TradeFlowAI1@outlook.com. Upon cancellation, all automations will be deactivated and the dedicated number released. No refunds are issued for partial billing periods already charged.

5. Refund Policy

Due to the custom-build nature of Services, refunds are not available once deployment has commenced. If the Provider cannot deliver the agreed Services within the specified timeframe, the Client may be entitled to a pro-rata credit at the Provider's discretion. Nothing in this clause limits rights under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).

6. Australian Consumer Law

Under the Australian Consumer Law (ACL), certain statutory guarantees apply and cannot be excluded or modified. Where such guarantees apply, the Provider's liability is limited to supplying the services again or paying the cost of having them supplied again, unless it would not be fair or reasonable to limit liability in this way.

7. Client Responsibilities

The Client agrees to: (a) provide accurate and complete information; (b) cooperate during setup, including configuring call forwarding as instructed; (c) maintain an active mobile service on the number provided; (d) comply with all applicable laws regarding their own business communications; and (e) not use the Services to send misleading, deceptive, harassing, or unlawful content.

8. Opt-Out Compliance

All automated SMS sequences include a compliant opt-out mechanism in accordance with the Spam Act 2003 (Cth). Any contact who replies STOP will be immediately removed from the Client's automation sequence. TradeFlow AI manages this on the Client's behalf. The Client confirms they have or will obtain all required consents from their customers before automated messages are sent.

9. Data Ownership

All client data and business information submitted through this form and collected through the Client's automation remains the exclusive property of the Client. TradeFlow AI holds no ownership over the Client's business data, customer data, or message content. Data is used solely to deliver and operate the Services.

10. Privacy & Data Protection

The Provider handles all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Information is shared only with service providers strictly necessary to deliver the Services (Twilio, Make.com, Zapier, Netlify, Whop). Cross-border data transfers may occur; by accepting these terms the Client consents in accordance with APP 8. The Client may request access to, correction of, or deletion of their data at any time by emailing TradeFlowAI1@outlook.com.

11. SMS Marketing & Spam Act 2003 (Cth)

By agreeing to these terms, the Client authorises TradeFlow AI to configure and operate automated SMS systems on behalf of the Client's business. The Client warrants they will obtain all necessary express or inferred consents from their customers in compliance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and fully indemnifies the Provider against any claims arising from the Client's failure to comply.

12. Intellectual Property

All automation workflows, TwiML configurations, SMS scripts, and system architecture built by the Provider remain the intellectual property of TradeFlow AI / Kane Shevchenko. The Client is granted a non-exclusive, revocable licence to use the configured system during the active subscription. Upon cancellation, the Provider may decommission the Client's dedicated number and system with 7 days' notice. The Client retains full ownership of all their business information and content.

13. Confidentiality

Both parties agree to keep confidential all non-public information exchanged under this Agreement. The Provider will not disclose the Client's business details, customer data, or operational information to any third party not involved in delivering the Services, unless required by law.

14. Governing Law & Jurisdiction

This Agreement is governed by the laws of Victoria, Australia and the Commonwealth of Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and, where applicable, the Federal Courts of Australia.

15. Amendments

The Provider may amend these terms with 14 days' written notice to the Client's nominated email. Continued use of the Services after the notice period constitutes acceptance.

16. Electronic Signature

By typing their full legal name and submitting this form, the Client acknowledges that their typed name is a legally valid and binding electronic signature under the Electronic Transactions Act 2000 (Vic) and the Electronic Transactions Act 1999 (Cth).

Operator: Kane Shevchenko · ABN: 52 574 626 975 · TradeFlowAI1@outlook.com · Frankston, VIC, Australia

1. Client Payment Obligations

The Client is solely responsible for all fees agreed under this Agreement. Fees are due in advance of each billing period. Failure to pay constitutes a breach of this Agreement. The Client acknowledges that TradeFlow AI provides services in good faith upon receipt of this signed Agreement, and that payment obligations arise immediately upon commencement of services.

2. Overdue Payments

Any outstanding balance not received within 7 days of the due date will be considered overdue. TradeFlow AI reserves the right to: (a) suspend all automation services immediately without further notice; (b) charge a late payment fee of 10% of the outstanding amount per 30-day period the balance remains unpaid; (c) engage a third-party debt recovery service to recover outstanding amounts. All costs associated with debt recovery, including legal fees, are payable by the Client.

3. No Liability for Client Business Debts

TradeFlow AI and its operator Kane Shevchenko bear absolutely no responsibility, liability, or obligation for any debts, financial losses, tax obligations, business expenses, or third-party claims arising from the Client's own business operations.

4. Operator Personal Liability Exclusion

Kane Shevchenko, operating as a sole trader under the name TradeFlow AI (ABN: 52 574 626 975), shall not be held personally liable for any business losses, loss of revenue, loss of opportunity, consequential damages, or indirect losses suffered by the Client arising from the use or non-use of TradeFlow AI services.

5. No Refunds for Services Rendered

All fees paid for services already delivered — including setup, configuration, automation builds, and any completed billing period — are non-refundable. If the Client cancels mid-billing period, no pro-rata refund will be issued.

6. Limitation of Liability

To the maximum extent permitted by applicable law, the Provider's total aggregate liability to the Client is limited to the total fees paid in the 3 months preceding the event giving rise to the claim. TradeFlow AI is not liable for missed leads, lost revenue, or business outcomes resulting from automation downtime, carrier delays, or third-party service outages (including Twilio).

7. Indemnification

The Client agrees to fully indemnify, defend, and hold harmless Kane Shevchenko and TradeFlow AI from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from the Client's breach of this Agreement or use of the service in a manner inconsistent with these terms.

8. Dispute Resolution

In the event of a payment dispute, both parties agree to first attempt resolution through good-faith written communication within 14 days. If unresolved, the matter will be referred to mediation through the Victorian Civil and Administrative Tribunal (VCAT) or the Dispute Settlement Centre of Victoria (DSCV) before proceeding to litigation.

9. Debt Recovery Rights

TradeFlow AI reserves the right to pursue full recovery of any unpaid fees through VCAT, the Magistrates' Court of Victoria, or any other court of competent jurisdiction. Outstanding debts remain enforceable for 6 years under the Limitation of Actions Act 1958 (Vic).

10. No Waiver

TradeFlow AI's failure to enforce any provision of this Agreement at any time shall not be construed as a waiver of that provision or any future right to enforce it.

Governed by the laws of Victoria, Australia and the Commonwealth of Australia · Operator: Kane Shevchenko · ABN: 52 574 626 975