Terms of Service

1. Acceptance of Terms

By accessing or using ChatLemur ("the Service"), operated by Joseph Webber ("we", "us", "our") at chatlemur.com, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and ChatLemur. We recommend reading them carefully before using our Service.

2. Service Description

ChatLemur is a Software-as-a-Service (SaaS) platform providing:

• AI Chat: Conversations with AI assistants powered by large language models
• Real-time Messaging: Communication channels for teams and individuals
• Knowledge Features: Information organisation and retrieval tools
• Voice Support: Accessibility features including voice input/output

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

2A. Data Residency and Australian Operations

2A.1 Where Your Data is Stored

• Primary hosting: Fly.io Sydney region (SYD) - all account data, chat history, and user content
• Backups: Stored within Australia
• Database: PostgreSQL running in Sydney, Australia

2A.2 Cross-Border AI Processing

To provide AI chat functionality, your chat messages (not account details) are processed by:

• Groq API (United States): Chat messages are sent to Groq's AI servers for processing

We apply safeguards to these transfers including Data Processing Agreements, SOC 2 compliance requirements, and contractual obligations to handle data consistently with Australian Privacy Principles. See our Privacy Policy Section 9 (APP 8) for full details.

2A.3 Australian Business Details

• Business Name: ChatLemur
• ABN: 26 994 122 501
• Location: Adelaide, South Australia, Australia
• Governing Law: Laws of South Australia and the Commonwealth of Australia

3. User Accounts

3.1 Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access

3.2 Minimum Age Requirements

• By creating an account, you confirm you are 16 years or older, OR have parental/guardian consent if aged 13-15
• Parents/guardians are responsible for supervising minors' use of the service
• We may require verification of age or parental consent at any time
• Accounts found to be underage without consent will be terminated

3.3 Parental Consent for Users Aged 13-15

If you are aged 13-15 and wish to use ChatLemur:

• Your parent or legal guardian must create the account on your behalf, OR
• Your parent or legal guardian must provide written consent to support@chatlemur.com
• The parent/guardian agrees to supervise your use and accepts these Terms on your behalf
• The parent/guardian accepts responsibility for all account activity

Parents/guardians may contact us at privacy@chatlemur.com to request account deletion or access to their child's data.

3.4 Online Safety Act 2021 Compliance — eSafety Assessment

We have assessed ChatLemur against the four-step designation test in the Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (as amended March 2026). ChatLemur does not meet the requirements for designation because it does not have a "designated feature" as defined in Step 3 of that test:

• ChatLemur does NOT operate an algorithmic content recommender system or feed of user-generated content (no Designated Feature 1)
• ChatLemur does NOT display quantified social feedback metrics (views, reactions, likes) on user-posted content (no feedback limb of Designated Feature 2)
• ChatLemur does NOT host ephemeral, time-limited, or disappearing content (no time-limited limb of Designated Feature 2)
• ChatLemur's primary purpose is AI-assisted productivity — multi-user chat rooms are a supplementary collaboration feature, not the primary reason the service exists

Additionally, ChatLemur:

• Does NOT generate, host, or distribute adult/sexual content
• Does NOT generate violent, harmful, or age-restricted material
• Does NOT fall under the Age-Restricted Material Industry Codes (March 2026)
• Maintains content safety filters to prevent generation of inappropriate content

We will re-assess our designation status if we add features that may trigger the designated feature test. For online safety concerns, contact safety@chatlemur.com or report to the eSafety Commissioner at esafety.gov.au.

3.5 Other Account Requirements

• You may only maintain one personal account
• Business accounts require authorisation from your organisation

3.3 Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate accounts that violate these Terms.

4. Acceptable Use Policy

You agree NOT to use ChatLemur to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Harass, abuse, or harm other users
• Transmit malware, spam, or malicious content
• Attempt to gain unauthorised access to our systems
• Use automated systems to access the Service without permission
• Generate content that is illegal, harmful, or discriminatory
• Impersonate others or misrepresent your identity
• Circumvent usage limits or security measures
• Reverse engineer or attempt to extract source code

Violation of this policy may result in immediate account termination without refund.

5. AI Chat Disclaimer

5.1 Not Professional Advice

AI responses provided by ChatLemur are NOT substitutes for:

• Legal Advice: Consult a qualified solicitor or barrister for legal matters
• Medical Advice: Consult a qualified healthcare professional for health concerns
• Financial Advice: Consult a licensed financial adviser for investment decisions
• Professional Services: Consult qualified professionals in their respective fields

5.2 AI Limitations

You acknowledge that:

• AI responses may be incorrect, incomplete, or inappropriate
• AI does not have access to real-time information
• AI may produce different responses to identical queries
• AI cannot verify facts or provide guarantees of accuracy
• You are responsible for verifying any information before acting on it

6. Intellectual Property

6.1 Our Intellectual Property

ChatLemur and its original content, features, and functionality are owned by Joseph Webber and protected by international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you submit to ChatLemur. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, and display your content as necessary to provide the Service.

6.3 AI-Generated Content

Content generated by our AI in response to your prompts may be used by you for any lawful purpose. However, you are responsible for ensuring such use complies with applicable laws and does not infringe third-party rights.

7. Payment Terms and Pricing Transparency

7.1 Pricing (GST Inclusive)

All prices displayed on ChatLemur are in Australian Dollars (AUD) and are inclusive of 10% Goods and Services Tax (GST) unless otherwise stated. Tax invoices are available for download from your account settings.

7.2 Automatic Renewal Disclosure

• We will send a reminder email at least 7 days before each automatic renewal
• The renewal reminder will include the renewal date and amount to be charged
• You may cancel auto-renewal at any time via Account Settings → Subscription → Cancel Renewal
• Cancellation takes effect at the end of your current billing period

7.3 Cooling-Off Period

7.4 Price Changes

• We may change subscription pricing with 30 days' written notice via email
• Price changes apply from your next billing cycle after the notice period
• You may cancel before the new pricing takes effect without penalty
• Existing prepaid periods (e.g., annual subscriptions) are honoured at the original price

7.5 Cryptocurrency Payments

• Irreversibility: Cryptocurrency transactions are final and cannot be reversed, recalled, or charged back. Once sent to our wallet address, funds cannot be returned by us or any third party.
• Correct address and tag/memo required: You must use the exact wallet address, Destination Tag (XRP), or Memo ID (XLM) provided in your payment invoice. Payments sent to the wrong address, or without the required tag/memo, are permanently lost and cannot be recovered.
• AUD-equivalent pricing: Subscription prices are denominated in AUD. The crypto amount due is calculated at the live market rate at invoice creation time. You must pay the exact amount shown — underpayments will not activate your subscription.
• 24-hour invoice window: Crypto invoices expire after 24 hours. If you do not pay within the window, you must generate a new invoice (the AUD-equivalent crypto amount may differ due to price movement).
• Price volatility: The AUD value of your crypto payment may differ from the subscription price by the time the transaction confirms, due to market movement. The subscription price is fixed in AUD; the crypto amount is recalculated each time you create a new invoice.
• GST: All subscription prices are inclusive of 10% Australian GST. The GST is calculated on the AUD fair market value of the crypto received, consistent with ATO guidance on digital currency payments.
• ACL rights preserved: Paying with cryptocurrency does not affect your rights under the Australian Consumer Law. Our 14-day cooling-off period applies. Refunds for qualifying ACL claims will be issued in AUD via bank transfer or equivalent, not in cryptocurrency.
• Network fees: You are responsible for any blockchain transaction fees (gas fees, network fees) in addition to the subscription amount. These are paid to the network, not to ChatLemur.

By submitting a cryptocurrency payment, you confirm you have read and understood this section, and that you accept the irreversible nature of the transaction.

7.6 Financial Information Disclaimer

• Financial product advice (as defined under the Corporations Act 2001)
• Personal financial advice tailored to your circumstances
• A recommendation to buy, sell, or hold any asset
• An endorsement of any trading strategy or investment

ChatLemur does not hold an Australian Financial Services Licence (AFSL). You should seek advice from a licensed financial adviser before making any investment decision. Cryptocurrency investments carry significant risk, including the risk of total loss of capital. Past performance discussed by Lenny is not indicative of future results.

7.7 Cryptocurrency Payment — Regulatory Position

Specifically, ChatLemur:

• Does NOT exchange fiat currency for cryptocurrency, or cryptocurrency for fiat currency, on behalf of users
• Does NOT hold, custody, or transfer cryptocurrency on behalf of users
• Does NOT operate a crypto-to-crypto exchange or trading platform
• DOES accept cryptocurrency as irreversible payment for software subscription services — the same legal character as accepting a bank transfer or card payment for a SaaS product

If you use a regulated exchange or wallet to send payment, that exchange's AML/CTF obligations apply to your transaction, not ours. We maintain records of all cryptocurrency transactions (date, amount in AUD, coin type, transaction hash) consistent with ATO guidance on digital currency payments and our obligations as a recipient of funds.

8. Limitation of Liability

8.1 What We Are NOT Liable For (Subject to ACL)

To the maximum extent permitted by law and except where prohibited by the Australian Consumer Law:

• The Service is provided "as is" and "as available" without warranties beyond those required by law
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for claims not covered by consumer guarantees shall not exceed the amount you paid us in the 12 months prior to the claim

8.2 Consumer Guarantee Limitation (ACL Section 64A)

• For services: The re-supply of the services, OR the payment of the cost of having the services re-supplied
• This limitation only applies where the failure does not constitute a major failure as defined in the ACL
• For major failures, you are entitled to a refund and compensation for reasonably foreseeable loss or damage

8.3 Specific Exclusions

Subject to ACL consumer guarantees, we are not liable for:

• Decisions or actions you take based on AI responses (which are informational only)
• Loss of data due to circumstances beyond our reasonable control
• Third-party services integrated with ChatLemur (subject to their own terms)
• Unauthorised access caused by your failure to secure your account

9. Australian Consumer Law Compliance

9.1 Consumer Guarantees That Cannot Be Excluded (ACL Section 64)

Under the ACL, services come with guarantees that cannot be excluded. For ChatLemur services, you are guaranteed:

• Due care and skill (Section 60): Services will be provided with due care and skill
• Fitness for purpose (Section 61): If you make known a particular purpose, services will be reasonably fit for that purpose
• Reasonable time (Section 62): Services will be supplied within a reasonable time (where no time is specified)
• Consumer guarantees for goods (Sections 51-59): Apply to any physical goods we may provide

9.2 Remedies for Failure to Meet Consumer Guarantees

For Major Failures (you choose the remedy):

• Cancel the service contract and receive a refund for unused services
• Seek compensation for any reduction in value of services provided
• Seek compensation for reasonably foreseeable loss or damage

For Minor Failures (we choose the remedy):

• Re-supply the services at no cost to you, OR
• Refund the price paid for the defective services

A failure is major if: (a) the services would not have been acquired by a reasonable consumer fully acquainted with the failure; (b) the services are substantially unfit for their normal purpose and cannot easily be made fit; (c) the services are unfit for a disclosed purpose and cannot easily be made fit; or (d) the services are unsafe.

9.3 Unfair Contract Terms Protection

These Terms constitute a "standard form contract" under the ACL. We acknowledge that:

• Any term that is unfair under Section 23 of the ACL is void and unenforceable
• A term may be unfair if it causes significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect our legitimate interests, and would cause detriment to you
• You had limited or no opportunity to negotiate these terms
• Core terms (price, service description) are not subject to unfair term provisions

If any term is found to be unfair, the rest of these Terms continue to apply.

9.4 Misleading and Deceptive Conduct

We are committed to complying with Section 18 of the ACL, which prohibits misleading or deceptive conduct in trade or commerce. We undertake to:

• Provide accurate descriptions of our services and their capabilities
• Not make false or misleading representations about our AI's capabilities
• Clearly disclose limitations of AI-generated content
• Provide truthful pricing and fee information
• Not engage in bait advertising or other deceptive practices

9.5 Unconscionable Conduct

We acknowledge the ACL's prohibition on unconscionable conduct (Sections 20-22) and commit to:

• Dealing with consumers in good faith
• Not using unfair tactics, undue pressure, or taking advantage of vulnerability
• Providing clear information to enable informed decisions
• Not imposing unreasonable conditions that disadvantage consumers

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting us at support@chatlemur.com

10.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees when due (after reasonable notice)
• Create risk or possible legal exposure for us

We will provide reasonable notice before termination where practicable, unless immediate termination is required for security or legal reasons.

10.3 Effect of Termination

Upon termination:

• Your right to access the Service ends
• You may request export of your data within 30 days
• Your data will be deleted in accordance with our Privacy Policy
• Sections that by their nature should survive will continue to apply
• Your ACL consumer rights remain unaffected

11. Refund Policy (ACL Compliant)

11.1 Statutory Refund Rights (Cannot Be Excluded)

Under the ACL, you are entitled to a refund if:

• The service has a major failure (see Section 9.2)
• The service fails to meet consumer guarantees and the failure cannot be remedied
• The service is substantially different from what was described

These rights exist regardless of any return policy and cannot be excluded by these Terms.

11.2 Cooling-Off Period Refunds

During the 14-day cooling-off period for new subscriptions, you may cancel for any reason and receive a full refund, no questions asked. Contact support@chatlemur.com.

11.3 Pro-Rata Refunds

If you cancel a subscription after the cooling-off period but the service has not failed:

• Monthly subscriptions: No refund (access continues until billing period ends)
• Annual subscriptions: Pro-rata refund may be available at our discretion for unused months

11.4 Refund Process

• Request refunds via support@chatlemur.com or Account Settings
• Refunds are processed within 5-10 business days
• Refunds are issued to the original payment method
• You will receive email confirmation of your refund

12. Service Level Commitments

12.1 Availability Target

We aim to maintain 99.5% uptime for the ChatLemur service, excluding:

• Scheduled maintenance (announced 24 hours in advance)
• Emergency maintenance for security issues
• Factors outside our reasonable control (force majeure)

12.2 Remedy for Service Interruptions

If the Service is unavailable for an extended period:

• 4+ hours unplanned downtime: Service credit of 1 day added to your subscription
• 24+ hours downtime: Service credit of 1 week OR pro-rata refund (your choice)
• Extended outage affecting your use: May constitute a major failure under ACL

Service credits are applied automatically or upon request to support@chatlemur.com.

12.3 Support Response Times

We aim to respond to support requests within:

• Critical issues (service down): 4 hours
• Standard issues: 24 hours on business days
• General enquiries: 48 hours

13. AI Transparency and Safety

13.1 How Our AI Works

• Technology: We use large language models (LLMs) to generate responses
• Training: Our AI is trained on publicly available text data (not your private conversations)
• No learning from you: Your conversations are NOT used to train or improve our AI models
• Processing: Your inputs are processed in real-time to generate responses

13.2 AI Limitations and Risks

You should be aware that:

• AI may generate plausible-sounding but incorrect information ("hallucinations")
• AI responses may contain biases present in training data
• AI cannot access real-time information or verify current facts
• AI may not understand context, nuance, or local Australian conditions
• AI is not a substitute for human judgment in important decisions

13.3 Product Safety (AI Services)

We maintain AI safety measures including:

• Content filtering to prevent harmful outputs
• Refusal to provide dangerous, illegal, or harmful information
• Regular review and improvement of safety systems
• Incident response procedures for safety issues
• Compliance with emerging Australian AI safety standards

If you encounter harmful AI output, please report it to safety@chatlemur.com.

13.4 Algorithmic Decision-Making

ChatLemur may use algorithms for:

• Personalising conversation responses
• Content moderation and safety filtering
• Account security (e.g., fraud detection)

You have the right to request human review of significant automated decisions affecting your account.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of South Australia and the Commonwealth of Australia, including the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law.

You submit to the non-exclusive jurisdiction of the courts of South Australia and any courts that may hear appeals from those courts. Nothing in this clause limits your right to commence proceedings in any court of competent jurisdiction.

15. Dispute Resolution and Complaints

We are committed to resolving complaints fairly and promptly.

15.1 Internal Complaints Process

1. Contact Us: Email complaints@chatlemur.com with details of your concern
2. Acknowledgement: We will acknowledge your complaint within 2 business days
3. Investigation: We will investigate and respond within 10 business days
4. Resolution: If you're not satisfied, you may escalate to external bodies

15.2 External Dispute Resolution

If we cannot resolve your complaint, you may contact:

15.3 Mediation

Before initiating court proceedings, we encourage (but do not require) mediation:

• Either party may propose mediation
• Mediator to be agreed upon or appointed by the Resolution Institute
• Costs shared equally unless otherwise agreed

This clause does not limit your consumer rights or right to seek urgent relief.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting updated Terms with a new "Last updated" date
• Sending email notification at least 14 days before significant changes take effect
• Displaying a prominent notice within the Service

Continued use after changes take effect constitutes acceptance. If you disagree with changes, you may terminate your account and request a pro-rata refund for prepaid services.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ChatLemur (subject to your ACL rights which cannot be excluded)
• Severability: If any provision is found unenforceable or unfair under the ACL, the remaining provisions remain in effect
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision
• Assignment: You may not assign these Terms without our consent; we may assign with notice to you
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control, but this does not affect your ACL rights
• Interpretation: These Terms should be interpreted in a manner consistent with Australian Consumer Law

18. Contact Us