Terms of service

These terms (the “Terms”) form a legal agreement between you (the “Client”, “you”) and Pinchy Inc Pty Ltd (ABN 18 105 279 579) (“Pinchy Inc”, “we”, “us”). By using pinchyinc.cloud or engaging us to perform services, you agree to these Terms. If a signed Statement of Work or Master Services Agreement covers a given engagement, that document prevails over these Terms to the extent of any inconsistency.

We provide AI consulting, automation, and digital agency services — including website builds, voice and SMS agents, ops automation, and related advisory work. The specific services, deliverables, timelines and fees for any engagement will be set out in a written quote or Statement of Work (“SOW”) accepted by both parties before work begins.

Quotes are valid for 30 days from the date of issue unless otherwise stated. An engagement begins when you accept a quote or SOW in writing (email is sufficient) and, where applicable, pay any required deposit. Any change to scope after that point is handled via a written change request and may affect fees and timing.

Unless an SOW specifies otherwise:

• Fixed-fee engagements: 50% deposit on acceptance, balance on completion or per the SOW milestone schedule.
• Retainers and ongoing services: invoiced monthly in advance.
• Time-and-materials work: invoiced fortnightly in arrears.
• Payment terms are 7 days from invoice date. All fees are in AUD and exclusive of GST unless stated. We reserve the right to pause work or suspend services on overdue invoices after written notice.

To deliver well, we need you to:

• provide timely access to information, accounts, brand assets, and decision-makers required to do the work;
• ensure you have the right to give us any data, content or credentials you share;
• use the systems we build in line with applicable law and the acceptable-use policies of any third-party platforms they rely on (e.g. telecom carriers, AI model providers).

Delays caused by missing inputs from your side may shift timelines and, for retainer work, do not pause billing.

On full payment of fees for a given deliverable, you own the bespoke output we create for you under that SOW (e.g. your website code, your agent prompts, your automation configurations). We retain ownership of our pre-existing tooling, internal frameworks, generic code patterns and know-how, and grant you a perpetual, non-exclusive licence to use them as embedded in your deliverables.

Third-party software, services and models used to build or run the deliverables remain subject to their own licences and terms.

Each party agrees to keep the other’s non-public business information confidential and to use it only for the purposes of the engagement. This obligation survives termination for three years and does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

We will perform the services with reasonable care and skill and in line with industry practice. To the maximum extent permitted by law, all other warranties, express or implied, are excluded. AI systems are probabilistic; we do not warrant that any AI-generated output will be free of errors, hallucinations or omissions, and you remain responsible for reviewing outputs before relying on them in production decisions.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, data or business opportunity, arising out of or in connection with these Terms or any engagement.

Our total aggregate liability arising out of or in connection with any engagement is capped at the fees paid by you to us for that engagement in the 12 months preceding the event giving rise to the liability.

Either party may terminate an engagement for convenience on 30 days’ written notice, or immediately for material breach that is not cured within 14 days of written notice. On termination, you remain liable for fees for work performed up to the termination date, and we will deliver work-in-progress in the state it is in.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of NSW and the Commonwealth of Australia. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute through direct discussion between senior representatives.

We may update these Terms from time to time. The version published on pinchyinc.cloud at the time you accept a new quote or SOW is the version that applies to that engagement. Material changes will be reflected in the “last updated” date above.

Questions about these Terms or a specific engagement: hello@pinchyinc.cloud.

Pinchy Inc Pty Ltd · Sydney, NSW, AU · ABN 18 105 279 579