Terms of Services - Pivot Point

This Agreement is between you and Pivot Point Pty Ltd ( ABN 18658985132).

Goal & Objective:

Develop and implement AI-driven chatbot solutions with automation services that streamline the interaction between your organisation and its clients or stakeholders.

The value and impact of achieving the above objective include:

Providing a chatbot system that operates continuously, handling enquiries and interactions with potential clients, facilitating appointment booking or direct purchasing from your business.

An automated response system that promptly engages with enquiries, preventing leads from going cold, and efficiently managing potential shopping cart abandonment where applicable.

Improvement in cash flow from enhanced lead interaction, enabling more assertive business expansion in both desired and current markets.

Marketing scalability through AI automation, allowing an adjustment in lead handling capacity as per business requirements.

Insight into the entire customer engagement process, enabling your team to meet KPIs effectively.

Identification and resolution of bottlenecks within the sales process to support and sustain growth.

Terms

Additional charges may apply if project scope changes, at a rate of $160 plus GST per hour.

The monthly fee is non-pausable to ensure continuity of Chatbot operation

This agreement is based on a month-to-month term after initial setup.

Cancellation

Post-initial setup, a 30-day notice is required for cancellation. Please email your written notification to hello @ pivotpoint.com.

Limitation of Liability

Liability Cap: Pivot Point’s total liability for any claims arising from the AI chatbot service, including for indirect or consequential damages, is limited to the fees you paid to Pivot Point for the service in the month during which the claim arose.

Acceptance of AI Tool Terms

By entering into this agreement, you acknowledge and agree to the terms and conditions, including privacy terms, of the AI tools and technologies employed, such as ChatGPT.

Intellectual Property Rights

Proprietary Rights: You acknowledge and agree that any and all intellectual property rights (“IP Rights”) associated with the AI chatbot and its developments, including but not limited to code, algorithms, features, or functionality, remain the exclusive property of Pivot Point. Pivot Point’s provision of the AI chatbot service does not constitute a sale of any software or code. Rather, the service is provided as a rental, and no ownership rights are transferred to you, the customer.

Client Content: All client data, content, logos, trademarks, and other materials provided by you remain your exclusive property.

Custom Developments: Any custom scripts, workflows, or processes specifically designed for you by Pivot Point during the engagement will be considered “work made for hire” and shall be owned by you upon full payment for the services.

Pre-existing Works: All materials, software, code, interfaces, and other intellectual property that were pre-existing or independently developed by Pivot Point without the use of your confidential information shall remain the sole property of Pivot Point.

License

Grant of License: Pivot Point grants you a non-exclusive, worldwide, royalty-free license to use the provided chatbot System for your business operations.

Restrictions: You may not reverse-engineer, disassemble, or decompile the System or attempt to derive its source code, except to the extent that such actions are expressly permitted by applicable law notwithstanding this limitation.

Service Rental

Rental Agreement: Your engagement with Pivot Point for AI chatbot services, particularly regarding non-custom developments, is under a rental model. By this agreement, you are granted a limited, revocable, non-exclusive, and non-transferable right to use the service provided by Pivot Point solely for your internal business operations and subject to the terms and conditions of this agreement. This right is conditional upon your compliance with this agreement and ceases upon the termination of this agreement or the period of service rental.

Termination

Service Discontinuation: Upon the termination of your service rental, your right to access and use the AI chatbot’s non-custom developments will terminate immediately. You must cease any and all use of the intellectual property and destroy all copies, full or partial, of the software or service that may be in your possession or control.

Intellectual Property Infringement

If the System is alleged to infringe on any third-party’s intellectual property rights, Pivot Point may, at its discretion:

Obtain the right for you to continue using the System.

Modify the System to be non-infringing without a material reduction in functionality.

Replace the System with a non-infringing functionally equivalent alternative.

If none of the above remedies are commercially reasonable, terminate the agreement with a pro-rata refund of any prepaid fees.

Third-party Tools

The System may integrate with third-party tools over which Pivot Point has no control. Pivot Point shall not be responsible for any use of third-party intellectual property required to use the System, and you agree to abide by the terms and conditions of any such third-party providers.