Legal

Terms & Conditions

Last updated: 23 October 2026

These Terms and Conditions govern your engagement with BlueGumAI, the registered business name of Remarkable Holdings Australia Pty Ltd as trustee for KM Family Trust, ABN 42 108 823 341, Blue Mountains NSW, Australia. By submitting an enquiry or engaging BlueGumAI for services, you agree to these terms.

1. Services

BlueGumAI provides AI development and enablement, AI consulting, and related services, including custom platforms, automation, websites, local SEO and AI agents, to businesses and organisations. Builds are delivered and handed over, with ongoing support available through the AI Concierge. The specific scope of work for each engagement will be agreed in writing before commencement.

2. Client Responsibilities

You agree to:

  • Provide accurate and complete information about your business and requirements
  • Grant timely access to systems, accounts, and platforms required to deliver the agreed services
  • Respond to communications within a reasonable timeframe so that work is not delayed
  • Ensure you have authority to provide any systems, data, or accounts shared with us
  • Meet payment obligations as agreed

3. Fees and Payment

  • Fees are set out in your engagement and may take the form of a build fee, consulting fees, a monthly AI Concierge fee, or a combination, as agreed in writing
  • Build or setup fees are due prior to or at commencement of work unless otherwise agreed in writing
  • Monthly fees are invoiced monthly in advance
  • Build and consulting fees are invoiced as set out in your engagement
  • Invoices are due within 14 days of issue
  • All fees are in Australian dollars (AUD) and include GST where applicable

4. Cancellation

  • Any monthly engagement, including the AI Concierge, has no minimum term and may be cancelled at any time with 14 days written notice to mark@bluegumai.com.au
  • On cancellation, BlueGumAI ceases operating the engine described in clause 5 (the systems, automations, and integrations that run on BlueGumAI's own infrastructure, for example a voice agent running on BlueGumAI's accounts). You retain your own identity and data (your domain, your website and its published content, your Google Business Profile, your customer list, and your reviews) and any automations, platforms or builds delivered inside your own business systems and accounts, which continue running
  • Fees already invoiced at the time of cancellation notice remain payable
  • Build and setup fees for completed work are non-refundable

5. Intellectual Property

  • Work product created specifically for you and intended to be yours, including your website content, written content, and your own business data, becomes your property upon receipt of full payment for that work
  • Custom platforms, websites and code delivered into your own accounts (for example your own GitHub, Cloudflare or hosting account) become your property upon receipt of full payment for that build
  • Automations, integrations, and configurations built directly inside your own business systems and accounts (for example, your CRM, job-management, or invoicing software) become your property upon receipt of full payment for that build, and continue running whether or not you take up the AI Concierge
  • The systems, accounts, automations, integrations, and configurations that BlueGumAI builds and operates on its own infrastructure (the "engine") remain owned and operated by BlueGumAI. While fees are paid, you receive the benefit of the engine for the term of the engagement, not ownership of it
  • BlueGumAI retains all rights to its own methodologies, frameworks, templates, tools, and know-how developed independently of your engagement
  • Third-party software and platforms used in delivering services remain subject to their own licensing terms
  • You grant BlueGumAI a non-exclusive licence to use your business name, logo, and materials as required to deliver the agreed services

6. Confidentiality

Both parties agree to keep confidential any non-public business information disclosed during the engagement. BlueGumAI will not share your business information with third parties except where necessary to deliver the agreed services or as required by law.

7. AI Tools and Third-Party Services

BlueGumAI uses AI tools and automation platforms in delivering its services, including Anthropic Claude, OpenAI ChatGPT and Codex, and Make.com. By engaging our services, you acknowledge that:

  • Data you provide may be processed by these third-party platforms
  • Each platform operates under its own terms of service and privacy policy
  • BlueGumAI takes reasonable care in selecting and using third-party tools but is not liable for the acts or omissions of those platforms

8. Warranties and Disclaimers

  • BlueGumAI provides services with reasonable care and skill
  • We do not guarantee any specific outcome, including increased leads, revenue, search rankings, time savings, or cost reductions
  • AI tools and automated systems have inherent limitations and performance will vary across different industries, markets, and business conditions
  • Any results referenced on this website reflect individual client experiences and are not typical or guaranteed
  • Nothing on this website constitutes professional legal, financial, or business advice

9. Limitation of Liability

To the maximum extent permitted by Australian law:

  • BlueGumAI's total liability for any claim arising from a service is limited to the fees paid for that specific service
  • BlueGumAI is not liable for any indirect, consequential, incidental, or special loss or damage, including loss of profit, loss of data, or loss of business opportunity
  • Nothing in these terms limits or excludes any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded or limited

10. Termination for Cause

BlueGumAI may suspend or terminate services immediately if you fail to meet payment obligations, provide materially false information, or commit a serious breach of these terms. On non-payment, BlueGumAI may cease operating the engine as described in clause 4. Outstanding fees remain payable on termination.

11. Governing Law

These terms are governed by the laws of New South Wales, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of New South Wales.

12. Changes to These Terms

BlueGumAI may update these terms from time to time. Changes will be posted on this page with a revised date. Continued engagement with our services following an update constitutes acceptance of the revised terms.

13. Contact

For questions about these terms, contact us at mark@bluegumai.com.au.

Questions? Email mark@bluegumai.com.au.