Terms of Service

Last Updated: December 8, 2025

Welcome to Sidekik.io! These Terms of Service (these “Terms”) govern your access to and use of the Sidekik.io platform, website, and services (collectively, the “Platform” or “Services”). By accessing or using Sidekik.io, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use the Platform. Please also review our Privacy Policy to understand how we collect and use your information; the Privacy Policy is incorporated by reference into these Terms.

Entity Name and Jurisdiction

Legal Entity: Sidekik.io is operated by Fixin Pty Ltd (ABN 23 685 436 935), an Australian private company. In these Terms, “Sidekik.io”, “Sidekik”, “we”, “us”, or “our” refer to Fixin Pty Ltd, and “you” refers to you, the user or account holder.
Governing Law: These Terms and your use of the Platform are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree that any dispute or claim arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
Age and Capacity: The Services are intended for business use by adults. By using Sidekik.io, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract.

Core Services

Sidekik.io provides an AI-powered assistant and customer communication management platform to help businesses engage with their customers. Our core Services include:

AI Chat and Voice Assistant: An AI-driven text and voice chatbot that interacts with your website visitors or customers in real-time, answering questions and providing information based on your configured content.
Built-in Forms: Customizable forms for capturing leads, service requests, or bookings from your customers. These forms can be accessed via your Sidekik public profile.
Scheduling and Calendar Integration: Tools to schedule meetings or appointments, including integrations with popular calendar systems, allowing your Sidekik to prompt or book meetings on your behalf.
Dashboard and Analytics: A user dashboard where you can manage conversations and leads, review chat transcripts, and access basic analytics or usage insights about how visitors interact with your Sidekik.
Public Profiles and Embeds: The ability to create a public profile (a shareable page or handle on Sidekik.io) showcasing your business or personal brand. You can embed your AI assistant and lead capture forms on your own website or share the Sidekik profile link.
AI Assistant Training: Features that allow you to train or customize your AI assistant’s responses by providing content such as FAQs, service descriptions, documents, or URLs. This helps tailor the AI’s knowledge to your specific business information.

These Services and features may be updated or expanded from time to time. Sidekik.io grants you a limited, non-exclusive, non-transferable license to use the Platform and Services for your internal business purposes, subject to these Terms.

User Eligibility

Business Use: Sidekik.io is designed for use by businesses and professionals. By registering an account or using the Services, you represent that you are using the Platform for business or commercial purposes, and not as a private consumer for personal or household needs.
Age Requirement: You must be 18 years of age or older (or at least the age of legal majority in your country of residence) to create an account and use the Platform. The Services are not intended for and should not be used by minors. If you are using the Platform on behalf of a company or organization, you also represent that you have the authority to bind that entity to these Terms.
Compliance: You agree to use the Platform only in compliance with these Terms and all applicable laws and regulations. The availability of the Services may vary by country, and it is your responsibility to ensure that using Sidekik.io is lawful in your jurisdiction. We reserve the right to refuse service, close accounts, or limit access to the Services in certain jurisdictions if use would violate any law or regulation.

Account Terms

Account Registration: To access most features, you must create an account with a valid email address. Each user may register one account per email; shared accounts are not permitted. If multiple team members at your company wish to use Sidekik.io, each person should create their own account (you may each have your own Sidekik profile, which can represent the same organization or different aspects of your business as needed).
Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your password or give others access to your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. Sidekik.io is not liable for any loss or damage arising from your failure to secure your account.
Account Information: You agree to provide accurate, current, and complete information during registration and to keep your account information updated. We may suspend or terminate your account if we determine that any information provided is false, outdated, or violates our Terms.
Account Usage: All activity under your account is your responsibility. You must not impersonate someone else or misrepresent your identity or affiliation with any person or entity. If you are using the account on behalf of a business or organization, you understand that you are responsible for ensuring all use of the account complies with these Terms.
Communication: By creating an account, you consent to receive electronic communications from us (such as via email or through the Platform’s interface), regarding your account, transactions, security, and product updates. You can manage your communication preferences through your account settings or by contacting support, but certain administrative or transactional communications are necessary for the Services and may not be opted out of.

Subscription and Fees

Sidekik.io offers both free and paid subscription plans. The following terms apply to fees and payments:

Free Plan: We provide a Free tier with limited features and usage (for example, capped number of AI chat messages, limited history retention, basic features as listed on our website). The Free plan allows you to use the core functionality at no cost, but it may have usage quotas or restricted functionality. We reserve the right to change the limits or features of the Free plan from time to time. We also reserve the right to discontinue the Free plan at our sole discretion.
Paid Plans: Enhanced features and higher usage limits are available through paid subscription plans (e.g., a “Plus” plan or other tiers as described on our site). Paid plans are offered on a subscription basis (such as monthly billing). By signing up for a paid plan, you agree to pay the applicable subscription fees and any taxes or charges incurred in connection with your account.
Billing and Payment: Subscription fees are billed monthly in advance (unless otherwise specified for your plan) and will be charged to the payment method you provide. We use secure third-party payment processors (such as Stripe) to handle payment transactions. By providing a payment method, you represent that you are authorized to use that payment method and you authorize us (or our payment processor) to charge the subscription fees to it. All fees are stated and charged in U.S. Dollars (USD) or as otherwise indicated, and do not include any taxes (such as GST/VAT) that may apply. You are responsible for paying any applicable taxes or government charges, if any, applicable to your subscription.
Auto-Renewal: Paid subscriptions will automatically renew at the end of each billing cycle (monthly, unless stated otherwise) unless you cancel your plan before the next renewal date. By default, you will be charged the same subscription fee for each renewal term. We will notify you of any changes to pricing as described below. You can upgrade or downgrade your plan via the Platform dashboard; if you upgrade, the new rate may be prorated for the current billing cycle, and if you downgrade, the change will apply from the next billing cycle.
Cancellation: You may cancel your subscription at any time by downgrading to a free plan or by following the account cancellation procedure in your dashboard or by contacting us. If you cancel a paid subscription, you will retain access to the paid features until the end of your current paid term, and your subscription will not renew thereafter. Cancellation will be effective at the end of the current billing period; we do not provide pro-rated refunds for the remaining days in a month when a subscription is canceled early (except where required by law).
No Refunds Policy: Subscription fees are non-refundable. Once a charge has been processed for a billing period, it cannot be refunded for that period, except in the following situations: (a) where required by Australian Consumer Law or other applicable law (for instance, if you are entitled to a refund by law for a major failure of a service), or (b) in our sole discretion under extraordinary circumstances (for example, a clear billing error on our part). We want you to be satisfied, so if you believe an error has occurred in billing, please contact support and we will review the situation in good faith.
Payment Issues: If your payment method fails or if your account becomes past due, we reserve the right to suspend or limit your account and access to Services until all outstanding fees are paid. If fees remain unpaid for a 2-day period, we may terminate your subscription. You are responsible for providing a valid payment method and updating it as needed. Sidekik.io is not responsible for any bank fees, currency exchange fees, or differences in amounts due to exchange rate fluctuations or third-party charges.
Fee Changes: Our pricing and subscription plans may change over time. If we change the subscription fees or introduce new charges, we will provide you with advance notice (for example, by email or by posting an announcement on our site or dashboard). Any fee changes will apply only after the conclusion of your current billing cycle – in other words, you will not be charged a new rate in the middle of a pre-paid period. If you do not agree with a fee change, you may cancel your subscription before the new fees take effect. Continuing to use the paid Services after the price change goes into effect constitutes your acceptance of the new prices.
Third-Party Services: When you integrate Sidekik.io with third-party services (such as calendar providers or CRM systems), those services may have their own fees or subscription costs which are separate from Sidekik.io’s fees. We are not responsible for any third-party charges you incur when using external integrations.

User Content and AI Responses

Sidekik.io allows you to provide content to train your AI assistant and uses artificial intelligence to generate responses. This section explains your rights and responsibilities regarding content, and important disclaimers about AI-generated output.

User Content: You may upload, submit, or provide information to the Platform to customize your Sidekik’s knowledge and behavior. This can include FAQs, business information, product or service descriptions, documents, URLs, or other supported materials (“User Content”).

Ownership of User Content: You retain any intellectual property rights you hold in the content you provide. Sidekik.io does not claim ownership of your User Content. However, by submitting User Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, host, modify (e.g., reformat or excerpt), and process your content for the purpose of operating and improving the Services. This license allows us to, for example, feed your provided FAQs or documents into our AI systems to generate responses on your behalf, and to store backup copies of your data. We will only use your content as needed to provide the Services to you and as otherwise permitted by our Privacy Policy.
Your Responsibilities: You are solely responsible for all User Content you provide and the consequences of using it with the AI. You represent and warrant that you have all necessary rights and permissions to upload or use the content on the Platform, and that such content does not violate any law or infringe anyone’s rights. Do not upload confidential or sensitive information (such as personal data about others, financial information, etc.) unless you have the legal right to do so and have obtained any required consents. While we take measures to secure data, the AI responses might incorporate or reveal parts of the provided data in conversation; therefore, do not provide any content to Sidekik.io that you wouldn’t want to be potentially shared in an AI-generated response. If you choose to input personal data of others, you are responsible for complying with privacy laws (for example, obtaining consent from the individuals if required).
Content Moderation: We reserve the right to remove or disable access to any User Content that we deem to violate these Terms or any applicable law, or for any other legitimate reason (for example, content that is excessive in volume and impacts system performance). However, we are not obligated to monitor content, and you remain responsible for your content and any harm resulting from it. If you find that the AI is generating responses that include incorrect or inappropriate use of your provided content, you should adjust or update your training content and notify us if you believe there is a platform issue.

AI-Generated Responses: Sidekik.io uses AI algorithms (including large language models and other techniques) to generate answers, messages, and other content (“AI Responses”) based on your User Content and general system training. While we strive for useful and accurate responses, the AI is not infallible and its outputs are generated automatically.

Quality and Accuracy: AI-generated responses are provided “as is”. Sidekik.io makes no guarantee that every response will be correct, accurate, complete, or appropriate for your situation. The AI may occasionally produce incorrect statements, misunderstand a query, or provide outdated information. You should review and verify important or sensitive information provided by the AI before relying on it. If your Sidekik is answering customer inquiries, we recommend periodically reviewing the conversation logs and training data to ensure the AI’s answers remain accurate and up-to-date.
No Professional Advice: The AI Responses are for general information purposes and should not be considered a substitute for professional advice. For example, the Platform’s answers (even if based on content you provided) should not be solely relied upon for making legal, financial, medical, or other critical decisions. Sidekik.io is not a law firm, financial planner, medical provider, or other licensed professional service, and we do not warrant or represent that the AI’s output constitutes accurate professional advice. If you choose to use the Platform to assist in providing any kind of professional advice or information to others, you do so at your own risk and you must ensure compliance with all applicable professional standards and laws (see Prohibited Use below for restrictions on certain advice).
Disclaimer on AI Output: Sidekik.io is not responsible for any errors, omissions, or any outcomes arising from your reliance or your end-users’ reliance on AI-generated responses. You understand that using an AI assistant involves some risk that the content may be incorrect or misinterpreted. You agree that you will not hold us liable for any harm or loss that occurs due to actions you take (or choose not to take) based on the AI’s output.
End-User Interactions: If you deploy your Sidekik assistant to interact with customers or end-users on your behalf (such as embedding the chat on your site or sharing your Sidekik profile link), you are responsible for those interactions. This means you should ensure that your Sidekik’s tone and content are appropriate for your audience. If an end-user provides input to the AI (for example, a customer asks a question), the AI’s response will be based on its training but could be unpredictable. You agree that you are using Sidekik.io as a tool to facilitate communications between you and your customers, and that you remain responsible for the customer relationship. If a dispute or issue arises from an AI interaction with an end-user, you (and not Sidekik.io) are responsible for addressing it.
Continuous Improvement: We may use data from AI interactions (in anonymized or aggregated form) to improve our algorithms and Services. We will not publicize your proprietary User Content or specific AI conversations in a way that identifies you without your permission. For details, please see our Privacy Policy. By using the Platform, you acknowledge that AI technology is continuously learning and that feedback (such as you marking an AI response as unhelpful) may be used to refine the system.

Intellectual Property in the Platform: Aside from your own content, all rights, title, and interest in and to the Sidekik.io Platform and Services (including all software, code, algorithms, models, user interface design, trademarks, logos, and content provided by us) are owned by Fixin Pty Ltd or its licensors. These are protected by intellectual property laws. You are granted no rights in this intellectual property other than the limited right to use the Services as outlined in these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our Platform (except as enabled through the Service itself, such as sharing your public profile) and not to reverse engineer or attempt to extract the source code of our software, except to the extent that such restriction is prohibited by law. Any feedback or suggestions you voluntarily provide regarding Sidekik.io can be used by us for any purpose, free of any obligation to you (we appreciate feedback, but we are not required to use it or to compensate you).

Prohibited Use

You agree to use Sidekik.io in a lawful manner and only for its intended purposes. The following uses or activities are strictly prohibited on the Platform:

Illegal or Fraudulent Activity: You may not use the Services for any unlawful purpose, or to promote or facilitate illegal activities. This includes (but is not limited to) using the AI to assist in any fraudulent schemes, impersonation of others in a deceptive manner, phishing, or any activity that violates any law or regulation.
Adult or Obscene Content: You may not use Sidekik.io to create, transmit, or store content that is pornographic, sexually explicit, or obscene. The Platform is not intended for adult content industries. Similarly, you must not use the AI to engage in or promote any form of child exploitation, non-consensual sexual themes, or any content that is highly graphic or inappropriate for general audiences.
Hate Speech or Harassment: You may not use the Platform to engage in hateful, harassing, or abusive speech or content. This includes content that is defamatory, discriminatory (e.g., attacking individuals or groups based on race, religion, gender, sexual orientation, disability, etc.), or that encourages violence or hatred against any person or group. Sidekik.io should be used to improve customer engagement in a positive manner, not to spread harm.
Financial, Legal, or Medical Advice: The Platform must not be used to provide professional advice in regulated fields such as finance, legal, or medical matters. Even if you are a professional in one of these fields, you should not rely on the AI to generate advice for clients or patients without thorough human review and compliance with all professional obligations. Without explicit written permission from us, and appropriate oversight, you may not deploy Sidekik.io to offer financial planning, investment recommendations, legal counsel, medical or health diagnosis or treatment advice, or any other expert advice that could result in serious consequences if incorrect. (In short, do not use the AI as a doctor, lawyer, financial advisor, or similar role.)
Intellectual Property Infringement: You must not upload or use content on Sidekik.io that you do not have the right to use. This means no posting of copyrighted material, trademarks, or proprietary information of others unless you have permission. Also, you should not use the AI to generate content that infringes someone else’s intellectual property rights or to disseminate trade secrets or confidential information that you are not authorized to disclose.
Malicious or Technically Harmful Acts: You may not use the Platform to transmit viruses, malware, or any other code that is malicious or technologically harmful. You also agree not to attempt to interfere with or disrupt the integrity or proper working of the Platform – for example, by engaging in activities like denial-of-service attacks, crawling or scraping the service in an aggressive manner, attempting to hack or bypass any security or authentication measures, or using automated systems (bots) in a manner that imposes an unreasonable load on our infrastructure.
Spam and Unsolicited Messages: The Platform should not be used for sending spam or unsolicited bulk messages to anyone. You must follow all applicable laws regarding email or text communications (like anti-spam laws) if you use Sidekik.io to reach out to leads or customers. Any use of the Services for abusive marketing or spam can result in immediate termination of your account.
Misrepresentation and Deception: You should not use Sidekik.io to impersonate any person or entity in a deceptive manner. If your Sidekik assistant is communicating with end-users, do not mislead them to think they are talking to a human if in fact it’s an AI (and in some jurisdictions, you might be legally required to disclose the use of an AI chatbot). You also must not use the AI to create fake identities, endorsements, or to misrepresent your affiliation with any person or entity.
Violations of Others’ Rights or Privacy: Do not use the Services to violate anyone’s privacy or data protection rights. This means you shouldn’t use Sidekik.io to collect sensitive personal information from individuals without their consent, nor to publish personal details about someone without permission. If the Platform provides you with personal data (for example, through lead capture forms), you must handle that data in compliance with privacy laws and our Privacy Policy.

If you engage in any of the above prohibited activities or otherwise violate any provision of these Terms, we may take action including suspending or terminating your account (see Termination below) and, if necessary, reporting you to law enforcement. We reserve the right to investigate any misuse of our Services, and you agree to cooperate with us in such investigations if we request.

Termination

This section explains how you or we may terminate the agreement and what happens upon termination of your account.

Your Right to Cancel: You have the right to stop using Sidekik.io at any time. You may delete your Sidekik.io account or cancel your subscription through the account settings on the Platform or by contacting our support team. If you simply stop using the Services or uninstall any Sidekik.io integrations, that does not automatically terminate your account – you should explicitly cancel or delete the account to end this agreement. Upon your request, we can assist in deleting your account and associated data (subject to the data retention paragraph below).
Our Right to Terminate or Suspend: We reserve the right to suspend or terminate your access to the Platform (or certain features of the Platform) at our discretion for any of the following reasons:
Breach of Terms: If you violate these Terms or any policies referenced herein (including the Prohibited Use rules), we may suspend your account immediately and, if the issue is not promptly remedied or is severe, terminate your account.
Misuse of AI or Services: If we detect behavior that significantly misuses the AI (for example, attempts to manipulate the system, generate disallowed content, or otherwise abuse the service in a manner that risks harm to other users, the public, or our systems), we may suspend or terminate your account without prior notice.
Legal Compliance: If required by law or at the direction of law enforcement or other authorities, we may terminate accounts or remove content. Additionally, if your use of the Platform is subject to legal dispute or investigation, we may suspend your access during the resolution of that matter.
Non-Payment: For paid subscribers, if fees become past due and you fail to cure the payment default after we provide notice, we may downgrade, suspend, or eventually terminate your account for non-payment.
Ceasing Operation: In the unlikely event that we decide to discontinue the Platform or Services entirely, we may terminate all accounts with reasonable notice. In such case, if you have a paid subscription, we would refund any prepaid fees for the remaining period after termination.
Notice of Termination: Where reasonably possible (for example, if the cause is something fixable like a policy violation or late payment), we will attempt to notify you of the suspension or termination, either through the Platform or to the email on file, to provide an opportunity (if appropriate) to address the issue. However, in cases of severe violations, illegal conduct, or risk of harm, we may suspend or terminate immediately without notice.
Effect of Termination: When your account is terminated (by you or by us), the following will occur:
Your right to access and use the Services will immediately cease. You must stop using any Sidekik.io services, and any licenses granted to you under these Terms will end.
We will deactivate or delete your account, and you will lose access to your dashboards, chat histories, leads, and any other data or content in your account. Please ensure you have exported or saved any data you need prior to terminating your account. After termination, we are not obligated to retain your data (and we may delete it from our systems), except as required by law or as outlined in our Privacy Policy.
Any user content you have provided may be deleted from the active databases of the Platform. Sidekik.io will handle personal data and content deletion in accordance with our data retention and deletion practices, as described in our Privacy Policy. (In general, we aim to permanently delete or anonymize personal data when it is no longer needed, but please note backup copies or data stored in archival systems may not be immediately deleted, though will be purged periodically).
If your account is terminated due to a violation of these Terms or unlawful activity, you will not be entitled to any refunds of fees you have paid. If we terminate your account without cause (not due to your fault), and you have paid for a subscription that still had time remaining, we will provide an appropriate refund for the unused portion of the subscription.
Surviving Provisions: Termination of your account does not affect provisions of these Terms that by their nature survive termination. All sections concerning liability limitations, disclaimers, indemnification, governing law, and dispute resolution (and any other clauses which are expressed or implied to survive) will continue to be in effect even after your account is closed and these Terms are formally ended.

Indemnification

To protect us from losses that could occur due to your use of the Platform, you agree to indemnify us as described below.

Your Indemnity Obligation: You agree to indemnify, defend, and hold harmless Fixin Pty Ltd (the operator of Sidekik.io), its parent, affiliates, and their respective officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or related to:
Your Use of the Platform: Any use or misuse of the Sidekik.io Services by you or under your account (including by anyone you allow to use your account). This covers, for example, claims arising from content you or your AI assistant provided to others.
User Content: Any User Content you upload or provide, including any allegation that such content infringes a third party’s intellectual property, privacy, or other rights, or that it is defamatory or harmful.
AI Responses and Interactions: Any harm, injury or loss that occurs to any person (including your customers or website visitors) caused by or connected to information or responses generated by your Sidekik AI assistant. For instance, if a customer relies on incorrect information provided by your Sidekik and takes legal action, you would indemnify us for any costs or damages we incur as a result.
Violation of Laws or Terms: Your violation of any applicable law, regulation, or rights of a third party, or your breach of any provision of these Terms (including the prohibited use provisions).
Indemnity Process: If any Indemnified Party receives notice of a claim or legal action to which this indemnity might apply, we will promptly notify you of that claim. You agree that the Indemnified Parties may assume the defense and control of the matter, and you will cooperate with us in the defense. You further agree not to settle any such matter without our prior written consent (which we will not unreasonably withhold). The Indemnified Parties will make reasonable efforts to inform you of any claim, but any failure to do so will not relieve you of your obligations under this indemnity, except to the extent that the delay materially prejudices your ability to defend the claim.
Continuing Obligation: Your duty to indemnify remains in effect even after termination of your account or cessation of use of the Platform, with respect to any claims based on your use of the Service during the time your account was active.

This indemnification clause means that if a third party (including, for example, a customer of yours or another user) brings a claim against Sidekik.io due to something you did or failed to do in violation of these Terms or applicable law, you will cover the costs associated with that claim for Sidekik.io and the related parties listed.

Liability and Warranty

This section limits our liabilities and the warranties we provide (or rather, do not provide) regarding the Services. Please read this section carefully to understand the extent of our obligations and your rights.

Disclaimer of Warranties: Sidekik.io is provided “as is” and “as available”. While we strive to maintain a reliable and high-quality service, we make no express or implied warranties or guarantees about the Services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, error-free, or completely secure. We do not guarantee that the AI responses or any content on the Platform will be accurate or meet your expectations. We provide no assurances that using the Service will increase your sales, save you time, or any specific outcomes – any marketing descriptions of our product’s potential benefits are for illustrative purposes and are not guaranteed. You understand that use of the Platform is at your own risk. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you to the extent prohibited by law.

Consumer Law Notice (Australia): If you are considered a “consumer” under the Australian Consumer Law or similar legislation, you may have certain rights and remedies that cannot be excluded or limited by contract. Nothing in these Terms is intended to exclude, restrict, or modify any condition, warranty, guarantee, right or remedy that you may have under law to the extent that such exclusion, restriction or modification would be unlawful. If any guarantee or warranty is implied by law and cannot be excluded, then to the extent permitted by law, our liability for a breach of such a guarantee or warranty is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

Limitation of Liability: To the maximum extent permitted by law, in no event will Sidekik.io (Fixin Pty Ltd) or its affiliates, or their respective officers, directors, employees or agents, be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; or (b) any loss of profits, revenue, goodwill, customers, data, or use, arising out of or relating to your access to or use of (or your inability to access or use) the Platform or Services, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other theory.

Furthermore, to the fullest extent permitted by law, the total aggregate liability of Sidekik.io and Fixin Pty Ltd for any and all claims arising from or related to the Services or these Terms shall not exceed the amount you have paid to us in subscription fees in the twelve (12) months immediately prior to the event giving rise to the claim (or, if you have not paid us any fees, the sum of USD $100 as an arbitrary cap). This means if, for example, you have paid us $500 in the last year, our potential liability to you is capped at $500.

These limitations are a fundamental part of the agreement between you and us and shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain liability limitations, so the above may not apply to you in full – in such cases, our liability is limited to the minimum amount permitted by law.

Release: To the extent permitted by applicable law, you release Sidekik.io and the Indemnified Parties from responsibility for any claims, demands, and damages (actual and consequential) arising out of disputes between you and any third parties (including your customers) in connection with the use of the Platform. For example, if you have a disagreement with a user who interacted with your Sidekik assistant, you release us from any liability arising from that transaction or interaction.

You acknowledge and agree that the fees (if any) charged for the Services reflect this allocation of risk and the limitations of liability specified herein, and that we would not be able to provide the Services on an economically feasible basis without such limitations.

Governing Law and Dispute Resolution

Governing Law: This agreement (these Terms) and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of New South Wales, Australia. If you are accessing the Services from outside Australia, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Initial Dispute Resolution: We aim to address any concerns you may have. Before filing any claim against Sidekik.io, you agree to try to resolve the dispute informally by contacting us at [email protected]. Please briefly describe the nature of your dispute and your contact information. We will attempt in good faith to negotiate a resolution with you. If a dispute is not resolved within 30 days after submission, either party may pursue formal legal action.
Jurisdiction and Venue: If any dispute arising out of or related to these Terms or the Services proceeds to court, such dispute shall be brought in the appropriate courts located in New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of those courts. You agree that these courts are a convenient forum and you waive any objection to jurisdiction or venue in them, unless an applicable law explicitly requires otherwise (for example, certain consumer protection laws might allow consumers to sue in their home jurisdiction).
Injunctive Relief: Notwithstanding the above, if your improper use of the Platform causes or may cause us irreparable harm, we reserve the right to seek injunctive or other equitable relief in any jurisdiction to stop such harm, in addition to any other legal remedies available.
Attorneys’ Fees: In any litigation between you and us, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the other party (except to the extent prohibited by law or in a consumer case where such a requirement would be considered an unfair contract term).

Changes to These Terms

Updates: Sidekik.io may revise or update these Terms from time to time. We will strive to provide advance notice of any material changes. We may notify you of changes via email (sent to the address associated with your account) or through a notice on our website or dashboard. The notice will designate a reasonable timeframe after which the new terms will take effect.
Acceptance of Changes: Continued use of the Platform after updated Terms take effect will constitute your acceptance of the changes. If you do not agree to a change, you should stop using the Services and cancel your account before the new Terms become effective. We’ll always list the “last updated” date at the top of the Terms so you know when it was last changed.
Scope of Changes: Changes to these Terms will not apply retroactively. They will only apply from their effective date onward. Any dispute that arose before the changes shall be governed by the Terms in place at the time the dispute arose.
Minor Changes: Some updates may be minor (such as clarifications or improvements that do not materially affect your rights), and might not be explicitly communicated. We encourage you to review these Terms periodically to stay informed of any changes.

Miscellaneous

Entire Agreement: These Terms (along with any policies or documents incorporated by reference, such as our Privacy Policy and any subscription agreement or order form applicable to you) constitute the entire agreement between you and Fixin Pty Ltd regarding your use of Sidekik.io. They supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us regarding the subject matter of these Terms.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. The invalid provision will be deemed modified to the least degree necessary to remedy the invalidity while retaining as much of the parties’ original intent as possible.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of compliance in one instance does not mean that we will waive compliance in the future. To be legally binding, any waiver of any provision of these Terms must be communicated by us to you in writing.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Relationship of Parties: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and Sidekik.io. You and we are independent contractors. You do not have any authority of any kind to bind us in any respect whatsoever.
Force Majeure: We are not liable for any failure or delay in our performance under these Terms (including failure to provide the Services or meet response times) due to events beyond our reasonable control, such as an act of war, hostility, or sabotage; natural disaster; electrical, internet or telecommunications outage; government restrictions; or other force majeure event.
Contact Information: If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at [email protected]. We will do our best to respond and address your inquiry.

By using the Sidekik.io Platform, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing Sidekik.io to power your AI assistant and customer interactions! We look forward to helping you engage with your audience in new and efficient ways.