Terms of Service
Last updated: March 2026
1. Agreement to Terms
These terms and conditions (“Terms”) govern your use of Paperbark.ai (the “Platform”). By paying for your Subscription or accessing the Platform, you (the “Merchant” or “Client”) agree to be bound by these Terms and our Privacy Policy. These Terms form a binding contract with Paperbark.ai Pty Ltd (ABN 94 688 956 774) governed by the laws of New South Wales.
2. Defined Terms
- Intellectual Property Rights: All rights conferred by law in relation to copyright, trade secrets, confidential information, and patents.
- Merchant Data: All PI and commercial data inputted into or ingested by the Platform via API integrations (e.g., Shopify, Meta).
- Paperbark IP: The proprietary “Organic Intelligence” logic, workflows, agentic reasoning models, and UI/UX of the Platform.
3. The Agentic Model & The “Strategic Governor”
Role of the Merchant
You act as the “Strategic Governor” of the Paperbark Agent. The Platform operates strictly on a “Human-in-the-Loop” (HITL) basis. You bear full, absolute responsibility for reviewing, approving, and executing any actions recommended by the Agent.
Advisory Nature
All AI-generated outputs, insights, and recommendations are strictly for advisory purposes. You must verify the accuracy and commercial viability of all outputs before taking action.
4. Acceptable Use Policy (AUP)
You agree not to use the Platform to:
- Generate illegal, defamatory, or fraudulent content.
- Scrape, reverse-engineer, or attempt to extract the underlying AI models or Paperbark IP.
- Process sensitive personal data (e.g., health data) not standard to e-commerce operations.
- Bypass or manipulate the HITL approval safeguards.
5. Allocation of Liability (The “Agentic Gap”)
To the maximum extent permitted by the Australian Consumer Law:
No Liability for Logic Errors
Paperbark is not liable for indirect loss, loss of profit, or business interruption arising from “AI Hallucinations,” logic errors, or inaccurate insights, regardless of whether the Agent was correctly configured.
Liability Cap
Our total aggregate liability for any claim arising out of these Terms is strictly limited to the total Subscription fees paid by you in the three (3) months preceding the claim (or $1,000 AUD during a Pilot Phase, whichever is greater).
6. Intellectual Property
Paperbark retains sole legal and beneficial ownership of all Paperbark IP. The Merchant retains ownership of all Merchant Data. We grant you a limited, non-exclusive, revocable license to access the Platform for your internal business use during the Subscription term.
7. Subscription, Cancellation & Data Purge
Terms
Subscriptions are billed on a recurring basis. Notice of cancellation must be provided 7 days prior to the next billing cycle.
Post-Termination
Upon termination or app uninstallation, Paperbark will purge Merchant Data and connected Customer Data within 30 days, in accordance with our Privacy Policy and platform partner (Shopify/Meta) requirements.