Terms of Service

1. Agreement

These terms are an agreement between you and MockingbirdAI(an Australian partnership, ABN 83 173 118 376) (“we”, “us”). They govern your use of the Mockingbird testing platform at mockingbirdai.com.au and app.mockingbirdai.com.au (the “Service”). By creating an account or using the Service you agree to them. If you use the Service on behalf of a company, you confirm you have authority to bind it, and “you” includes that company.

2. Beta status

The Service is in active beta. Features may change, be added, or be removed, and you may encounter bugs. We will give reasonable notice of changes that materially reduce what your plan includes.

3. Your account

Keep your login credentials and API keys confidential - you are responsible for activity under your account and workspace, including your team members’ use. Provide accurate account information and keep it current. You must be at least 18 to use the Service.

4. Acceptable use and testing authorisation

The Service drives automated browsers against the URLs you configure. You warrant that, for every target URL you test, you own the application or are authorised to test it by its owner. You must not use the Service to:

• test, probe, scan, or load websites or systems you are not authorised to test;
• violate any law, or infringe anyone’s rights;
• attempt to disrupt or overload the Service, or circumvent plan limits;
• resell or white-label the Service without our written agreement.

You indemnify us against claims, losses, and costs arising from tests you run against systems you were not authorised to test, or from your breach of these terms.

5. Test credentials

Credential modules exist so tests can sign in to your applications. Store only credentials you are entitled to use - ideally dedicated test accounts, not production or personal accounts. We store them encrypted and use them only to execute your tests, but you accept the residual risk inherent in storing any credential with a third party.

6. Plans, pricing, and billing

• All prices are in Australian dollars.
• We are not currently registered for GST, so no GST is charged. If we become GST-registered, GST will be added to prices as required by law, with notice.
• The Free plan includes 10 test runs per calendar month at no charge.
• The Plus plan is A$149 per month and includes 250 runs per month. Additional runs bill automatically at A$1.50 per run, dropping to A$1.20 per run beyond 5,000 runs in a month. Overage is billed in arrears on your monthly invoice.
• Custom plans are as agreed in writing.
• Billing is handled by Stripe; subscriptions renew monthly until cancelled.
• We may change prices with at least 30 days’ notice, effective from your next billing cycle.

7. Cancellation and refunds

You can cancel at any time via the billing portal in your workspace settings. Your plan stays active until the end of the current billing period, and there are no pro-rata refunds for the remainder of the period. Overage already consumed is still billed. Nothing in this section limits your rights under the Australian Consumer Law.

8. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts, or modifies those guarantees. Where we are permitted to limit remedies for a breach of a consumer guarantee, our liability is limited to re-supplying the services or paying the cost of having them re-supplied.

9. Your content and our IP

You own your tests, prompts, credentials, and data. You grant us a licence to host and process them solely to operate the Service. We own the Service itself - the software, design, and everything that isn’t yours. We do not use your data to train AI models.

10. Availability

We aim for high availability but do not offer an uptime guarantee on Free or Plus plans, particularly during beta. We may carry out scheduled maintenance and will give reasonable notice where practicable. We may also suspend the Service without notice to protect its integrity, and will keep interruptions as short as practicable.

11. Liability

Subject to section 8, and to the extent permitted by law: we are not liable for indirect or consequential loss (including lost profits, revenue, or data), and our total liability arising out of the Service in any 12-month period is capped at the amounts you paid us in that period (or A$100 if you paid nothing). Test results are provided as-is: passing runs do not guarantee your application is free of defects.

12. Suspension and termination

We may suspend or terminate your account if you materially breach these terms (including section 4), where required by law, or where we reasonably suspect fraud, account compromise, abuse, or a security risk to the Service or other users. We will give notice where practicable, though we may act first and notify afterwards where the risk requires it. You may close your account at any time. On closure, we delete your data in line with our Privacy Policy.

13. Privacy

Our Privacy Policy explains how we handle personal information and forms part of these terms.

14. Changes to these terms

We may update these terms from time to time. Material changes will be notified by email or in the app at least 14 days before they take effect. Continued use after that date is acceptance of the new terms.

15. Force majeure

Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, outages or failures of third-party infrastructure or providers, network or power failures, industrial action, or government action. The affected party will take reasonable steps to resume performance as soon as practicable.

16. Governing law

These terms are governed by the laws of Western Australia, Australia, and the courts there have non-exclusive jurisdiction.

17. Contact

Questions about these terms: admin@mockingbirdai.com.au