Draft. This terms of service is published for review while Ask The Captain is in its first voyage. It has not yet had legal review and is not approved for reliance; the text is dated 31 August 2026.

Ask The Captain Terms of Service

DRAFT FOR HUMAN AND LEGAL REVIEW — NOT APPROVED FOR PUBLICATION OR RELIANCE.

This working draft contains unresolved commercial and legal choices. Every provision with legal effect is followed by a reviewer note. Replace all bracketed placeholders and obtain Australian legal advice before acceptance, publication, or use with an external tenant.

Draft date: 31 August 2026
Proposed operator: Someday Somehow Brewing, an Australian-incorporated business (legal entity name, ACN/ABN and registered address to be inserted)
Service: Ask The Captain at askthecaptain.app (the Service)
Contact: [support and legal email to be inserted]

Reviewer note — entity and commencement: Confirm the contracting legal entity, business/trading-name registration, ACN/ABN, address, contact channels, publication date, commencement mechanism, and whether separate consumer and business terms are required.

1. Agreement and eligibility

These Terms form an agreement between the proposed operator above (Captain, we, us) and the organisation or sole trader that creates or accepts an account (Customer, you). A person accepting for an organisation represents that they are authorised to bind it. Users must be at least 18 years old and use the Service for business purposes.

Reviewer note — formation and consumers: Confirm clickwrap wording and evidence, authority rules, minimum age, geographic availability, and whether the Australian Consumer Law or any non-excludable consumer guarantees apply despite the intended business use. Do not rely on the business-purpose statement to exclude statutory rights.

2. Accounts and tenant administrators

The Customer is responsible for its authorised users, administrator choices, accurate account information, and reasonable protection of account credentials. The Customer must promptly remove access that is no longer authorised and notify Captain of suspected compromise. Captain may rely on instructions from a current tenant owner or administrator, subject to account-recovery and high-risk-action controls.

Reviewer note — authority and recovery: Confirm the allocation of responsibility between the Customer and individual users, acceptable authentication standard, owner-transfer process, support identity checks, and which actions require step-up authentication or dual approval.

3. The Service and changes

Ask The Captain provides tools for configuring and operating a small business, connecting third-party systems, running workflows, and using user-selected AI services. Features may change as the product develops. Material reductions to paid functionality will be communicated in advance where reasonably practicable.

Reviewer note — product commitment: Decide the committed feature set, beta/pilot status, notice period, service levels, support scope, maintenance rights, roadmap disclaimer, and remedies for material reductions.

4. Customer data and instructions

The Customer retains its rights in information submitted to or generated within its tenant (Customer Data). The Customer authorises Captain to host, copy, transmit, transform, back up, and otherwise process Customer Data only as needed to provide, secure, support, and improve the Service, comply with law, and follow documented Customer instructions. The Customer must have all rights, notices, consents, and lawful bases needed for Customer Data and Captain’s processing of it.

Reviewer note — licence and processing role: Confirm the licence scope, whether product improvement may use identifiable tenant content, controller/processor roles, need for a data processing agreement, restrictions on sensitive information, and responsibility for third-party data. Align this clause with the final privacy notice and vendor contracts.

Captain will not sell Customer Data. Captain will not permit one tenant to access another tenant’s Customer Data except where legally required or through an expressly authorised support process.

Reviewer note — “sell” and isolation promise: Confirm the intended statutory meaning of “sell”, any analytics or advertising practices, lawful-disclosure carve-outs, support-access wording, and whether this statement creates a warranty beyond the implemented controls.

5. Connected services and AI vendors

The Customer may connect third-party services, including GitHub, Google, Shopify, Anthropic, and OpenAI. Third-party terms, availability, data practices, and charges apply separately. The Customer directs Captain to exchange the data necessary for enabled connections and is responsible for the accounts, permissions, and configuration it selects.

Reviewer note — third parties: Confirm the final provider list, OAuth scopes, disclosure notices, responsibility split, revocation behaviour, provider-specific terms, and whether any providers act as Captain’s subprocessors, the Customer’s processors, or independent controllers.

For supported AI modes, each user connects their own subscription or API account and pays that vendor directly. Captain does not sell AI usage and must not receive or intermediate Claude.ai or ChatGPT session credentials. Hosted command-line clients remain unmodified and the user authenticates through the vendor’s own flow.

Reviewer note — BYO AI: Re-verify Anthropic and OpenAI terms immediately before launch; confirm hosted-client permissions, billing disclosures, enterprise/workspace restrictions, credential handling, usage limits, and whether the proposed OpenAI subscription mode may be offered at all.

6. AI output and human review

AI-generated content may be incomplete, inaccurate, or unsuitable. The Customer must review outputs and proposed actions before relying on them. The Service is not a substitute for professional legal, financial, tax, safety, employment, or regulatory advice. Deterministic controls and confirmation flows reduce risk but do not guarantee an outcome.

Reviewer note — AI disclaimer: Confirm the regulated use cases that must be prohibited or separately controlled, the prominence of in-product warnings, responsibility for automated workflows, and interaction with non-excludable guarantees and negligence law.

7. Acceptable use

The Customer and its users must not:

Reviewer note — acceptable use: Counsel and product owners must confirm prohibited industries, high-risk decision categories, content rules, security-research safe harbour, enforcement standard, evidence process, appeal path, and compatibility with vendor acceptable-use policies.

8. Fees, budgets, and taxes

Fees, billing periods, usage allowances, and payment terms will be stated in an order, plan page, or pilot agreement. Customer-selected AI-vendor charges are separate. Configured budgets and limits are operational controls and are not a guarantee that a third-party vendor cannot charge more. Fees are exclusive of applicable taxes unless stated otherwise.

Reviewer note — commercial terms: Insert pricing, currency, GST treatment, invoices, payment method, late payment, refunds, trials, renewals, price-change notice, usage overages, failed budget-control remedy, and cancellation rules before paid use.

9. Security and confidentiality

Captain will use reasonable technical and organisational measures designed to protect Customer Data, including tenant isolation, access controls, encryption for stored credentials, audit records, backups, and incident handling. Each party must protect the other party’s non-public confidential information and use it only for the agreement, subject to customary exclusions and legally compelled disclosure.

Reviewer note — security standard: Validate each security statement against deployed production controls before publication. Define the confidentiality standard, exclusions, compelled-disclosure process, survival period, security schedule, audit rights, vulnerability handling, and any industry-specific requirements.

10. Intellectual property and feedback

Captain and its licensors retain rights in the Service, software, documentation, and branding. Except for the limited right to use the Service during the agreement, no rights are transferred. If the Customer provides feedback, Captain may use it without restriction or payment, provided it does not identify the Customer or disclose Customer Data.

Reviewer note — IP: Confirm ownership of configuration templates, tenant-specific guides, generated output, improvements, open-source components, and feedback. Review whether an output-ownership promise is possible under connected AI-vendor terms.

11. Suspension

Captain may limit or suspend access where reasonably necessary to address a security threat, unlawful or prohibited use, material breach, unpaid fees, vendor restriction, or risk to the Service or others. Where safe and lawful, Captain will give notice and a reasonable opportunity to remedy and will limit suspension to the affected scope.

Reviewer note — suspension: Decide urgency thresholds, notice and cure periods, non-payment process, emergency discretion, regulator requests, Customer remedies, data access during suspension, and appeal/escalation process.

12. Termination, export, and deletion

Either party may terminate as set out in the applicable order or plan. After termination, Captain will make a Customer export available and then delete or de-identify Customer Data after a stated retention period, except where law, security, dispute preservation, or backup cycles require longer retention. Connections, sessions, tokens, and hosted user environments will be revoked through the offboarding process.

Reviewer note — incomplete policy: Insert termination rights, notice, cure, export format and availability window, retention hold, deletion schedule, backup expiry, legal-preservation rules, fees on termination, insolvency treatment, and deletion evidence. These values are intentionally not invented in this draft and must match the implemented offboarding state machine.

13. Availability, warranties, and statutory rights

The Service is provided on the basis described in the applicable order or plan. To the maximum extent permitted by law, implied warranties are excluded; however, nothing in these Terms excludes, restricts, or modifies a right, guarantee, remedy, or liability that cannot lawfully be excluded, including under the Australian Consumer Law where it applies.

Reviewer note — warranties: Australian counsel must draft the final warranty, acceptable-quality, fitness, due-care, and consumer-guarantee language. Decide any uptime, backup, recovery, support, and service-credit commitments. Do not publish a broad “as is” disclaimer without review.

14. Liability and indemnities

No liability cap, exclusion of loss, or indemnity is proposed in this draft.

Reviewer note — mandatory drafting: Counsel must decide and draft proportionate liability caps, excluded loss categories, carve-outs, mitigation, third-party claims, Customer-data/IP indemnities, security/privacy liability, statutory limitations, and interaction with insurance and the Australian Consumer Law. This section is deliberately non-operative until reviewed.

15. Governing law and disputes

The intended governing law and dispute forum are Western Australia, Australia, with good-faith escalation before proceedings, but no binding clause is proposed in this draft.

Reviewer note — governing law: Confirm the operator’s location, courts, consumer jurisdiction constraints, negotiation/mediation process, urgent-relief carve-out, service of notices, class-action language (if any), and enforceability for overseas Customers.

16. Changes to these Terms

Captain may propose changes to these Terms and will provide advance notice of material changes. Continued use will constitute acceptance only where legally effective; otherwise renewed express acceptance will be obtained.

Reviewer note — variation: Set the notice period, delivery method, effective date, right to terminate, clickwrap re-acceptance threshold, treatment of existing orders, and rules for urgent legal/security changes.

17. General and contact

Final terms should address notices, assignment, subcontracting, force majeure, waiver, severability, entire agreement, order of precedence, survival, and relationship of the parties. Questions or legal notices should be sent to [address and email to be inserted].

Reviewer note — boilerplate: Draft and approve each listed provision; confirm electronic-notice consent and a reliable legal-notice channel. None should be treated as agreed merely because it appears in this checklist.