Terms of Service

These terms (the "Terms") form a legal agreement between Off The Ground Agency Pty Ltd (ABN 83 696 833 084) ("OTG Agency", "we", "us") and the organisation or individual ("you") accessing the GuardRail product (the "Service") at guardrail-one.vercel.app or any successor production domain.

By creating an account, uploading documents, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you are entering this agreement on behalf of an organisation you represent that you are authorised to do so.

GuardRail is a software-as-a-service tool that helps Australian organisations work through Privacy Act, AI Safety Standard, AI Ethics, and NDIS Practice Standards obligations. Features include an AI system inventory, framework-based questionnaires, AI-assisted document analysis, AI-generated draft documents, and a Trust Hub for sharing artefacts with reviewers.

We may add, remove, or change features from time to time. We will give Professional and Enterprise customers reasonable notice before removing or materially degrading paid features.

The Service produces draft text, gap analyses, and decision support outputs. It does not provide legal, regulatory, audit, or medical advice. You must apply human review before treating any output as a formal compliance position. We strongly recommend you have a qualified privacy officer, legal practitioner, or NDIS specialist review compliance documents before relying on them.

AI outputs may contain errors, omissions, or hallucinations. The Service's readiness scores and per-indicator findings are estimates and are not a substitute for an independent NDIS Quality and Safeguards Commission audit.

You are responsible for activity that occurs under your account, including the actions of your team members. Keep your credentials confidential and notify us promptly of any unauthorised access.

You must not:

• Upload content you do not have a lawful basis to process, including personal information you do not have authority to disclose;
• Attempt to bypass authentication, rate limits, plan entitlements, or other access controls;
• Use the Service to develop, train, or improve a competing product;
• Submit prompts or content designed to make the Service produce harmful, illegal, or misleading outputs;
• Resell, sublicense, or expose the Service's API to third parties without our written consent; or
• Use the Service in a way that breaches Australian law, including the Privacy Act 1988 (Cth) and the National Disability Insurance Scheme Act 2013 (Cth).

You own the data you upload, including uploaded documents and questionnaire answers ("Customer Data"). You grant us a non-exclusive, worldwide licence to host, transmit, and process Customer Data solely to provide the Service to you and to maintain its security and reliability.

We do not sell Customer Data and we do not use it to train third-party AI models. We rely on the standard enterprise data handling commitments of our LLM sub-processors as described in our Privacy Policy.

On termination of your account we will delete Customer Data within 60 days, except where retention is required by law.

Free plan features are described on the pricing page and may change with notice. Paid plans are billed in advance via Stripe and are exclusive of GST unless stated otherwise. Prices are in Australian dollars.

We may change paid plan pricing for new billing periods on at least 30 days' notice to you. If you do not agree to a price change you can cancel before it takes effect.

Subscriptions renew automatically until cancelled. You can cancel at any time from the billing portal; cancellation takes effect at the end of the current paid period and we do not refund partial periods except where required by Australian Consumer Law.

The Service, including its source code, framework content, questionnaire structures, scoring logic, and Trust Hub design, remains the property of OTG Agency or its licensors. Nothing in these Terms transfers ownership of the Service to you.

You retain ownership of Customer Data and of any documents you author or upload. AI-generated drafts produced through the Service are licensed to you on a perpetual, royalty-free basis for use within your organisation's compliance program.

The Service relies on third parties including Vercel, Supabase, Stripe, Anthropic, Google, and Mailgun. We are not responsible for outages, data handling, or changes in those services beyond our reasonable control. Our use of those services is described in our Privacy Policy.

To the extent permitted by law we provide the Service "as is" and disclaim all implied warranties not expressly set out in these Terms.

Where you are a "consumer" under the Australian Consumer Law, you may have non-excludable rights and remedies. Nothing in these Terms limits or excludes those rights. Where we are entitled to limit our liability, our liability is limited at our option to re-supplying the Service or refunding the fees you paid for the supply of the Service to which the breach relates.

Subject to clause 9, our total aggregate liability under or in connection with these Terms in any 12-month period is limited to the fees you paid to us during that 12-month period. Free-tier customers' aggregate liability cap is A$100.

Neither party is liable for consequential, indirect, incidental, punitive, or special damages, or for loss of profit, revenue, goodwill, anticipated savings, or business opportunity, in each case to the maximum extent permitted by law.

You can stop using the Service at any time. We can suspend or terminate your access if you materially breach these Terms, fail to pay overdue fees after a 7-day cure period, or use the Service in a way that exposes us or other customers to legal risk.

On termination, your access ends but the clauses on Customer Data, intellectual property, warranties, liability, and governing law continue.

We may update these Terms. The current version is always at this URL with the "Last updated" date at the top. Material changes will be communicated to account-holders by email at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia, except that we retain the right to bring proceedings in any jurisdiction to protect our intellectual property or confidential information.

Questions about these Terms can be sent through our contact form.