Terms of Service

1.1 Who we are. Gus is run by Inova AI Solutions Pty Ltd (ACN 698 288 836, ABN 19 698 288 836) trading as Gus AI, of Unit 2, 40 Inkerman Street, Parramatta NSW 2150 (we, us or our). Gus AI is a registered business name of Inova AI Solutions Pty Ltd. In these terms, Gus means the Gus AI service, including the WhatsApp assistant, the dashboard and our website.

1.2 Who you are. You means the business, sole trader or entrepreneur that signs up for Gus. If you sign up on behalf of a company or another person, you confirm you have authority to bind them to these terms.

1.3 Gus is for business use. You can only use Gus for your business. By signing up, you confirm that:

• you are at least 18 years old;
• you are using Gus in the course of carrying on a business, including as a sole trader; and
• everyone you add to your account (your crew) is at least 18 and uses Gus for your business.

1.4 How you accept these terms. You accept these terms when you tick the box at signup or during onboarding, or when you first use Gus, whichever happens first. We record when and how you accepted.

1.5 What makes up the agreement. Our agreement with you (the Agreement) is made up of:

• these Terms of Service;
• our Acceptable Use Policy;
• the plan details shown on our pricing page or at checkout when you sign up or change plans; and
• our Privacy Policy, which explains how we handle personal information.

If two of these conflict, these Terms of Service win, unless the plan details you agreed to at checkout say otherwise for that specific point.

1.6 Changes to these terms. We may update these terms as Gus grows or the law changes. If a change could disadvantage you, we will email you and message you at least 30 days before it takes effect. If you don’t agree with the change, you can cancel before it takes effect. If you’re on an annual plan and cancel because of the change, we’ll refund the unused part of your plan. Changes that only help you, or that the law requires sooner, can take effect straight away.

2.1 Plans. Gus has a free plan (Diary) and paid plans (Paperwork, Studio, The Works and Crew). What each plan includes, its price and any limits are shown on our pricing page. The plan details at the time you sign up or change plans are the ones that apply to you. Before you sign up, start a trial or change plans, we show you the key terms on the checkout screen, next to where you agree: the price, how often you’re billed, whether and when the plan renews, any trial period, and how to cancel.

2.2 The free plan. The free plan is free while we offer it. We may change what it includes or stop offering it. If we stop offering it, or take away a feature you use, we’ll give you at least 30 days’ notice.

2.3 Free trials. We may offer a free trial of a paid plan. The trial length is shown when you start it.

• We’ll remind you by email and WhatsApp at least 3 days before your trial ends. The reminder will tell you the full price you’ll pay, the date your trial ends, and the last day you can cancel without being charged.
• If you don’t cancel before the trial ends, your paid plan starts and we charge the payment method you gave us.
• If you cancel during the trial, you won’t be charged and you’ll move to the free plan.

2.4 Billing. Paid plans are currently billed monthly, in advance, in Australian dollars. Annual billing is not currently offered. Prices include GST where it applies. We’ll send you a tax invoice for each payment.

2.5 Payments are processed by Stripe. You authorise us to charge your nominated card or account through Stripe at the start of each billing period until you cancel. We don’t store your full card details. Stripe handles them under its own terms and privacy policy.

2.6 Failed payments. If a payment fails, we’ll tell you and try again. If it’s still unpaid 14 days after we first tell you, we may move you to the free plan until it’s paid. We won’t delete your data because of a failed payment while your account is open.

2.7 Price changes. We may change our prices. We’ll tell you at least 14 days before a new price applies to you.

• For monthly plans, the new price starts from your next billing period after the notice period.
• For annual plans, your price is locked in until your next renewal.
• If you don’t want to pay the new price, you can cancel before it takes effect and you won’t be charged it.

2.8 Our money-back promise. If you’re not happy with Gus, email support@higus.ai within 30 days of any payment and we’ll refund that payment in full. No forms and no hard questions. Once we’ve refunded you, we may cancel or downgrade that plan.

2.9 Cancelling. You can cancel a paid plan at any time from your dashboard, by messaging Gus, or by emailing support@higus.ai. Cancelling online is always available and takes only the steps needed to confirm it’s you. We won’t make it harder to cancel than it was to sign up.

• Your cancellation takes effect at the end of your current billing period (the current month for monthly plans, or the current year for annual plans).
• You keep full access until then.
• After that, your account moves to the free plan. If you’d rather close your account completely, see clause 6.4.

2.10 Changing plans. Upgrades start straight away and we charge you the difference for the rest of your billing period. Downgrades start at the end of your current billing period.

2.11 Your consumer rights. Nothing in this clause 2 limits any refund or other right you have under the Australian Consumer Law. See clause 7.1.

2.12 Reminders while you’re subscribed. So you’re never surprised by a charge, we’ll remind you by email:

• for annual plans, at least 30 days before your plan renews, with the renewal price, the renewal date and how to cancel; and
• for monthly plans, at least every 6 months, with what you pay, how often you pay it, and how to cancel.

3.1 What Gus does. Gus is an AI assistant that helps run your business through WhatsApp and a web dashboard. Depending on your plan, Gus can manage your calendar, send reminders, reply to leads and clients, prepare quotes, invoices and social content, and send you reports. Things you need to look at properly, like invoices or content, come to you as a dashboard link to review and approve.

3.2 Your account and crew. You’re responsible for your account and for everything done through it, including by your crew. You must:

• keep your login details and the WhatsApp numbers linked to Gus secure;
• only add crew members you trust and remove them when they leave; and
• tell us straight away at support@higus.ai if you think someone has accessed your account without permission, or if a linked phone is lost or stolen.

3.3 Messages Gus sends to your clients. When Gus messages your clients, leads or anyone else on your behalf, it does so in your business’s name. That means you are the sender of those messages under the law, and you are responsible for them. You must:

• only have Gus message people who have agreed to hear from you, or where the law otherwise allows it, including under the Spam Act 2003 (Cth) and WhatsApp’s own opt-in rules;
• make sure your business is clearly identified in messages, and that people can easily opt out, and respect opt-outs straight away;
• tell your clients you use an AI assistant where the law requires it or where not telling them could mislead them. Gus will never deny being AI to anyone who sincerely asks;
• have the right to give us your clients’ details, and tell them how their information is handled (for example, in your own privacy policy); and
• check messages that need your approval before you approve them.

You can set rules for what Gus sends automatically, such as quiet hours and which messages need your approval first. Messages sent automatically under rules you’ve set are still sent on your behalf.

3.4 AI can get things wrong. Gus uses AI models to understand messages and create content. AI can misunderstand, make mistakes, or produce something that is out of date or not quite right. You should:

• check quotes, invoices, prices, bookings and anything important before you rely on it or send it; and
• not treat anything Gus produces as legal, financial, tax, medical or other professional advice.

You’re responsible for the decisions you make using Gus’s work. This doesn’t limit our responsibility for our own mistakes, such as a bug in Gus that we caused.

3.5 WhatsApp and Meta. Gus works through WhatsApp, which is owned and run by Meta. You must also follow WhatsApp’s terms and policies. Meta can change its rules, prices or access at any time, and we don’t control that. If Meta’s changes mean we have to change, limit or pause part of Gus, we’ll tell you as soon as we can and work to keep Gus running through the dashboard or another channel. If you’ve prepaid for a period where we can’t provide Gus’s core features, we’ll refund that part.

3.6 Connected apps. You can connect other services to Gus, such as Google Calendar, Xero, Facebook, Instagram and Meta Ads. When you do, you authorise us to access those services on your behalf to provide Gus. You can disconnect them at any time from your dashboard or the other service’s settings. Those services are provided by other companies under their own terms. We aren’t responsible for how they work or for outages on their side.

3.7 Acceptable use. You and your crew must follow our Acceptable Use Policy. It sets out what Gus can’t be used for, including spam, scams and sharing certain sensitive information.

3.8 Availability and support. We aim to keep Gus running 24/7, but we can’t promise it will never be down or have errors. We’ll try to do planned maintenance outside Sydney business hours and give notice where we can. Support is available by email at support@higus.ai during Sydney business hours.

3.9 Changes to Gus. We’re always improving Gus, so features will change. If we remove or materially reduce a core feature of your paid plan, we’ll give you at least 30 days’ notice. If you cancel because of it, we’ll refund any unused prepaid fees.

4.1 Your data is yours. Your data means everything you, your crew or your clients put into Gus or that Gus creates for you, including messages, voice notes, calendar entries, client details, quotes, invoices and content. You own your data. We don’t sell it.

4.2 How we use your data. You give us permission to store, copy, process and change your data only as needed to:

• provide, support and secure Gus for you;
• comply with the law; and
• improve Gus using de-identified data, as set out in clause 4.3.

Our Privacy Policy explains this in more detail, including which service providers help us run Gus and where they are.

4.3 Improving Gus. We may use de-identified data (data that has had names, numbers and other identifying details removed so it can’t reasonably identify anyone) to improve Gus. You can request an opt-out by emailing support@higus.ai, and we’ll stop using your data for this from then on. We never use data from your Google account (such as your calendar) to train or improve AI models.

4.4 Your clients’ information. When Gus handles personal information about your clients, we do so on your behalf to provide Gus to you. We’ll only use it for that purpose, keep it secure, and help you respond if one of your clients asks to see or correct their information.

4.5 Exporting your data. You can export your data from the dashboard at any time. If you need something the export tools don’t cover, email us and we’ll help where we reasonably can.

4.6 What happens to your data when you leave. If you close your paid plan and stop using Gus, we keep your data for 180 days in case you come back. After that, we delete it or permanently de-identify it. If you request deletion of your account (clause 6.4), we start deleting your data straight away and finish within 30 days, except for copies in backups, which are deleted on our normal backup cycle. Either way, we keep billing and tax records for as long as the law requires.

5.1 Gus belongs to us. We (and our licensors) own Gus, including the software, AI prompts and workflows, design, brand and documentation. We give you a non-exclusive, non-transferable right to use Gus for your business while the Agreement is in place. You must not copy, resell, reverse engineer or build a competing product from Gus.

5.2 What Gus creates for you is yours to use. As between you and us, you own the content Gus creates for your business, such as social posts, quotes and messages, and you can use it however you like. Because of how AI works, Gus may create similar content for other businesses, so we can’t promise your content is unique.

5.3 Feedback. If you give us ideas or feedback, we can use them to improve Gus without owing you anything.

5.4 Your name and logo. We’ll only name you as a Gus customer, or use your logo, if you say we can.

6.1 How long the Agreement lasts. The Agreement starts when you accept these terms and continues until you or we end it.

6.2 When we can suspend Gus. We may suspend all or part of your access if:

• you seriously breach the Acceptable Use Policy, or we reasonably believe your use is causing harm to others, to Gus, or to our WhatsApp access;
• a payment is still overdue after the steps in clause 2.6; or
• the law, a regulator or Meta requires us to.

Where it’s safe and lawful, we’ll tell you first, explain why, and give you a chance to fix it. We’ll restore access once the issue is fixed.

6.3 When we can end the Agreement. We may end the Agreement by notice if:

• you breach it in a serious way and don’t fix the breach within 14 days of us asking you to;
• you breach it in a serious way that can’t be fixed (for example, using Gus for scams); or
• we decide to stop offering Gus. In that case we’ll give you at least 30 days’ notice and refund any unused prepaid fees.

6.4 Deleting your account. You can request account deletion at any time by emailing support@higus.ai from your account email address. This ends the Agreement. Cancel any paid plan first, because deleting your account doesn’t automatically refund the current billing period (but our money-back promise in clause 2.8 still applies).

6.5 What happens when the Agreement ends. Your access stops, clause 4.6 applies to your data, and you must pay any fees owing up to the end date. Clauses that by their nature should continue (such as clauses 4, 5, 7, 8 and 9) keep applying.

7.1 Your rights under the Australian Consumer Law. If you’re a consumer under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (which can include small businesses and sole traders), you have guarantees that can’t be excluded. For example, our services must be provided with due care and skill. Nothing in these terms excludes, restricts or changes those rights. Where the law allows us to limit our liability for a failure to meet a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

7.2 What we don’t promise. Apart from the rights in clause 7.1 and what we expressly say in these terms, Gus is provided as it is, and we don’t make any other promises about it, including that it will be error-free or always available.

7.3 Limit on our liability. To the extent the law allows, our total liability to you for all claims connected with the Agreement or Gus is limited to the greater of:

• the fees you paid us in the 12 months before the event that caused the claim; and
• A$100.

This limit doesn’t apply to liability that the law doesn’t allow us to limit, or to loss caused by our fraud or wilful misconduct.

7.4 Indirect loss. To the extent the law allows, neither of us is liable to the other for lost profits, lost revenue, lost opportunity or loss of goodwill, or any loss that wasn’t reasonably foreseeable, however it arises.

7.5 Things outside our control. We aren’t responsible for loss caused by:

• WhatsApp, Meta, Google, Stripe or any other service you connect, to the extent they caused it;
• information you or your crew gave Gus that was wrong; or
• content or messages you approved or set Gus to send automatically.

7.6 Your responsibility to us. You must cover our reasonable losses, including reasonable legal costs, from any claim by someone else (such as one of your clients or a regulator) to the extent it’s caused by:

• you or your crew breaching the Agreement or the law; or
• messages sent in your name that you or your crew were responsible for under clause 3.3.

What you owe us under this clause is reduced to the extent our own breach or negligence contributed to the loss.

7.7 Mitigation. Each of us must take reasonable steps to reduce any loss we suffer.

Each of us must keep the other’s confidential information confidential and only use it for the Agreement. Your data is your confidential information. This doesn’t apply to information that is already public, or that we must disclose by law, in which case we’ll tell you first if the law allows. We may share confidential information with our advisers and service providers who need it and are bound to keep it confidential.

9.1 Talk to us first. If you have a problem, email support@higus.ai. Most things can be sorted quickly.

9.2 Dispute process. If we can’t resolve a dispute within 20 business days of one of us giving written notice of it, either of us may refer it to mediation in Sydney. If we can’t agree on a mediator, either of us can ask the Resolution Institute to appoint one. We’ll share the mediator’s costs equally. This clause doesn’t stop either of us seeking urgent court orders, or stop you making a complaint to a regulator or using your rights under the Australian Consumer Law.

9.3 Governing law. The Agreement is governed by the laws of New South Wales, Australia. Both of us accept the jurisdiction of the courts of New South Wales and the Commonwealth courts sitting there.

9.4 Notices. We’ll send notices to the email address on your account and may also message you on WhatsApp or show them in your dashboard. You can send notices to support@higus.ai. Emails are received when sent, unless the sender gets an error message.

9.5 Events beyond control. Neither of us is liable for a delay or failure caused by events beyond our reasonable control, such as natural disasters, major internet or telecommunications outages, or outages at Meta or our hosting provider. This doesn’t apply to payment obligations. The affected party must tell the other and do what it reasonably can to keep going. If the event stops Gus working for more than 30 days in a row, either of us can end the Agreement and we’ll refund any unused prepaid fees.

9.6 Transfer. You can’t transfer the Agreement without our written consent. We may transfer the Agreement to a related company or to a business that takes over Gus, as long as we tell you and your rights under these terms aren’t reduced. If you don’t want to continue with the new provider, you can cancel and we’ll refund any unused prepaid fees.

9.7 General.

• The Agreement is the whole agreement between us about Gus.
• We can make the Agreement, give notices and keep records electronically, as allowed by Australian electronic transactions laws.
• If any part of it is unenforceable, that part is removed and the rest still applies.
• A right is only waived if the waiver is in writing.
• Nothing in the Agreement makes either of us the other’s employee, partner or agent, except that Gus acts on your behalf when sending messages for you.

Inova AI Solutions Pty Ltd trading as Gus AI Unit 2, 40 Inkerman Street, Parramatta NSW 2150 support@higus.ai