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Terms of Service

Effective date: 15 April 2026 · Kilkelly Enterprises (ABN 82 862 013 361)

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you and Kilkelly Enterprises (ABN 82 862 013 361), trading as Clearway Apps ("we", "us", or "our"). By accessing or using any Clearway Apps product or service, including our software applications FounderForge AI and Flatmate Flow, and the website design, build, and retainer services we provide to clients, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our services. These Terms apply worldwide to all users and clients regardless of location. Where we provide website build or retainer services under a separate written agreement or quote, the terms of that agreement apply alongside these Terms; in the event of a conflict, the signed agreement or quote takes precedence for matters it addresses.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), to use our services. By using our services you represent and warrant that you meet this requirement, that you have the legal capacity to enter a binding agreement, and that your use of our services does not violate any law applicable to you. If you are using our services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised access or suspected breach. We may refuse service, close accounts, or remove content at our discretion where there is a legitimate reason to do so (such as violation of these Terms, suspected fraud, or legal requirement).

4. Acceptable Use

You may use our services for lawful purposes only. You agree not to:

  • use our services for any illegal, fraudulent, defamatory, harassing, or harmful purpose;
  • violate any applicable law, regulation, sanctions regime, or third-party right (including intellectual-property, privacy, and publicity rights);
  • reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software, except to the extent such restriction is prohibited by applicable law;
  • attempt to gain unauthorised access to our systems, bypass security or rate-limiting controls, or disrupt the integrity or performance of our services;
  • use our services to generate, distribute, or store content that is unlawful, infringing, sexually exploitative of minors, incites violence, promotes self-harm, or is otherwise prohibited by applicable law or the acceptable-use policies of our AI model providers;
  • scrape, crawl, or harvest data from our services using automated means without our written permission;
  • resell, sublicense, or commercially redistribute our services without our written permission;
  • introduce viruses, malware, worms, or other harmful code;
  • impersonate another person or misrepresent your affiliation with any person or entity;
  • use our services in or for the benefit of countries, persons, or entities subject to sanctions administered by the Australian Government (DFAT), the United States (OFAC), the United Kingdom (OFSI), the European Union, or the United Nations Security Council.

We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.

5. Your Content

Content you create using our apps, including business plans, household data, notes, documents, and other materials ("Your Content"), remains yours. We do not claim ownership. By using our services, you grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, display, and transmit Your Content solely to the extent necessary to provide the service to you and those you share it with (for example, other members of your household in Flatmate Flow). This licence ends when you delete Your Content or your account, except for residual copies in backups that purge on their regular cycle.

You are solely responsible for Your Content and for ensuring that it does not infringe any third-party right or violate any law. You warrant that you have all rights necessary to submit Your Content and to grant the licence above.

6. AI-Generated Content, Not Professional Advice

Our services use artificial intelligence (including large language models supplied by third parties) to generate content such as business plans, financial forecasts, market research, and other outputs. This AI-generated content is provided for general informational and planning purposes only. It does not constitute, and must not be relied upon as, professional financial, legal, accounting, tax, investment, medical, or business advice.

AI outputs may contain errors, inaccuracies, fabricated facts ("hallucinations"), or omissions, and do not account for your specific personal or business circumstances. You must independently verify AI-generated content and always seek qualified professional advice, for example from an accountant, financial adviser, lawyer, or tax professional licensed in your jurisdiction, before making any significant financial, legal, or business decision. Clearway Apps accepts no responsibility for any decision made in reliance on AI-generated content.

You are responsible for your use of AI outputs, including checking outputs for accuracy, appropriateness, compliance with applicable law, and infringement of third-party rights.

7. App Subscriptions, Payments, and Refunds

This section applies to paid subscriptions to our software applications (FounderForge AI, Flatmate Flow). Website build and retainer services are covered in Sections 8 to 12 below.

Paid app plans are billed on a recurring basis (monthly or annually) in Australian Dollars (AUD), or in the currency displayed at checkout, unless otherwise stated. Payments are processed securely by Stripe. By providing payment information, you authorise us (via Stripe) to charge the applicable fees, plus any applicable taxes, to your chosen payment method on each renewal date.

You may cancel at any time from your account settings, your access continues until the end of the current paid billing period, after which the subscription will not renew. Except where required by mandatory consumer-protection law, we do not provide refunds for partial billing periods or for unused time. We reserve the right to change pricing with at least 30 days' notice to existing subscribers; changes apply to your next renewal.

You are responsible for any applicable taxes, duties, or levies (including GST or VAT) imposed on your subscription by your jurisdiction unless we are legally required to collect and remit them.

8. Website Design and Build Services

We offer website design and build services to clients. Every engagement is scoped individually by a written quote or agreement ("the Quote") that sets out the scope of work, the fee, and the timeline. There are no fixed packages or tiers; each build is quoted on its own merits. The Quote, together with these Terms, forms the agreement between us for that engagement.

The Quote defines a fixed scope. Items outside that scope, additional pages, custom integrations, bespoke functionality, extended revision rounds, are not included and will be quoted separately before any additional work begins. You are not obligated to accept any additional quote; if you decline, we will complete the originally scoped work.

We aim to deliver within the timeline in the Quote, but timelines depend on you supplying copy, images, and feedback promptly (see Section 11). Delays caused by late or incomplete materials on your side may extend the delivery date on a day-for-day basis.

9. Care Plans (optional)

A care plan is an optional ongoing service that bundles hosting, support, and small updates for a monthly fee (from $150/mo, confirmed in your Quote). A care plan is not required to have a website built, you own the code either way (see Section 10) and may host and maintain the site yourself or through any third party.

What's included (subject to the specific plan agreed in your Quote): hosting of the website, ongoing content edits (text changes, photo swaps, hours and pricing updates), technical support by email, and site health monitoring. Larger plans may include additional items set out in your Quote.

What's not included: structural redesigns, significant new features, new integrations, migrations to new platforms, content strategy, or anything materially outside routine maintenance and minor edits. Out-of-scope work will be quoted separately before being carried out.

Term and cancellation. Care plans are billed monthly and run on a rolling basis with no fixed minimum term unless your Quote states otherwise. Either party may cancel by giving at least thirty (30) days' written notice by email to admin@clearwayapps.com.au. Fees remain payable until the end of the notice period.

Billing. The monthly care-plan fee is billed on the same calendar date each month (or the nearest valid date where the billing date does not exist in a given month), beginning on the date agreed in your Quote. We may change care-plan pricing with at least thirty (30) days' notice; changes apply from your next billing date after the notice period.

Effect of cancellation. When a care plan ends, the hosting, support, and updates we provide under it also end. Because you already own the website files (Section 10), continuing to host and maintain the site after cancellation is your responsibility; we will assist with a reasonable handover of the current files on request.

10. Website Ownership and Build Fees

Every build is a one-off engagement scoped on a per-project basis via written Quote. On delivery and receipt of full payment, the website files (source code, design assets created for the build, and any configuration files produced specifically for you) become yours. You may host, modify, and use them as you wish.

The build fee does not by itself include any ongoing support, hosting, maintenance, updates, or monitoring. Those are provided only if you take an optional care plan (Section 9) or separately engage us, for example under an hourly support arrangement, in which case that engagement has its own terms and pricing.

Third-party software, fonts, images, and services used in the build remain subject to their own licences. We will identify any such items on delivery so you know what licences apply after handover.

11. Client Responsibilities and Revision Rounds

For website build engagements, you agree to:

  • supply the copy (text) for each page, or clearly authorise us to use AI or stock copy as a starting draft;
  • supply images, logos, brand assets, and any third-party content you want used on the site, and warrant that you have the right to use them;
  • provide feedback within the timeframes indicated in the Quote (typically within five business days of each review round) so we can keep to timeline;
  • nominate a single decision-maker on your side to consolidate feedback; and
  • pay invoices on time under Section 9 or the Quote.

Revision rounds are limited to the number included in your Quote. Additional revisions beyond that number are quoted separately at an hourly or fixed rate, agreed before being carried out. Minor tweaks (typo fixes, small content edits) are not counted as revision rounds and are included in normal delivery.

If you do not respond to requests for feedback or materials for more than thirty (30) days without prior arrangement, we may pause the engagement. Work resumes when you provide the outstanding materials; we may adjust the timeline and, for extended pauses, require a re-scoping conversation before continuing.

12. Consumer Guarantees

Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies those guarantees. Where our liability for breach of a non-excludable guarantee may be limited, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

European Union / United Kingdom: If you are a consumer resident in the EU or UK, you have non-waivable rights under the law of your country (including the EU Consumer Rights Directive and equivalent UK law). Nothing in these Terms limits those rights.

New Zealand: If you are a consumer, the Consumer Guarantees Act 1993 (NZ) applies and is not excluded.

Other jurisdictions: If mandatory consumer law in your country provides rights greater than those in these Terms, those rights are not affected by these Terms.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our services are provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that AI-generated content will be accurate, complete, current, or fit for any particular purpose.

This Section 13 does not exclude, restrict, or modify any non-excludable consumer guarantee or warranty under applicable law (see Section 12).

14. Limitation of Liability

To the maximum extent permitted by applicable law, Kilkelly Enterprises and its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of our services, including loss of profits, loss of revenue, loss of goodwill, loss of data, or business interruption, even if advised of the possibility of such damages, and regardless of the legal theory (contract, tort, statute, or otherwise).

Our total aggregate liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the greater of (a) the total amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) AUD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages (including non-excludable consumer guarantees in Australia, New Zealand, the EU, and the UK). In those jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

15. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Kilkelly Enterprises and its owners, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from: (a) your use of our services; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or third-party right.

16. Intellectual Property

All intellectual-property rights in our software, app services, design systems, user interfaces, trademarks, logos, documentation, and generic content we create remain the exclusive property of Kilkelly Enterprises or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our app services for your own personal or internal business purposes, subject to these Terms. Nothing in these Terms transfers those intellectual-property rights to you.

Website builds. For website design and build engagements, ownership of the delivered website files (source code, design assets created for the build, and configuration produced specifically for you) transfers to you on full payment under your Quote (Section 10), whether or not you take a care plan. Our underlying tooling, reusable code libraries, template framework, and any third-party assets remain the property of their respective owners and are not transferred.

If you send us feedback, suggestions, or ideas about our services, you grant us a perpetual, worldwide, royalty-free, irrevocable licence to use and incorporate them without obligation to you.

17. Third-Party Services

Our apps and websites we build and host integrate with third-party services (which may include Stripe, Google OAuth, Supabase, Base44, Anthropic, OpenAI, Vercel, Cloudflare, Formspree, and others). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third-party services.

18. Suspension and Termination

For app accounts, we may suspend or terminate your access at any time, with or without notice, for breach of these Terms, non-payment, fraud, a legal requirement, or where continuing to provide the service to you would expose us to liability. You may terminate your account at any time from within the app settings or by emailing us.

For website build engagements, termination is governed by the Quote and Section 9 above. We may pause or terminate a build engagement for non-payment or material breach of these Terms; in that case, you remain responsible for fees accrued up to termination.

Upon termination, your right to use the service ceases immediately. Sections that by their nature should survive termination (including Sections 5, 6, 10, 13, 14, 15, 16, 19, 20, 21, and 22) will survive.

19. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms here with a new effective date and, where practicable, by email or in-app notice at least 14 days before they take effect (except where earlier changes are required for legal or security reasons). Continued use of our services after changes take effect constitutes acceptance. If you do not agree to the updated Terms, you must stop using the services.

20. Governing Law and Disputes

These Terms are governed by the laws of Western Australia, Australia, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at admin@clearwayapps.com.au and giving us at least 30 days to respond.

Jurisdiction. If the dispute is not resolved informally, you and we agree that any claim shall be brought in the courts of Western Australia, Australia, which shall have exclusive jurisdiction, except where mandatory law in your country of residence (including consumer-protection law in the EU, UK, New Zealand, or elsewhere) gives you the right to bring a claim in your local courts or under your local law, in which case those rights are preserved.

Class-action waiver (where permitted). To the maximum extent permitted by applicable law, you and we agree that any dispute shall be brought in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. This clause does not apply where prohibited by mandatory law in your jurisdiction.

21. Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, labour disputes, power or internet outages, or failures of third-party providers. This clause does not apply to your payment obligations.

22. General

  • Entire agreement. These Terms, together with our Privacy Policy and any in-app notices we give you, constitute the entire agreement between you and us regarding our services and supersede all prior agreements.
  • Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent needed to make it enforceable while preserving its intent.
  • No waiver. Our failure to enforce any right is not a waiver of that right.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
  • Notices. We may give you notices via email, in-app, or by posting on our website. You may give us notice at admin@clearwayapps.com.au.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
  • Language. These Terms are prepared in English. Any translation is provided for convenience only; the English version controls in the event of a conflict.

23. Contact

Kilkelly Enterprises
Trading as Clearway Apps
Perth, Western Australia, Australia
Email: admin@clearwayapps.com.au