Terms of Service — tiny but Mighty

These Terms of Service ("Terms") govern your access to and use of Tiny but Mighty Marketing Club, a software-as-a-service platform ("Platform") owned and operated by Integrity AI Pty Ltd (ABN 71 682 960 970) ("we", "us", "our").

The Platform enables users to create and publish social media content using artificial intelligence powered by the Anthropic Claude API, with integrations for Meta (Facebook/Instagram), TikTok, and LinkedIn.

By registering for an account or using the Platform, you agree to be bound by these Terms, together with our Privacy Policy and Data Deletion Policy. If you do not agree, you must not use the Platform.

1. Definitions

In these Terms:

Account means the account you create to access and use the Platform;
AI Features means the content generation functionality powered by the Anthropic Claude API;
Anthropic means Anthropic PBC, the provider of the Claude API used to power the AI Features;
Content means any text, images, captions, hashtags, or other material generated through or submitted to the Platform;
Connected Accounts means your Meta, TikTok, and/or LinkedIn accounts that you authorise the Platform to access;
Customer means the individual or entity that registers for and uses the Platform, also referred to as "you" or "your";
Fees means the subscription fees payable for access to the Platform as set out in clause 7;
Intellectual Property Rights means all copyright, trade marks, patents, designs, trade secrets, and other intellectual property rights, whether registered or unregistered;
Platform means the Tiny but Mighty Marketing Club SaaS application, including all features, tools, and integrations;
Subscription Plan means the tier of access you select when registering for the Platform;
Third-Party Platforms means Meta (Facebook/Instagram), TikTok, and LinkedIn, and their respective APIs and developer terms;
User Content means any content, data, or materials you upload, submit, or input into the Platform, including prompts and content briefs.

2. Account registration

To use the Platform, you must register for an Account by providing accurate, current, and complete information.

You must be at least 18 years of age to register for an Account. By registering, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are registering on behalf of a business or organisation, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" in these Terms include that entity.

You are responsible for:

maintaining the confidentiality of your Account credentials;
all activity that occurs under your Account; and
notifying us immediately at hello@tbmmc.com.au if you become aware of any unauthorised use of your Account.

We reserve the right to suspend or terminate your Account if any information you provide is inaccurate, misleading, or incomplete.

3. Licence to use the Platform

Subject to your compliance with these Terms and payment of the applicable Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during the subscription term for your internal business purposes.

You must not:

sublicence, resell, transfer, or otherwise make the Platform available to any third party without our prior written consent;
copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform;
use the Platform to develop a competing product or service;
use the Platform in any way that violates applicable laws or regulations, including the Australian Consumer Law, the Privacy Act 1988 (Cth), or the terms of any Third-Party Platform;
use the Platform to generate, publish, or distribute content that is unlawful, defamatory, harassing, obscene, fraudulent, or infringes the Intellectual Property Rights of any third party;
use automated scripts, bots, or other tools to access the Platform in a manner that exceeds normal usage or places unreasonable load on our infrastructure;
attempt to gain unauthorised access to any part of the Platform or its related systems.

4. AI features and content generation

The Platform uses the Anthropic Claude API to generate social media content based on your inputs. By using the AI Features, you acknowledge and agree that:

AI-generated content is produced by an automated system and may not always be accurate, appropriate, or suitable for your purposes;
you are solely responsible for reviewing, editing, and approving all AI-generated content before publishing it to any Connected Account;
we do not guarantee that AI-generated content will be free from errors, inaccuracies, bias, or third-party intellectual property infringement;
your use of the AI Features is also subject to Anthropic's usage policies, which are incorporated by reference to the extent applicable.

You must not submit the following types of information as inputs to the AI Features:

sensitive personal information as defined under the Privacy Act 1988 (Cth), including health information, financial account details, or government identifiers;
confidential information belonging to third parties without their consent;
content that is designed to generate misleading, deceptive, or harmful outputs.

We reserve the right to suspend access to the AI Features if we reasonably believe your use violates these Terms or Anthropic's usage policies.

5. Third-party platform integrations

The Platform may integrate with Meta (including Facebook and Instagram), TikTok and LinkedIn (each a Third-Party Platform) to enable content publishing and related functionality. Each Third-Party Platform is independent of us and may change, suspend or discontinue its services, APIs, developer tools, policies or terms at any time.

The Platform is not affiliated with, endorsed by, sponsored by, or approved by Meta, Facebook, Instagram, TikTok or LinkedIn, unless we expressly state otherwise in writing.

By connecting an account on a Third-Party Platform (a Connected Account), you:

authorise us to access, store, process and use information obtained through that Connected Account only to the extent reasonably necessary to provide the Platform and its publishing, account-management and integration features;
represent and warrant that you have all rights, permissions and authority necessary to connect the Connected Account and authorise that access;
must comply with all applicable laws and all terms, policies, community standards, developer terms, advertising policies, data-use restrictions and content policies of the relevant Third-Party Platform;
must not use the Platform or any Connected Account to generate, publish, distribute or promote content that breaches the terms, policies or content standards of a Third-Party Platform; and
must not sell, licence, rent, disclose, transfer, scrape, aggregate, exploit or otherwise use Platform Data except as permitted by the applicable Third-Party Platform terms and as necessary to use the Platform for its intended purpose.

In this clause, "Platform Data" means data, content, account information, analytics, insights, identifiers, tokens or other information obtained from or relating to a Connected Account or a Third-Party Platform through the Platform. You must promptly notify us if you become aware of any actual or suspected unauthorised access to, misuse of, or breach of the applicable terms relating to a Connected Account or Platform Data.

We may suspend, limit or terminate your access to a Connected Account, the relevant integration, or the Platform where:

a Third-Party Platform directs, requests or reasonably requires us to do so;
we reasonably believe this is necessary to comply with the applicable Third-Party Platform terms, policies or applicable law; or
our use of the Connected Account or Platform Data breaches these Terms or poses a material risk to us, the relevant Third-Party Platform, other users or third parties.

We are not responsible for:

the availability, functionality, security, policies, moderation decisions, enforcement actions or terms of any Third-Party Platform;
any change to a Third-Party Platform API, policy or terms that affects the Platform or a Connected Account; or
any suspension, restriction, removal of content or closure of a Connected Account by a Third-Party Platform.

If a Third-Party Platform changes its API, terms or policies in a way that affects our ability to provide an integration feature, we will use reasonable endeavours to restore the affected functionality. If restoration is not reasonably practicable, clause 7.6 applies where the change materially reduces the functionality of your Subscription Plan.

6. Fees and payment

Access to the Platform is provided on a subscription basis. The applicable Fees for each Subscription Plan are set out on our website at tbmmc.com.au/pricing and may be updated from time to time in accordance with clause 6.4.

Fees are payable in advance on the billing cycle applicable to your Subscription Plan (monthly or annually).

All Fees are quoted in Australian dollars and are inclusive of GST unless otherwise stated.

We may change the Fees for a Subscription Plan by giving you at least 30 days' written notice. If you do not agree to the new Fees, you may cancel your subscription before the new Fees take effect, and the change will not apply to you during the remainder of your current paid billing period.

Fees paid are non-refundable except:

where a refund is required by the Australian Consumer Law;
where we terminate your subscription for a reason other than your breach of these Terms, non-payment, fraud, unlawful conduct or misuse of the Platform; or
where we permanently discontinue, or materially reduce, the core functionality included in your Subscription Plan and do not provide a reasonably comparable replacement feature or service.

Where the second or third exception above applies, we will provide a pro-rata refund of prepaid Fees for the unused portion of the affected billing period, unless you elect to continue using a reasonably comparable replacement feature or service.

7. Free trials and promotional offers

We may offer free trials or promotional access to the Platform from time to time. The specific terms of any free trial or promotional offer will be communicated to you at the time of the offer.

At the end of a free trial period, your account will automatically convert to a paid Subscription Plan unless you cancel before the trial ends. We will notify you 3 days before the trial expires.

We reserve the right to modify or withdraw free trial offers at any time without notice.

8. Intellectual property

Our Intellectual Property. We own or licence all Intellectual Property Rights in the Platform, including its software, design, features, and underlying technology. Nothing in these Terms transfers any of our Intellectual Property Rights to you.

Your User Content. You retain ownership of all Intellectual Property Rights in your User Content. By submitting User Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, process, and transmit your User Content solely to the extent necessary to provide the Platform and its features.

AI-generated content. As between you and us, you own the AI-generated content produced through your use of the AI Features, subject to:

any rights retained by Anthropic under its API usage policies;
any third-party Intellectual Property Rights that may subsist in the generated content; and
your compliance with these Terms.

We make no representation or warranty that AI-generated content will be free from third-party Intellectual Property Rights claims. You are solely responsible for ensuring that content you publish does not infringe the rights of any third party.

Feedback. If you provide us with feedback, suggestions, or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you.

9. User content and acceptable use

You are solely responsible for all User Content you submit to the Platform and all content you publish through your Connected Accounts.

You represent and warrant that:

you own or have the necessary rights and licences to submit your User Content;
your User Content does not infringe the Intellectual Property Rights, privacy rights, or other rights of any third party;
your User Content and any content you publish through the Platform complies with all applicable laws and the terms of each Third-Party Platform.

We do not pre-screen User Content but reserve the right to remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

10. Privacy and data

We collect, hold, use, disclose, retain and delete personal information and Platform Data in accordance with our Privacy Policy and Data Deletion Policy, each as updated from time to time and available on our website. The Privacy Policy and Data Deletion Policy are incorporated into these Terms.

By using the Platform, you consent to the collection, use, disclosure, retention and deletion of your information as described in our Privacy Policy and Data Deletion Policy.

Your use of the Platform may involve the transfer of data to third parties, including Anthropic, Meta, TikTok and LinkedIn. Each third party processes information in accordance with its own applicable terms and privacy practices.

Subject to any legal retention requirement, legitimate need to establish, exercise or defend legal claims, or a longer period required by an applicable Third-Party Platform, we will delete or de-identify Platform Data and personal information associated with a Connected Account within 30 days after:

you request deletion of the relevant Connected Account data;
you disconnect the relevant Connected Account;
your Account is closed; or
we are directed by the relevant Third-Party Platform to delete the data.

On termination of your subscription, we will provide you with a 30-day window to export your data before it is deleted in accordance with this clause, our Privacy Policy and our Data Deletion Policy.

11. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Platform that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

These confidentiality obligations do not apply to information that:

is or becomes publicly available through no fault of the receiving party;
was already known to the receiving party at the time of disclosure;
is independently developed by the receiving party without reference to the confidential information; or
is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party where permitted.

12. Warranties and disclaimers

We warrant that we will provide the Platform with reasonable care and skill.

To the maximum extent permitted by law, we make no other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Without limiting the above, we do not warrant that:

the Platform will be uninterrupted, error-free, or free from viruses or other harmful components;
AI-generated content will be accurate, complete, appropriate, or suitable for your purposes;
the Platform will meet your specific requirements;
any Third-Party Platform integration will remain available or functional.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

13. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Platform, whether in contract, tort, statute or otherwise, is limited to the total Fees paid by you in the 12 months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or punitive loss or damage, including any loss of profits, revenue, business, goodwill, reputation, anticipated savings, opportunity, data or corruption of data, whether or not the party has been advised of the possibility of that loss or damage.

These limitations apply regardless of the form of action and whether the claim arises in contract, tort (including negligence), statute or otherwise.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability under the Australian Consumer Law.

14. Indemnity

Subject to clause 14.4 below, you indemnify us and our officers, directors, employees and agents against any direct claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising from:

your use of the Platform in breach of these Terms;
your User Content or content published through your Connected Accounts;
your breach of any applicable Third-Party Platform terms, policies or requirements;
your infringement of a third party's Intellectual Property Rights, privacy rights or other rights; or
your breach of applicable law.

We will not seek indemnification from you to the extent that a claim arises from our negligence, wilful misconduct or breach of these Terms.

We will give you prompt written notice of a claim for which we seek indemnification, allow you to assume control of the defence of that claim at your cost, and provide reasonable cooperation. We may participate in the defence at our own cost with counsel of our choosing.

To the maximum extent permitted by law: your total aggregate liability under this clause is limited to the total Fees paid or payable by you in the 12 months immediately preceding the event giving rise to the claim, and you are not liable under this clause for indirect, incidental, special, consequential or punitive loss or damage.

Nothing in this clause limits your liability for fraud, wilful misconduct, or liability that cannot lawfully be limited or excluded.

15. Suspension and termination

Termination by you. You may cancel your subscription at any time through your Account settings or by contacting us at hello@tbmmc.com.au. Cancellation takes effect at the end of the current billing period. No refund is provided for the unused portion of a billing period unless required by the Australian Consumer Law.

We may suspend or terminate your access to the Platform immediately, and without prior notice, only where:

you fail to pay Fees when due;
you commit a breach of these Terms that is not capable of remedy;
we are required to do so by law, a court, regulator or a Third-Party Platform;
we reasonably believe your use of the Platform poses an immediate and material risk to us, the Platform, other users, a Third-Party Platform or any third party; or
you engage in fraud, unlawful conduct or a material security breach.

If you breach a material term of these Terms and the breach is capable of remedy, we may suspend or terminate your access only if you fail to remedy that breach within 7 days after receiving written notice from us describing the breach and the action required to remedy it.

Where reasonably practicable in the circumstances, we will give you notice of a suspension and an opportunity to remedy the relevant issue before suspension occurs.

On termination of your subscription:

your licence to use the Platform ceases immediately;
you must cease all use of the Platform;
we will retain your data for 30 days after termination, during which you may export your data in accordance with clause 10, after which it will be deleted or de-identified in accordance with our Privacy Policy and Data Deletion Policy; and
clauses that by their nature survive termination, including clauses 8, 11, 13, 14 and 16, continue in full force.

16. Dispute resolution

If a dispute arises between the parties in connection with these Terms or the Platform, the parties agree to attempt to resolve the dispute by good faith negotiation before commencing any formal proceedings.

Either party may initiate the dispute resolution process by giving written notice to the other party describing the dispute in reasonable detail. The parties will then have 20 business days (or such longer period as agreed) to resolve the dispute by negotiation.

If the dispute is not resolved within that period, either party may refer the dispute to mediation administered by the Resolution Institute or a mediator agreed between the parties.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

17. Changes to the Platform and these Terms

We may modify, update, or discontinue any feature or aspect of the Platform at any time. We will use reasonable endeavours to provide at least 14 days' advance notice of material changes to the Platform's core features.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and by email at least 14 days before the changes take effect. The "Last updated" date at the top of these Terms will reflect the date of the most recent revision.

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription before the effective date of the changes.

18. General

Governing law: These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
Entire agreement: These Terms, together with our Privacy Policy and any Subscription Plan details, constitute the entire agreement between the parties with respect to the Platform and supersede all prior agreements, representations, and understandings.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
Waiver: A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a related body corporate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Force majeure: Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including natural disasters, acts of government, internet outages, or Third-Party Platform outages.
Notices: Notices under these Terms must be in writing and sent to the addresses set out in the parties' Account details or as otherwise notified. Notices sent by email are effective on the next business day after sending.
Relationship of parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

19. Contact us

For all enquiries relating to these Terms, please contact:

Integrity AI Pty Ltd (ABN 71 682 960 970)
PO Box 5369, West End, QLD 4101, Australia
Email: hello@tbmmc.com.au
Website: integrityai.com.au

These Terms of Service are governed by the laws of Queensland, Australia.

By creating an Account and using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

Australian owned and made. Sydney, Australia.