Terms of Service

These Terms of Service ("Terms") govern your access to and use of Frostbyte ("Service"), operated by Sky Enterprises Australia ("we", "us", "our"). By using the Service, you agree to be bound by these Terms.

1. Definitions

2. Acceptance of Terms

By creating an Account, accessing the Service, or otherwise using Frostbyte, you agree to these Terms in full. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

Continued use of the Service after any changes to these Terms constitutes acceptance of the updated Terms.

If you do not agree to these Terms, you must not use the Service.

Age: You must be at least 18 years of age to use the Service. By creating an Account, accessing the Service, or otherwise using Frostbyte, you confirm that you are at least 18 years old.

3. Accounts and Responsibilities

• You must provide accurate and complete information when creating an Account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.
• You must notify us immediately at [email protected] if you suspect unauthorised access to your Account.
• You may not share your credentials with others or create Accounts on behalf of third parties without their explicit authorisation.
• We reserve the right to suspend or terminate Accounts that violate these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Upload or share Content that is illegal, defamatory, harassing, threatening, or infringes the intellectual property rights of any third party.
• Attempt to gain unauthorised access to any part of the Service, its servers, or any connected systems.
• Use automated tools (bots, scrapers, crawlers) to access the Service without our prior written permission, other than through the API, MCP server, and agent connections we provide.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Introduce malware, viruses, or any malicious code into the Service.
• Use the Service to send unsolicited communications (spam).
• Circumvent any access controls, security measures, or usage limits.
• Resell or sublicense access to the Service without our written consent.

Public Content and Feedback Portals: You are solely responsible for your Public Content and its suitability for public viewing. If you run a Feedback Portal, you are also responsible for what you do with the information people submit to it, including giving them any notice the law requires. We do not pre-screen Public Content but reserve the right to remove any Content that violates these Terms.

Violations may result in suspension, termination of your Account, or referral to appropriate legal authorities.

5. Payments, Subscriptions, and Refunds

Plans: Frostbyte offers a free plan and monthly and annual Subscription plans. Certain features and higher limits require a paid Subscription. Current plans, limits, and pricing are as described on our pricing page at the time of purchase. If you agree a separate written contract with us, such as for a Business plan, that contract prevails where it conflicts with these Terms.

Billing: Subscriptions are billed on a recurring basis (monthly or annually, as selected). By subscribing, you authorise us to charge your nominated payment method via our payment processor, Stripe, at the start of each billing period.

Free trials: Where a paid plan includes a free trial, the trial length is shown at checkout and a payment method is required. Your Subscription starts and you are charged when the trial ends, unless you cancel before then.

Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

Cancellation: You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date, then your Account moves to the free plan and its limits.

Refunds: We do not offer refunds for partial billing periods. However, 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 (ACL) or any other law that cannot be lawfully excluded or limited. If you are a consumer under the ACL and the Service fails to meet a consumer guarantee, you may be entitled to a remedy under the ACL.

Price Changes: We will provide at least 30 days' notice before changing Subscription pricing. Continued use of the Service after the effective date of a price change constitutes acceptance.

Data on Cancellation: Cancelling a Subscription does not automatically delete your Account or Content. If you delete your Account, your account data and the Projects you own are permanently deleted and cannot be recovered. You are responsible for exporting any data you wish to keep before deleting your Account.

6. AI Features and Connected Agents

AI output: AI Features can produce inaccurate or incomplete output. You are responsible for reviewing output and changes before relying on them. As between you and us, you may use the output you generate, subject to these Terms.

AI credits: AI Features use the credits included with your plan. Credits have no cash value, and unused credits do not roll over.

Third-party AI: AI Features are powered by third-party model providers. See our Privacy Policy for what is shared with them.

Connected agents: If you connect an agent or app through the API or MCP server, you are responsible for what it does with your Account, including any changes or deletions it makes. Third-party tools are governed by their own terms, and we are not responsible for them. You can revoke a connection at any time in your account settings.

7. Intellectual Property

Our IP: The Service, including its software, design, trademarks, logos, and all content we create, is owned by Sky Enterprises Australia or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our IP without our written consent.

Your Content: You retain ownership of all Content you submit to the Service. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, display, and otherwise use your Content solely to the extent necessary to provide and operate the Service. This licence extends to the third-party providers we use to store, deliver, and process Content on our behalf, including Amazon Web Services for file storage, MongoDB Atlas for data storage, Heroku for hosting, and Anthropic for AI Features, and only to the extent necessary for those providers to perform that function. See our Privacy Policy for details.

Feedback: If you provide feedback, suggestions, or ideas about the Service, we may use them without restriction or compensation to you.

8. Termination Rights

By you: You may close your Account at any time from your account settings or by contacting us at [email protected].

By us: We may suspend or terminate your Account immediately, without notice, if you:

• Breach any provision of these Terms
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay applicable fees

We may also discontinue the Service or any part of it at any time with reasonable notice.

Effect of termination: On termination, your right to access the Service ceases immediately. If your Account is deleted, your account data and the Projects you own are permanently deleted from our live systems and cannot be recovered. Our Privacy Policy explains what we keep, including Content you added to other people's Projects, deletion records, and backups. You remain liable for any amounts owed prior to termination.

Surviving provisions: Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law) survive termination.

9. Disclaimers of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Any defects will be corrected
• The Service or its servers are free of viruses or harmful components
• The Service will meet your specific requirements

Third-party providers: The Service relies on third-party infrastructure and service providers, including Amazon Web Services for file storage, Heroku for hosting, MongoDB Atlas for data storage, Stripe for payment processing, and Anthropic for AI Features. Their availability and performance are outside our control, and we do not warrant that these providers will be uninterrupted or error-free.

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 ACL or any other applicable law that cannot be lawfully excluded.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising out of or relating to these Terms or the Service is limited to the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater.
• We are not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, data, goodwill, or business opportunity, even if advised of the possibility of such damages.

These limitations apply regardless of the legal theory under which the claim is brought.

Exceptions: Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited under applicable law, including the ACL.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sky Enterprises Australia and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms
• Your Content, including any claim that it infringes a third party's rights
• Your use of the Service in violation of any law or regulation
• Any activity under your Account

12. Changes to Terms

We reserve the right to update these Terms at any time. When we do, we will:

• Post the updated Terms on our website with a new "Last Updated" date
• Notify you via email or an in-app notice for material changes

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service and close your Account.

13. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of South Australia, Australia, without regard to its conflict of law provisions.

Resolution process:

1. Good faith negotiation — Contact us at [email protected]. We will attempt to resolve any dispute within 30 days.
2. Mediation — If negotiation fails, the parties agree to attempt mediation before initiating litigation.
3. Litigation — Any unresolved disputes will be subject to the exclusive jurisdiction of the courts of South Australia.

15. Contact and Complaints

For legal notices, questions about these Terms, or general complaints:

Sky Enterprises Australia
Email: [email protected]

We aim to respond to all enquiries within 5 business days.