1. Agreement to these terms
These Terms of Service (the “Terms”) form a legally-binding agreement between you and the operator of Fairgo (“we”, “us”, “our”). By accessing or using Fairgo at fair-go.app or any sub-domain, whether as a registered user or as an unauthenticated guest, you agree to be bound by these Terms. If you do not agree, do not use the Service.
We may modify these Terms by posting a revised version. Material changes will be brought to your attention via a notice on the site or by email. Your continued use of the Service after any modification constitutes acceptance of the modified Terms.
2. The Service
Fairgo (the “Service”) is an online tool that uses an AI model to (a) analyse a free-text description of a consumer dispute against the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and (b) generate a draft demand letter you may send to the business concerned. The Service is offered free of charge.
3. Not legal advice. Not a law firm.
This is the most important clause in these Terms. Read it.
Nothing produced by the Service constitutes legal advice. We are not a law firm. We are not a legal practitioner under the Legal Profession Uniform Law or any equivalent jurisdiction-specific legislation. No lawyer-client relationship is created between you and us by your use of the Service or by anything generated through it.
The legal analysis and the draft letter are produced by an AI system. AI systems can make mistakes — they can mis-cite a provision, misread your facts, miscount a deadline, or produce text that reads convincingly but is wrong on the law. Before you send any letter generated through the Service, you should:
- Read it in full.
- Verify that the facts it states are true.
- Consider whether the legal grounds it cites are correct for your situation.
- Where the situation is significant or complex, consult a qualified solicitor or your state's consumer protection agency. See the State agencies page for contact details.
You are the author of any letter you send. You sign it. You choose whom to send it to and on what timing. Responsibility for the content of the sent letter rests with you.
4. Eligibility
You may use the Service only if you are at least 18 years old and legally able to enter into a binding contract. The Service is intended for Australian consumers and the legal framework it cites is Australian. We do not warrant that the Service is appropriate for use outside Australia, and you use it from any other jurisdiction at your own risk.
5. Accounts
You may use the early steps of the Service as a guest. To generate the demand letter and to save and track matters over time, you must register for an account.
You are responsible for the credentials you use to access your account, and for all activity that occurs under your account. You agree to provide accurate registration information and to keep your password confidential. Notify us promptly if you suspect unauthorised access to your account.
We may suspend or terminate any account that we reasonably believe is being used in breach of these Terms.
6. Your content
Information you input into the Service — your situation description, business details, evidence summary, personal contact details, the eventual letter you generate, and any status notes — is your “User Content”. As between you and us, you retain all ownership of your User Content.
You grant us a worldwide, royalty-free, non-exclusive licence to process, store, transmit, and display your User Content for the sole purpose of operating, maintaining, securing, and improving the Service for you. This licence ends when you delete the relevant User Content (subject to any back-up retention period described in our Privacy Policy).
We do not use your User Content to train AI models. We do not sell your User Content. We do not share it with anyone other than the third-party processors that operate components of the Service for us (see the Privacy Policy for the list).
7. Acceptable use
You will not, and you will not permit any other person to:
- Use the Service for any unlawful purpose, or to attempt to coerce, threaten, harass, defame, or defraud any other person.
- Submit information that is materially false, including made-up facts about a business or invented dispute amounts.
- Submit anyone else's personal information without their consent.
- Use the Service to generate letters at scale on behalf of unrelated third parties (the Service is for the use of consumers in their own disputes).
- Reverse-engineer, decompile, scrape, or attempt to extract the underlying source code of the Service.
- Probe, scan, or test the vulnerability of the Service or its infrastructure, except under a coordinated security-research arrangement with us.
- Bypass or attempt to bypass our rate limits, authentication mechanisms, or any other access controls.
- Use the Service to send unsolicited bulk communications.
- Impersonate any other person, or create accounts using fake or misleading identities.
- Upload malware, spam, or content that infringes a third party's intellectual-property rights.
We may suspend or terminate your access if we reasonably believe you are breaching this clause, immediately and without notice where necessary to protect the Service or other users.
8. AI-generated output — your responsibilities
Output produced by the Service (including the legal analysis at Step 3 and the demand letter at Step 9) is generated by an AI model based on the information you provide. You are solely responsible for:
- Reviewing the output for accuracy before relying on it or sending it.
- Choosing whether, when, and to whom to send the letter, and the consequences of sending it.
- Ensuring that any factual statements in the letter are true. Where the AI has invented or misstated a fact, you must correct it before sending.
- Following the law that applies to your communication with the recipient (including, for example, defamation law, the unfair contract terms regime if you are a small business, and any confidentiality or non-disparagement clauses you may already be subject to).
You acknowledge that AI systems can “hallucinate” (produce confident-looking output that is not grounded in the underlying law). You agree that your decision to use, send, or rely on AI-generated output is yours alone.
9. Intellectual property
The Service's software, design, brand assets, copy, prompts, data structures, and other materials are owned by us or our licensors and are protected by copyright, trademark, and other intellectual-property laws. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Service for the purpose of generating demand letters in your own consumer matters.
You may use the demand letter the Service generates for you, including reproducing, adapting, sending, and filing it as needed. We claim no ownership over the letter content as it relates to your matter. You may not use the Service's output as a template to operate a competing service.
10. Third-party services and links
The Service may include links to third-party websites or information about third-party agencies (for example, the State agencies page). We do not endorse and are not responsible for third-party sites or the information they provide. Your dealings with any third party are between you and that third party.
11. Disclaimer of warranties
Subject to clause 13 below, the Service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and uninterrupted or error-free operation.
Without limiting the above, we do not warrant that the Service will (a) correctly identify every applicable provision of the ACL, (b) produce a letter that is in every respect legally sufficient for your purpose, (c) be free of bugs, vulnerabilities, or downtime, or (d) be suitable for any particular dispute.
12. Limitation of liability
Subject to clause 13 below, to the maximum extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, data, or use, arising out of or in connection with your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.
- Our aggregate liability to you arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), under statute, or on any other basis, is capped at the greater of (a) the total amount you have paid to us in the twelve months immediately preceding the event giving rise to the claim or (b) AUD $100. Because the Service is offered free of charge, you acknowledge that the cap will ordinarily be AUD $100.
These limitations apply regardless of the form of action.
13. Australian Consumer Law — non-excludable rights
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other Australian law that cannot lawfully be excluded.
Where a consumer guarantee applies and we are entitled to limit our liability for breach of that guarantee, our liability is limited (at our election) to the supply of the relevant services again or to the cost of supplying those services again.
14. Indemnity
You agree to indemnify, defend, and hold harmless us, our officers, employees, contractors, and processors, from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising from or related to:
- your breach of these Terms;
- your use of the Service in breach of any law;
- any letter you send that is generated through the Service;
- any claim by a third party (including the recipient of a letter) that the contents of a letter you sent were inaccurate, defamatory, threatening, or otherwise unlawful;
- your User Content infringing or misappropriating any third-party right.
We will give you reasonable notice of any claim to which this indemnity applies and will reasonably cooperate with your defence. You may not settle any claim affecting our rights without our prior written consent.
15. Termination
You may stop using the Service at any time. You may delete your account from the account settings or by writing to us via the contact form.
We may suspend or terminate your access to the Service or your account at any time, with or without notice, if we reasonably believe you have breached these Terms, if continuing to provide the Service to you would expose us to legal or commercial risk, or if we cease to operate the Service.
Clauses that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, and governing-law clauses) will survive.
16. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the federal laws of the Commonwealth of Australia applicable in New South Wales. You submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts sitting in Sydney for any dispute arising out of or in connection with these Terms.
17. General
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a sale of all or substantially all of our business.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, government action, network or infrastructure outages, third-party processor failures, or cyber-attacks.
Notices. Notices to us must be sent via the contact form. Notices to you may be given by email to the address associated with your account, or by a notice posted on the Service.
18. Contact
Questions about these Terms? Write to us via the contact form.
These Terms are written in plain English where possible. Where plain English and a defined term in these Terms conflict, the defined term controls. Where these Terms and Australian law conflict, the law controls.