Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, “Customer”) and Plinth (“we”, “us”, “our”) governing your access to and use of the Plinth platform, including our website at plinth.au, our customer portal, our API, and all associated services (collectively, the “Platform”).

By creating an account, accessing the Platform, or clicking “I agree” (or similar), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not access or use the Platform.

Plinth is an AI-powered managed web development platform. We use artificial intelligence to generate bespoke, production-grade websites for small businesses. Our service includes:

• AI-assisted website generation based on information you provide about your business;
• Operator review of generated websites prior to delivery;
• Website hosting on Cloudflare’s global infrastructure under your chosen domain;
• An inline visual editor for making content and style changes;
• An AI revision agent for requesting more substantial changes to your website;
• Version history, rollback capabilities, and source code export;
• Privacy-friendly website analytics;
• Form submission handling and notification delivery; and
• Custom domain configuration and SSL certificate provisioning.

The specific features available to you depend on your subscription tier. We reserve the right to modify, enhance, or discontinue features of the Platform, subject to the notice requirements in these Terms.

To use the Plinth Platform, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding agreement; and
• Not be prohibited from using the service under applicable Australian law.

The Platform is primarily designed for Australian businesses. Whilst possession of an Australian Business Number (ABN) is not a strict requirement to create an account, an ABN is recommended and may be required to comply with Australian tax obligations. All prices displayed on the Platform are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Your ABN, if provided, will be displayed on tax invoices issued by us.

The Platform is not available to persons or entities that have been previously suspended or removed from the Platform for violation of these Terms.

You are responsible for maintaining the security of your account. Specifically:

• You must provide accurate, current, and complete information when creating your account and keep it up to date.
• You are responsible for keeping your password and login credentials confidential. We recommend using a strong, unique password and enabling any available two-factor authentication.
• You are responsible for all activity that occurs under your account, whether or not you authorised it.
• You must notify us immediately at legal@plinth.au if you become aware of any unauthorised access to or use of your account.
• You must not share your account credentials with any other person or allow any other person to access the Platform using your credentials.

We will not be liable for any loss or damage arising from your failure to maintain the security of your account or comply with these account responsibilities.

Your website is generated in whole or in part using artificial intelligence. Whilst we take steps to review generated output for quality, you acknowledge and agree that:

• AI-generated content is not guaranteed to be accurate, complete, current, or fit for any particular purpose.
• You are responsible for reviewing all generated content before publishing your website and for ensuring it accurately represents your business.
• AI systems may occasionally produce content that contains errors, inconsistencies, or outputs that do not meet your expectations.
• You must not publish content that is factually inaccurate, misleading, or deceptive to consumers. Such content may constitute a breach of the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other applicable laws.
• Plinth’s operator review process is a quality check, not a legal compliance assessment. You remain solely responsible for ensuring your website complies with all applicable laws and regulations.

You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of others. You must not use the Platform to:

• Create, host, or distribute content that is illegal under Australian law or the law of any jurisdiction in which your website is accessible;
• Distribute malware, spyware, ransomware, or any other malicious code;
• Conduct phishing attacks, identity theft, or fraud;
• Send unsolicited commercial electronic messages (spam) in breach of the Spam Act 2003 (Cth);
• Harass, threaten, defame, or discriminate against any person;
• Infringe any third party’s intellectual property rights, including copyright, trade mark, or patent;
• Collect or harvest personal information of others without their consent;
• Circumvent, disable, or otherwise interfere with security features of the Platform;
• Attempt to gain unauthorised access to any part of the Platform, any other user’s account, or any connected systems; or
• Engage in any activity that could damage, disable, overburden, or impair the Platform or its infrastructure.

We reserve the right to suspend or terminate your account immediately if we determine, in our reasonable discretion, that you have violated this acceptable use policy.

We strive to provide a reliable, high-quality Platform and maintain high availability for hosted websites. However:

• The Platform is provided on a best-effort basis. We do not guarantee uninterrupted or error-free service.
• No formal Service Level Agreement (SLA) is provided for Basic or Pro plan subscribers unless otherwise agreed in writing. Enterprise-tier arrangements may include separate SLA terms.
• We will provide reasonable advance notice of scheduled maintenance that may affect your website’s availability, where practicable.
• We will not be liable for any downtime, data loss, or service interruptions caused by factors outside our reasonable control, including but not limited to internet outages, third-party provider failures, natural disasters, or acts of government.

For platform status updates, check our status page or contact us at legal@plinth.au.

To the maximum extent permitted by applicable law, including the Australian Consumer Law:

• Liability cap: Plinth’s total aggregate liability to you for any and all claims arising out of or in connection with the Platform or these Terms is limited to the total fees you have paid to Plinth in the 12-month period immediately preceding the event giving rise to the claim.
• Exclusion of consequential loss: Plinth is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or loss of business opportunity, even if we have been advised of the possibility of such damages.
• Third-party services: Plinth is not liable for the acts or omissions of third-party service providers, including Stripe, Cloudflare, Supabase, Resend, or any other provider, except to the extent that their actions arise directly from our instructions.

These limitations do not apply to liability arising from our fraud, wilful misconduct, or gross negligence, or to any liability that cannot be excluded or limited under Australian law.

Nothing in these terms excludes, restricts or modifies consumer guarantees under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If we fail to meet a consumer guarantee, you are entitled to remedies under that law. For major failures, you are entitled to a refund, replacement, or, in the case of services, a resupply of the service or a refund of an amount equal to the price of the service.

Where our liability for a failure to comply with a consumer guarantee relating to services cannot be excluded but can be limited, our liability is limited (at our election) to the resupply of the services or the payment of the cost of having the services resupplied.

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Provide at least 30 days’ advance notice via email to your registered email address before the changes take effect; and
• Update the “Last updated” date at the top of this page.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the effective date and export your website content. We will provide a prorated refund for any unused portion of a prepaid subscription period if you cancel due to a material change in these Terms.

If you have any questions about these Terms or wish to exercise any rights described herein, please contact our legal team: