Terms of Service

Last updated: 25.06.2026

Business name: Alder & Co.AI

Address: 4a/2 Locomotive Street, Eveleigh NSW 2015, Australia

1. Introduction

These Terms of Service (“Terms”) govern access to and use of the Alder & Co.AI website, platform, software, analytics tools, AI features, messaging workflows, integrations and related services (collectively, the “Services”).

In these Terms, “Alder”, “we”, “us” or “our” means Alder & Co.AI, and “Customer”, “you” or “your” means the business entity or authorised user accessing or using the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Business use only

The Services are provided for business and commercial use only. You must not use the Services for personal, household or consumer purposes.

You must be at least 18 years old and authorised to act on behalf of the business customer using the Services.

3. Our Services

Alder provides software and related services designed to help businesses analyse customer and transaction data, generate predictive insights, support retention strategies, and create AI-assisted email and SMS campaign workflows.

Features may include, depending on the customer’s plan, onboarding or scope:

customer segmentation;
churn prediction;
customer lifetime value analysis;
recommendations and behavioural insights;
email and SMS campaign drafting or workflow support;
AI-generated summaries, reports and campaign content;
integrations with selected third-party platforms; and
related onboarding, support and implementation services.

We may add, remove, modify or update features from time to time.

4. Access model and eligibility

Alder may offer access on an invite-only, pilot, paid subscription, custom onboarding or enterprise arrangement basis.

We reserve the right to accept, decline, suspend or terminate access requests or customer accounts at our discretion, including where necessary to protect the platform, our business, other customers or our legal position.

5. Account registration and customer responsibilities

You are responsible for:

ensuring that all account information you provide is accurate and up to date;
maintaining the confidentiality of login credentials and account access;
restricting access to authorised personnel only;
ensuring that your users comply with these Terms; and
promptly notifying us of any suspected unauthorised access, misuse or security incident.

You are responsible for all activity that occurs under your account unless caused by our breach of these Terms or our negligence.

6. Customer data and permissions

6.1 Your responsibility for data

You are responsible for all data, files, content, contact records, campaign inputs and other materials that you upload to, connect to, submit through or otherwise make available to Alder (“Customer Data”).

You represent and warrant that:

you own or control the necessary rights in the Customer Data, or otherwise have the legal right to provide it to Alder and permit Alder to use it in accordance with these Terms;
you have provided any notices and obtained any consents required under applicable privacy, spam, telecommunications, marketing or other laws;
your use of the Services and Customer Data does not infringe any third-party rights or violate any law; and
the Customer Data is not knowingly false, misleading, unlawful or malicious.

6.2 Licence to use Customer Data

You grant Alder a non-exclusive, worldwide, royalty-free licence to host, copy, process, analyse, store, transmit and otherwise use Customer Data as reasonably necessary to:

provide the Services;
generate analytics, predictions, outputs and campaign drafts;
maintain and support the platform;
troubleshoot and improve service performance;
comply with legal obligations; and
otherwise perform our obligations under these Terms.

7. Campaigns, messaging and approvals

Alder may support the drafting, configuration, scheduling and delivery of customer communications, including email and SMS campaigns.

At launch, Alder’s campaign functionality is approval-based. This means that campaign content, recommendations or workflows generated by the platform are intended to be reviewed and approved by the Customer before sending.

You are responsible for:

reviewing and approving campaign content before it is sent;
ensuring your intended recipients have been contacted lawfully and in compliance with applicable consent, spam, privacy and marketing rules;
ensuring message content is accurate, appropriate and compliant; and
ensuring your use of email, SMS and other messaging channels complies with applicable law and platform requirements.

Alder does not guarantee the legality, deliverability, performance or commercial effectiveness of any campaign content, strategy or recommendation.

8. AI-generated outputs and recommendations

The Services may generate outputs using machine learning models, AI systems and statistical methods, including:

segments;
churn predictions;
CLV estimates;
recommendations;
reports and summaries;
suggested campaign copy;
email and SMS drafts; and
other analytical or strategic outputs.

These outputs are provided as tools to assist your team. They may not always be accurate, complete or suitable for your particular business context.

You acknowledge and agree that:

AI-generated outputs may contain errors, omissions, assumptions or inaccuracies;
outputs should be reviewed by appropriately qualified personnel before use or reliance;
Alder is not providing legal, financial, medical or other regulated professional advice through the Services; and
you remain responsible for all decisions, communications, campaigns and actions taken based on the outputs.

9. Third-party services and integrations

The Services may integrate with or rely on third-party providers, including e-commerce, payment, messaging, AI, cloud or storage providers.

Your use of third-party services may also be subject to separate terms and privacy policies imposed by those providers.

Alder is not responsible for third-party services, including their availability, security, functionality, pricing, data practices or acts and omissions.

10. Fees, billing and payment

Unless otherwise agreed in writing, access to the Services may be provided on a paid subscription, pilot, enterprise or custom commercial basis.

You agree to pay all fees, charges and applicable taxes associated with your use of the Services in accordance with the pricing, proposal, order form, statement of work or other commercial terms agreed between you and Alder.

Where applicable:

subscription fees may be billed monthly in advance;
invoices must be paid by the due date stated on the invoice or applicable order form;
late payments may result in suspension of access; and
fees are non-refundable except where required by law or expressly agreed by Alder in writing.

11. Term and cancellation

These Terms commence when you first access or use the Services and continue until terminated.

Unless otherwise agreed in writing, either party may cancel an ongoing subscription or service arrangement by providing 30 days’ written notice.

We may suspend or terminate your access immediately if:

you materially breach these Terms;
you fail to pay amounts due;
your use of the Services creates legal, security, operational or reputational risk for Alder or others; or
we are required to do so by law or a third-party provider.

Termination or expiry does not affect accrued rights, payment obligations or clauses intended to survive termination.

12. Acceptable use

You must not, and must not permit others to:

use the Services in a way that is unlawful, misleading, abusive, harmful, defamatory or fraudulent;
upload malicious code, viruses or harmful material;
attempt to gain unauthorised access to the platform, infrastructure or another customer’s data;
interfere with the operation, performance or security of the Services;
use the Services to send unlawful spam or communications in breach of consent requirements;
reverse engineer, decompile or attempt to extract source code from the platform except where not permitted to be excluded by law;
use the Services to build a competing product or service using unauthorised access or copying; or
misuse AI outputs in a way that is deceptive, unlawful or harmful.

13. Intellectual property

13.1 Alder intellectual property

Alder and its licensors retain all right, title and interest in and to the Services, including all software, models, workflows, features, content, branding, documentation, know-how, design, analytics structures and related intellectual property, excluding Customer Data.

13.2 Customer Data

As between the parties, you retain ownership of your Customer Data.

13.3 Output ownership

Subject to your compliance with these Terms and payment of applicable fees, Alder grants you a non-exclusive right to use outputs generated for your internal business purposes in connection with the Services.

However, Alder retains ownership of the underlying platform, systems, templates, methodologies, prompts, models, workflows and service architecture used to generate those outputs.

13.4 Feedback

If you provide feedback, ideas, suggestions or enhancement requests to Alder, you agree that we may use them without restriction or obligation to you.

14. Confidentiality

Each party may receive confidential information from the other in connection with the Services.

Each party agrees to keep the other party’s confidential information confidential and not to use or disclose it except as reasonably necessary to perform its obligations, exercise its rights, or as required by law.

This clause does not apply to information that:

is or becomes public through no fault of the receiving party;
was already lawfully known to the receiving party;
is lawfully received from a third party without restriction; or
is independently developed without reference to the confidential information.

15. Availability and changes to the Services

We aim to provide a reliable service, but we do not guarantee that the Services will always be uninterrupted, error-free or available at all times.

We may:

perform maintenance, updates or emergency changes;
modify features, workflows, integrations or infrastructure;
introduce or remove beta or pilot features; and
suspend access where reasonably necessary for security, legal or operational reasons.

16. No guaranteed results

Alder is designed to help customers generate insights, improve retention workflows and support better decision-making. However, we do not guarantee any particular commercial outcome, including:

increased revenue;
improved retention;
improved conversion rates;
reduced churn;
improved campaign performance; or
any other specific business result.

17. Warranties disclaimer

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.

Except as expressly set out in these Terms, Alder excludes all warranties, representations and guarantees, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability or suitability.

Nothing in these Terms excludes rights that cannot lawfully be excluded under applicable law.

18. Limitation of liability

To the maximum extent permitted by law:

Alder will not be liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, including loss of profits, revenue, goodwill, data, business opportunities or anticipated savings;
Alder will not be liable for any loss arising from Customer Data, customer decisions, campaign content, AI outputs, third-party services, or unauthorised access caused by your systems or credentials; and
Alder’s total aggregate liability arising out of or in connection with the Services or these Terms will be limited to the total fees paid by you to Alder in the 12 months preceding the event giving rise to the claim.

If no fees have been paid, Alder’s total aggregate liability will be limited to AUD $1,000.

19. Indemnity

You agree to indemnify and hold harmless Alder, its officers, contractors and affiliates from and against any claims, liabilities, losses, damages, costs and expenses arising from or relating to:

your Customer Data;
your breach of these Terms;
your use of the Services in violation of law;
your campaigns, messages or communications sent using or in connection with the Services; or
your infringement of another person’s rights.

20. Privacy

Our collection and handling of personal information and related data is described in our Privacy Policy.

By using the Services, you acknowledge that Alder may process personal information and other data in accordance with the Privacy Policy and these Terms.

21. Suspension and termination effects

Upon termination or expiry, Alder may suspend or close your account and access to the Services.

Subject to applicable law, operational constraints and any separate written agreement, we may delete or decommission Customer Data after termination, unless retention is required for legal, compliance, backup or legitimate operational purposes.

If you require data export or transition assistance, that may be subject to separate fees and scope agreement.

22. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may provide notice by email, through the platform, on our website or by other reasonable means.

Your continued use of the Services after the updated Terms take effect constitutes acceptance of the revised Terms.

23. Governing law

These Terms are governed by the laws of New South Wales, Australia.

You submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in relation to any dispute arising from or in connection with these Terms or the Services.

24. Contact us

If you have questions about these Terms or the Services, please contact:

Alder & Co.AI

4a/2 Locomotive StreetEveleigh NSW 2015Australia

Email: info@aldernco.ai

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