Terms of Service
Effective: [EFFECTIVE DATE] · Last updated: [LAST UPDATED]
These Terms of Service (“Terms”) govern your use of PAYOFF·FIT (the “Service”), a workshop scoring tool operated by Model Answer Pty Ltd (ABN [ABN]) (“Model Answer”, “we”, “us”, “our”) and accessible at payoff.modelanswer.com.au. By accessing or using the Service, you agree to be bound by these Terms.
1. Definitions
- “Facilitator” means a Model Answer authorised user who creates and runs Workshops in the Service.
- “Attendee” means any individual who joins a Workshop using a join code or workshop URL.
- “Workshop” means an instance of the Service in which Attendees score Use Cases against the PAYOFF·FIT framework.
- “Use Case” means a candidate AI initiative provided to the Service for scoring.
- “Client Content” means any data, text, logos, Use Cases, or other materials uploaded to or generated within the Service by you or your Attendees.
2. The Service
The Service helps client teams identify which AI use cases are worth piloting using a five-criterion scoring framework. The Service is provided on an “as is” and “as available” basis and may be updated, modified, or discontinued at our discretion.
3. Eligibility & accounts
Facilitator access is by invitation only. To act as a Facilitator you must be a Model Answer team member or otherwise authorised by us in writing. Attendees do not need a Model Answer account — joining a Workshop with a workshop URL is sufficient. You are responsible for keeping your sign-in credentials and any magic links secure and not sharing them with others.
4. Acceptable use
You agree not to:
- use the Service for any unlawful purpose or to upload unlawful content;
- upload personal, sensitive, or confidential data of third parties without proper authorisation;
- attempt to access workshops, scores, or Attendee data you are not authorised to access;
- probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures;
- interfere with or disrupt the Service, including by overloading, flooding, or spamming any part of it;
- reverse engineer, decompile, or otherwise attempt to derive source code from the Service except where permitted by law;
- use the Service to develop a competing product or service.
5. Client Content
You retain all rights to your Client Content. By uploading Client Content, you grant Model Answer a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and process Client Content solely for the purpose of providing the Service to you and your Attendees.
You represent and warrant that you have all rights necessary to upload Client Content to the Service and that your Client Content does not infringe the rights of any third party or breach any law.
6. Workshop participation by Attendees
Facilitators are responsible for informing Attendees that participation in a Workshop involves the collection of their name and scoring inputs and that this data will be visible to other participants in the same Workshop. Facilitators must obtain any consents required under applicable law before inviting Attendees.
Scores submitted by Attendees may be displayed to other Attendees and to the Facilitator in real time and may be exported by the Facilitator at the conclusion of the Workshop.
7. Intellectual property
The Service, including its design, code, content (other than Client Content), and the PAYOFF·FIT scoring methodology, is owned by Model Answer and is protected by Australian and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right or licence in respect of the Service other than the limited right to use it as expressly set out in these Terms.
8. Confidentiality
Each party agrees to keep confidential all non-public information of the other party that it learns through the use or operation of the Service and to use such information only for the purpose of performing its obligations under these Terms.
9. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
10. Fees
Use of the Service in connection with a Model Answer engagement is governed by the commercial terms of that engagement (typically set out in a separate engagement letter or statement of work). The Service is not currently available on a self-service paid basis.
11. Warranties & disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and Model Answer makes no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Model Answer does not warrant that the Service will be uninterrupted, error-free, or secure.
Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified. Where we are entitled to limit our liability under the Australian Consumer Law, we limit it to (at our option) the re-supply of the Service or the payment of the cost of having the Service re-supplied.
12. Limitation of liability
To the maximum extent permitted by law, Model Answer’s total aggregate liability under or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the amount paid by you to Model Answer for the Service in the 12 months preceding the event giving rise to the liability (or, if you have not paid for the Service, AUD $100).
Model Answer is not liable for any indirect, special, incidental, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.
The Service is a decision-support tool. Decisions you make based on Workshop outputs are your own and are made at your own risk. Model Answer is not responsible for outcomes resulting from your use of, or reliance on, Workshop outputs.
13. Indemnity
You agree to indemnify and hold harmless Model Answer and its officers, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your Client Content; or (c) your use of the Service in violation of any applicable law or third-party right.
14. Termination
We may suspend or terminate your access to the Service at any time and for any reason, including for breach of these Terms. You may stop using the Service at any time. On termination, the provisions of these Terms that by their nature should survive termination will survive (including provisions relating to intellectual property, confidentiality, liability, and indemnity).
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by updating the “Last updated” date above and, where appropriate, by other reasonable means. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
16. Governing law
These Terms are governed by the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia in respect of any matter arising under or in connection with these Terms.
17. Contact
Questions about these Terms can be sent to [CONTACT EMAIL], or by post to Model Answer Pty Ltd, [REGISTERED ADDRESS].