Terms of Service

Effective: 22 August 2025

1. Introduction

1.1 Who we are

We are Cuttable Operations Pty Ltd, a company incorporated and registered in Victoria, Australia with company number (ACN 669 868 928) (we, our, us, Cuttable). We are the owner and provider of the products and services offered on cuttable.com, cuttable.com.au, cuttable.ai and cuttable.app (together, Cuttable Website), which include but are not limited to access to and use of our online AI-powered advertising platform (Platform) and other services offered by us to you via the Cuttable Website in accordance with your account status and/or subscription plan (Services).

1.2 Application of these Terms

(a) These Terms are general terms which govern our relationship with the company you are authorised to represent (Customer) and each Authorised User of the Customer (together and separately, you, your).

(b) For each Authorised User, you warrant that you are authorised by the Customer to access and receive the Services and to accept these Terms on behalf of your company and that you will also abide by these Terms in accessing and using the Services.

1.3 Other applicable terms

(a) Our Privacy Policy, which sets out: (a) how we collect, use, disclose, and hold any personal information we collect from you, or that you provide to us; and (b) information about the use of cookies, will also apply to your use of our Services. By using our Services, you consent to such use and you warrant that all information provided by you is accurate.

(b) You also agree to abide by and use the Services in accordance with any notifications, instructions, additional terms and policies featured on the Cuttable Website or provided by us to you from time to time.

1.4 Engagement and Term

(a) These Terms apply to you when you sign up for an account until the earlier of the end of your subscription period and the date when your account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

(b) Your subscription continues for the subscription period in accordance with your chosen plan, and at the end of each subscription period, provided you have paid all subscription fees owing, your subscription will be automatically renewed for the same subscription period.

1.5 Changes to these Terms and Interpretation

(a) We may revise these Terms at any time by providing at least 14 days’ notice to you by email and the amended Terms will only become effective following that notice period.

(b) If you disagree with the revised Terms, you may elect to terminate your agreement with Cuttable by cancelling your subscription. If you do not do so before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms. If you have paid the subscription fees upfront, you will be issued a pro-rata refund based on your remaining subscription plan upon your termination under clause 1.5(b).

(c) Clauses 1.5(a) and 1.5(b) do not apply to amended Terms which only address new functions of the Services or which do not impose any additional burdens or obligations on the Customer. Such amended Terms will be effective immediately.

2. Services

2.1 Scope of the Services

The Services are provided on a Software-as-a-Service basis. Functionality may vary depending on, for example, updates, versions, or your chosen subscription plans. Subject to your compliance with these Terms and all your payment obligations, we grant you a non-exclusive, non-sublicensable, and non-transferable right to access and use the Services.

2.2 Access to the Platform

Subject to your compliance with these Terms and all your payment obligations, Cuttable provides you with access to and use of the Platform to receive one or more the following services via the Platform which are included as part of your subscription plan:

understand and organise your brand strategy;
conduct analysis on your brand and brand assets;
integrate to relevant external platforms such as file sharing, ecommerce, content generation platforms;
create static and video ads using your existing assets;
generate briefs, brand analysis and AI marketing strategy;
publish ads to social platforms and analyse performance; and/or
any other relevant services which will be provided by us from time to time.

2.3 Limited licence to the Platform

(a) We grant you a non-exclusive, non-transferable, revocable and limited licence to use the Platform for the purposes of accessing and receiving the Services.

(b) Your use of the Platform may be subject to any limitations as set out on the Cuttable Website from time to time.

(c) Your access to and use of the Platform is subject to any limitations as to the number of Authorised Users, number of exports of advertising videos, or other usage or deployment parameters based on your chosen subscription plan as set out on the Cuttable Website from time to time.

2.4 Free Trial

(a) We may, from time to time, invite you to join a free trial when you select a Service on the Cuttable Website.

(b) We may, in our sole discretion, cancel free trial for any reason (including abuse of free trials, creating accounts with temporary and disposable emails and/or creating accounts from the same IP address, etc) without prior notice and owing any liabilities to you, to the extent permitted under applicable law.

(c) No express or implied warranties apply to the Services provided under the free trial, and the Platform is provided on an as-is basis with all defects and faults. You acknowledge that the free trial period is provided for evaluation purposes only and accept all risks associated with the use of the Services during this period.

(d) We may remove the free trial option in the future as we consider commercially appropriate.

3 Your rights and obligations

3.1 Registration

(a) You agree that you will provide truthful and accurate information in the online registration form.

(b) You may not register if you are already registered or if you were previously a registered user and we cancelled your account as a result of you being in breach of these Terms.

(c) You are responsible for maintaining the confidentiality of your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.

(d) You must immediately notify us of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.

(e) You are responsible for ensuring that the information we hold about you is up to date. Please update your online profile as appropriate from time to time or contact us if you require assistance.

Please refer to our Privacy Policy for further explanation as to how we use the personal information we collect from you.

3.2 Your responsibilities

(a) You must ensure that any integration with a Third-Party Platform must be set up correctly and completely in accordance with the terms and conditions with the relevant third-party service provider and Cuttable’s instructions and policies as published on the Cuttable Website or otherwise notified by us to you from time to time.

(b) You are responsible for making all IT arrangements necessary to use the Services.

(c) If the Customer is a marketing / advertising agency business, you can use the Services and/or the Platform to provide services to third parties provided that you must create a separate account for each of your clients who engages you to provide marketing / advertising services using the Services and/or the Platform and you must pay the corresponding subscription fees for each such account. You acknowledge and agree that you must not use one single Cuttable account to provide services to multiple clients.

(d) You may use our Services only for lawful purposes. In particular, but without limitation, you may not use the Services:

(i) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

(ii) to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Services or any computer software or hardware.

(e) You must:

(i) not take actions that place unreasonable or excessive loads on the Platform and our servers;

(ii) not copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute or attempt to do so, all or any portion of the Platform or any other Services (or any of their content) in any form or media or by any means except as enabled and permitted by us as part of the Services;

(iii) not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of, the Platform or associated service or any part thereof; (iv) not access all or any part of the Platform or any other Services (or any of their content) in order to build product(s) or provide service(s) that compete with Cuttable’s business; and

(v) not interfere with, damage or disrupt: (A) any part of the Services; (B) any equipment or network on which the Services are hosted or stored; (C) any software used in the provision of the Services; or (D) any equipment or network or software owned or used by any third party; (vi) not access or interact with the Platform or any of our underlying systems, services, or APIs directly via automated means (including scripts, bots, or software tools) unless expressly agreed to by us;

(vii) not attempt to manipulate, interfere with, or bypass the intended behaviour of any AI systems or models provided through the Services, including through prompt injection, adversarial inputs, or other forms of manipulation;

(viii) not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorised Users; and

(ix) not use the Services and/or Platform to provide services to third parties other than as permitted under clause 3.2(c).

3.3 Your Input

(a) Any information, image, text, audio or other materials uploaded to the Platform by you (Input), must:

(i) comply with applicable law;

(ii) not infringe any copyright, database right or trade mark of any other person;

(iii) not be likely to deceive any person; and

(iv) not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(b) You grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host, copy, store and make available such Input for the purposes of providing you with the Services.

(c) You warrant that any Input complies with clause 3.3(a), and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. We will not be responsible, or liable to any third party, in respect of the content of any Input.

4 Cuttable’s obligations

4.1 Availability of the Services

To the maximum extent permitted by law, our Services are provided on an "as is" basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Services or that the Services will be secure, uninterrupted or free of defects.

4.2 Updates and modifications

(a) We may from time to time and without any requirement of any action on your part, as part of the Services:

(i) implement updates to the Services which may be implemented automatically; or

(ii) make modifications to the Services or particular components of the Services including to add or remove features and functionality from time to time.

(b) Your access to the Services may be suspended or restricted occasionally to allow for such maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if a Service is unavailable for any reason at any time or for any period.

4.3 Computer viruses

(a) We will use reasonable endeavours to ensure that no part of our Services will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and other devices used to access the Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from our Services and regularly check for the presence of viruses and other malicious code.

(b) We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content from it, or from any website linked to it.

5 Fees and payment terms

5.1 Subscription fees

(a) The subscription fees are billed in advance on a recurring basis (i.e., monthly or annually) in accordance with your subscription plan as set out on the Cuttable Website (Billing Cycle).

(b) You must provide accurate and complete billing information, including a valid payment method. If automatic billing fails, we may suspend or terminate your access to the Services.

(c) Your subscription can be upgraded or downgraded at any time through your account. Any upgrades to your subscription will take effect immediately (and you will be charged the difference between your current subscription and your new subscription on a pro-rata basis). Any downgrades to your subscription will take effect from the beginning of the next Billing Cycle.

(d) We may modify the subscription fee and the features for each plan at our discretion. Such changes will take effect at the end of your current subscription period, with reasonable prior notice provided by us to you. Your continued use of the Service (after a fee change becoming effective) constitutes your agreement to such changes including the new fees.

5.2 Payment terms

You will be billed for any subscription fees due at the beginning of each Billing Cycle. Our payment methods will be set out on our Platform.

5.3 Suspension of the Services

If automatic billing fails, we may, without limiting our other rights and remedies, suspend the relevant Services until such amounts are paid in full.

5.4 Cancellation

If you wish to cancel your subscription, you may do so through your account. Your cancellation will take effect at the end of your current subscription period, and your subscription will not be renewed. For the avoidance of doubt, you will need to continue paying all subscription fees due up until your current subscription period ends.

5.5 No refund by Cuttable

To the maximum extent permitted by law, you acknowledge that the subscription fees for the current Billing Cycle are non-refundable. You may cancel your subscription to prevent future payment before the commencement of the next Billing Cycle.

5.6 Taxes

The fees are exclusive of all taxes, levies, duties or similar governmental assessments of any nature (collectively, "Taxes"). You agree to pay any Taxes levied by any authority on, or in connection with, these Terms (other than income taxes payable by us).

6 Intellectual Property Rights

6.1 Cuttable Content

You acknowledge that all Intellectual Property Rights in the Services and all materials provided by us as part of the Services including but not limited to text, graphics, photos, logos, button icons, images, trade marks, animations, databases, data compilations, data and software (but excluding any Input uploaded by you) (together the Cuttable Content) are (as between you and us) owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Cuttable Content except as enabled and permitted by us as part of the Services.

6.2 Customer Content

(a) You may provide Input and receive Output through the Platform. As between the Customer and Cuttable, to the extent permitted by applicable law, the Customer retains all ownership in Input and owns all Output (together, Customer Content).

(b) The Customer is solely responsible for all use of the Output and for evaluating the accuracy and appropriateness of the Output for the intended use.

(c) We acknowledge that all the Intellectual Property Rights in our Services and the Cuttable Content do not include the Intellectual Property Rights in the Customer Content.

(d) You agree that we may store and use the Customer Content to perform our obligations under these Terms.

6.3 Statistical data

When you use our Services, we may create statistical data from your usage of our Services (for example, through aggregation). We own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other operational needs we have from time to time. For the avoidance of doubt, such statistical data will not include any of the personal identifiable information of an Authorised User.

7 Limitation of liability

7.1 Our limitation of liability

(a) To the maximum extent permitted by law and subject to clause 8, you acknowledge and agree that:

(i) it is a condition of accessing the Services that we shall not be liable for any harmful effect that accessing the Services may have on you, and you agree that you access and use the Services entirely at your own risk; and

(ii) we make no representations, warranties or guarantees of any kind in respect of the Services or any content available through the Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.

(b) Without limitation to the generality of the foregoing and to the maximum extent permitted by law, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:

(i) we will not be liable to you for any loss or damage arising under or in connection with:

(a) use of, or inability to use, the Services; or

(b) use of or reliance on any Output.

(ii) we will have no liability to you for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms, and/or the Services; and

(iii) our total liability to you in respect of any and all loss and/or damage arising out of or in connection with these Terms, and/or the Services, will not exceed the fees paid to Cuttable for the use of the Services in the 12 months preceding the last event giving rise to the liability.

(c) The liability of a party for loss or damage sustained by another will be reduced proportionately to the extent that such loss or damage has been caused by another party’s failure to comply with its obligations and responsibilities under these Terms and to the extent that the negligence or other wrongful act or omission of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence or under an indemnity.

7.2 Third-Party Platform

(a) You acknowledge that we have no control over the Third-Party Platforms and we will not be liable for any losses or damages arising from the suspension, restriction or termination of your account on the relevant Third-Party Platform for any reason.

(b) You are solely responsible for ensuring compliance with all applicable policies, terms of service, and guidelines of Third-Party Platforms, including but not limited to payment practices, content standards, and account setup and management.

(c) We do not and cannot guarantee uninterrupted access to Third-Party Platforms or the prevention of account restrictions, suspensions or deletions.

7.3 Use of the AI Functions

The Platform includes the AI Functions which assist with generating text, image, video, sound or other outputs in responses to your prompts. By using the AI Functions via the Platform, you agree and acknowledge that:

(a) the AI Functions carry certain risks, including factually untrue outputs, biased outputs, IP infringement, and privacy risks;

(b) part of the AI Functions is provided via third-party software, and Cuttable is not responsible for the acts or omissions of any such third-party providers;

(c) there are ongoing and unresolved legal disputes regarding the use of AI, including the right to ingest the data used to train the generative AI; and

(d) Cuttable provides access to the AI Functions without any warranty of any kind and hereby disclaims all warranties, express or implied, regarding the AI Functions and your use thereof, including, without limitation, all warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Australian Consumer Law

(a) If you are a ‘consumer’ within the meaning of the Australian Consumer Law (which is set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Services and anything else supplied by Cuttable under these Terms. If Cuttable is entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out below.

(b)You agree that Cuttable’s liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to any goods or services supplied under these Terms is limited to, at the option of Cuttable, one or more of the following: (i) the replacement of the goods or services, or the supply of equivalent goods or services; or (ii) the payment of the cost of replacing the goods or of supplying the services again.

9. Indemnity and release

9.1 Indemnity by you

To the extent permitted by law, you agree to indemnify, hold harmless and defend us (including but not limited to our related entities, directors, employees and contractors) from and against all third-party claims, liabilities, damages, expenses and costs that we may suffer or incur as a result, whether directly or indirectly, of:

(a) any breach or alleged breach of these Terms or any other terms applicable to the Services by you;

(b) your access, use or misuse of the Services;

(d) the infringement by you or any third party using your account of any intellectual property, privacy, or other right of any person or entity including in connection with the Customer Content; or

(e) your breach or alleged breach of any agreement between you and any Third-Party Platform.

This indemnity does not apply to the extent that we have caused or contributed to the loss through our own acts, omissions or breach of these Terms.

9.2 Our rights

We reserve the right to assume the exclusive defences and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.

10 Termination and suspension

(a) We may, in our sole discretion (acting reasonably), terminate or temporarily suspend your password, account (or any part thereof) or use of the Services without notice if you are in breach of these Terms or if we believe in our reasonable discretion that your use of the Services is unsuitable in any way.

(b) Clauses 5 (Fees and payment terms), 7 (Limitation of liability), and 9 (Indemnity and release) and any other terms which by their nature should continue to apply, will survive any termination of your subscription plan or your account.

11 General

11.1 Assignment

(a) We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice.

(b) You may not assign, subcontract or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.

11.2 Force majeure

Failure by us to perform any of our obligations under these Terms (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of these Terms. We will:

(a) promptly give you notice of the Force Majeure Event and an estimate of the non-performance and delay;

(b) take all reasonable steps to overcome the effects of the Force Majeure Event; and

provided that if a Force Majeure Event continues for a period of 30 days or more, you may terminate the Services with immediate effect by providing notice to us.

11.3 Governing law

You agree that these Terms are governed by the law of the State of Victoria, Australia and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Services.

11.4 Legal relationship

We are engaged by you for the provision of the Services. No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms.

11.5 Notice

Unless otherwise stated, any notices must be given by email to our email address as displayed on our Cuttable Website or your email address as provided at registration. Any notice is deemed to be received 24 hours after the email is sent unless that email address is invalid or undeliverable.

11.6 Severance

If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.

11.7 Waiver

A waiver of any right under these Terms is only effective if it is in writing and signed by the party granting it.

12 Definitions

Other than the terms which have been defined elsewhere in these Terms, other capitalised terms have the following meanings:

AI Functions means the AI functions being developed by Cuttable or AI software / applications owned by third parties, which are included as part of the Platform.

Authorised User means any party who is authorised by the Customer to access the Customer’s account including the Customer’s employees, consultants, agents, and representatives.

Force Majeure Event means any unforeseeable event or occurrence which is beyond the reasonable control of the affected party, including strikes, failure of a utility service or transport or telecommunications or wireless network, natural disasters, acts of God, wars, terrorism, riots, civil commotion, malicious damage, pandemics, epidemics, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery;

Intellectual Property Rights means:

(a) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:

(i) registered and unregistered copyright;

(ii) inventions (including patents, innovation patents and utility models);

(iii) registered and unregistered designs;

(iv) registered and unregistered trade marks; and

(v) circuit layout designs and rights in databases, whether or not any of these are registered, registrable or patentable;

(b) any licence or other similar right from a third party to use any of the above;

(d) any rights of action against any third party in connection with the rights in paragraphs (a) to (c) above, including any right to claim (and retain) any damages and other remedies (including an account of profits) for infringement, whether or not such rights are registered or capable of being registered, but excluding moral rights and similar personal rights which by law are non-assignable;

Output means any advertising content, including videos, images and audio generated through the Platform based on your Input;

Privacy Policy means our privacy policy which is accessible through cuttable.com/privacy-policy;

Terms means these terms of service which may be updated by us from time to time; and

Third-Party Platform means any third-party platform (including but limited to Meta, Shopify, TikTok) which may be integrated with the Platform from time to time.