Terms of Service

These terms are an agreement between your business and Fab Data Solutions Pty Ltd (ABN 37 647 641 950, ACN 647 641 950), trading as FDX Solutions, of 508 Port Hacking Road, Caringbah South NSW 2229, Australia (“FDX”, “we”, “us”).

They cover FDX All-in-one AI, also called FDX OS, at www.fdx-solutions.com, including the website, the app, your AI team and everything it does for you (the “service”).

By creating an account or using the service, you agree to these terms for your business. If you sign up for a company or other organisation, you confirm you are allowed to agree for it.

• You must be at least 18 and using the service for a business.
• You log in with a code we email you, a password, Google or Microsoft. Keep your login safe and tell us straight away if you think someone else has used it.
• You can invite your staff. You are responsible for what people you invite do in your workspace.
• Keep your business details up to date, because your AI team uses them when it writes for you.

• Every new business can try FDX free for 7 days. We do not ask for a card.
• The trial ends after 7 days, after 100 AI credits are used, or once a small AI cost limit is reached, whichever comes first. It includes up to 20 lead searches.
• One trial per business. To stop repeat trials, we keep a scrambled code of your email domain (or of your full email address if you use a public service such as Gmail or Outlook). We keep this code even after you delete your workspace. It cannot be turned back into your address.
• When the trial ends, your AI team stops working until you pick a plan.

If you never pick a plan, your trial workspace stays open, with your AI team paused, until you close it or we close it. We will email you at least 30 days before we close it. When a workspace is closed, its data is deleted as set out in Your data below.

Our plans are:

• Starter: US$49 a month, tax included.
• Professional: US$119 a month, tax included.
• Enterprise: US$219 a month, tax included.

What each plan includes, such as AI credits and new leads each month, is shown on our pricing page.

• Plans are billed monthly, in advance, through Stripe. You enter your card on Stripe’s secure page. FDX never sees or stores your card number.
• Your AI team uses credits for its work. When your credits run out, AI work pauses until you buy a top up pack or your plan renews.
• The credits in your plan reset each billing month and do not carry over.
• You can buy top up packs of extra credits at any time. Top up credits do not expire while your account is open.
• Your tax invoices are in Settings, Plan and billing.
• If we change our prices, we will tell you at least 30 days before the new price applies to you.

• You can cancel any time from Settings, Plan and billing, using Manage billing.
• Your plan keeps working until the end of the month you have paid for.
• We do not give refunds, including for part months or unused credits, except where the Australian Consumer Law requires it.

• Using FDX lawfully. This includes the Spam Act 2003, the Privacy Act 1988 and the Australian Consumer Law.
• Every message sent in your name. FDX writes and sends messages for your business, and you are responsible for them. Chat replies and automations can go out on their own if you set them to. Emails can wait for your yes. First emails to new leads always wait for your yes.
• Consent and opt outs. Get consent where the law needs it before you message people, and honour every request to stop. Every email FDX sends to a lead carries your business’s details and an opt out link, and FDX stops writing to anyone who opts out. Do not remove or get around these.
• Your customers’ privacy. Tell your customers and contacts that you use FDX to handle their messages and bookings, for example in your own privacy policy.
• Checking the work. AI can get things wrong. Check what your AI team writes, especially anything you let go out on its own.

• Send spam, or message people who have not agreed to hear from you where the law needs that.
• Use FDX to mislead, deceive, harass or impersonate anyone, or to make or send anything unlawful or harmful.
• Misuse the AI, for example by trying to get it to break the law, reveal other people’s private details or get around our safety checks.
• Try to get into another business’s workspace, break or test our security, or get around credit, trial or sending limits.
• Copy, resell or rebuild the service without our written agreement.

• You own your data: your business details, contacts, messages, files, memory and everything your AI team makes for you.
• You let us store and use it only to run the service for you, support you and keep it safe.
• Your data is never used to train AI models. The AI runs through the AI provider’s business service, under terms that say it does not train on your data.
• Private details such as email addresses, phone numbers, street addresses, tax, bank, Medicare and card numbers are masked before the AI sees them. People’s names are not masked.

Our Privacy Policy explains what we collect, where it is processed and how long we keep it.

To close your workspace, contact us at hello@fdxsolutions.com. When you close it, we delete its data. Backups of your agents’ memory are removed within 14 days. We keep billing records for 5 years, as Australian tax law requires.

• We work hard to keep FDX running, but we cannot promise it will never be interrupted, for example during maintenance or when a service we rely on is down.
• We improve FDX all the time. If a change takes away something important you pay for, we will tell you at least 30 days before, and you can cancel.
• Some features use other companies’ services, such as Stripe, Google, Telegram, Microsoft 365 and Meta. Their own terms also apply when you connect them.
• Features marked coming soon are not part of what you pay for until they are switched on.

• We can pause your AI team or suspend your account if you misuse the service, break these terms, do not pay, or if we need to protect other people or follow the law.
• We will tell you why. Where we reasonably can, we will warn you first and give you a chance to fix the problem.
• We can end this agreement for any other reason by giving you at least 30 days’ notice by email.

Nothing in these terms takes away the guarantees, rights or remedies you have under the Australian Consumer Law that cannot be excluded. Where the law allows, if we fail to meet a guarantee, our responsibility is limited to supplying the service again or paying for it to be supplied again.

As far as Australian law allows:

• we are not responsible for indirect loss, such as lost profits, lost revenue or lost opportunities;
• we are not responsible for messages that went out because you approved them or set them to go out on their own;
• our total liability to you is limited to the fees you paid us in the 12 months before the claim.

Messages sent in your name. You agree to cover us for any loss, claim or cost we face because of a message you chose to send, or let go out in your name on its own, including a claim that it broke the law. This does not cover loss caused by our own breach of these terms or by our negligence.

We may update these terms. We will email the account owner and show a notice in FDX at least 30 days before a change takes effect. If you keep using FDX after that, the new terms apply. If you do not agree, you can cancel before then.

These terms are governed by the law of New South Wales, Australia. You and we agree to the courts of New South Wales and the courts that can hear appeals from them.

Fab Data Solutions Pty Ltd, trading as FDX Solutions. ABN 37 647 641 950. ACN 647 641 950. 508 Port Hacking Road, Caringbah South NSW 2229, Australia. Email hello@fdxsolutions.com.