Terms of Service

01 Agreement to Terms

By accessing or using the CMOB website (www.cmob.com.au), engaging our services, or entering into a service agreement with CMOB, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

CMOB is operated by TPJ Ventures Pty Ltd (ABN: 18 620 693 585), trading as CMOB, based in Newcastle, NSW, Australia.

These terms apply to all visitors, clients, and users of our website and services. Any separate written agreement between you and CMOB (such as a proposal, statement of work, or engagement letter) will prevail over these terms to the extent of any inconsistency.

02 Services Description

CMOB provides AI systems consulting services for Australian businesses, including:

• AI Readiness Audits: structured assessments of your current operations to identify where AI can deliver measurable value
• AI Advantage Setup: done-for-you AI workspace builds tailored to your business workflows
• AI Quickstart Packages: pre-configured AI tool setups for common business use cases
• Workshops and Training: hands-on sessions to upskill your team on AI tools, including our CRTFD training programmes
• Implementation and Builds: custom automations, workflows, dashboards, and integrations

Important: CMOB provides best-practice guidance, templates, and operational recommendations only. Our services do not constitute legal, financial, tax, regulatory, or compliance advice. We are not a licensed advisory firm. You are responsible for consulting qualified, licensed professionals before making binding decisions based on our deliverables.

03 Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into a binding agreement on behalf of yourself or the organisation you represent
• Be an Australian business, individual, or entity (or an international client engaging CMOB under a specific written agreement)

By engaging our services, you represent and warrant that you meet these eligibility requirements.

04 Accounts and Access

Some of our services may require you to access client portals, project management tools, shared workspaces, or other platforms configured by CMOB on your behalf.

You are responsible for:

• Maintaining the confidentiality of any login credentials, API keys, or access tokens provided to you
• All activity that occurs under your account or credentials
• Notifying CMOB promptly if you become aware of any unauthorised access to your account

CMOB reserves the right to suspend or revoke access to any portal or workspace if we reasonably believe there has been a security breach or misuse.

05 Fees and Payment

All fees for CMOB services are quoted in Australian Dollars (AUD). Where applicable, prices are inclusive of GST unless expressly stated otherwise.

• Proposals and Quotes: fees will be outlined in a written proposal or statement of work before any engagement begins. No work commences until both parties agree in writing.
• Payment Terms: unless otherwise agreed, invoices are payable within 14 days of issue. CMOB reserves the right to pause or suspend work if payment is overdue by more than 14 days.
• Deposits: some engagements may require a deposit before work begins. Deposit terms will be specified in the relevant proposal.
• Refunds: refunds are assessed on a case-by-case basis. Work already completed is generally non-refundable.

Late payments may incur interest at a rate of 2% per month on the outstanding balance, calculated from the due date until payment is received in full.

06 Intellectual Property

CMOB IP: CMOB retains all intellectual property rights in its proprietary methodologies, frameworks, tools, templates, training materials, and systems. Nothing in these terms transfers ownership of CMOB's pre-existing or independently developed intellectual property to you.

Client IP: you retain ownership of your data, business information, and any materials you provide to CMOB during an engagement. Custom deliverables created specifically for you (such as tailored reports, workflows, and workspace configurations) are owned by you upon full payment.

AI-generated outputs: where CMOB produces deliverables that incorporate AI-generated content, you own those deliverables upon full payment. You grant CMOB a non-exclusive, royalty-free licence to use anonymised and de-identified versions of such deliverables for portfolio, case study, and marketing purposes.

Feedback: any feedback, suggestions, or ideas you provide about our services may be used by CMOB to improve our offerings without obligation or compensation to you.

07 AI Tools and Third-Party Services

CMOB uses artificial intelligence tools and platforms (including, but not limited to, Claude by Anthropic) as part of our service delivery. You acknowledge and agree that:

• AI-generated outputs are tools to support decision-making, not substitutes for professional judgement. All AI outputs require human review before use.
• CMOB does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content. AI models can produce errors, omissions, or outdated information.
• You are responsible for reviewing, verifying, and approving all AI-generated content before relying on it or distributing it within your organisation.
• Third-party AI platforms are governed by their own terms of service and privacy policies. CMOB is not liable for changes to, outages of, or data handling by third-party providers.

CMOB will take reasonable steps to select reputable AI tools and to configure them in line with best practices for data security and privacy.

08 Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the course of an engagement, including business strategies, operational data, financial information, and proprietary systems.

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party before disclosure
• Is independently developed by the receiving party without reference to the confidential information
• Is required to be disclosed by law, regulation, or court order (with reasonable notice to the disclosing party where permitted)

These confidentiality obligations survive the termination of any engagement for a period of two (2) years.

09 Limitation of Liability

To the maximum extent permitted by law, CMOB's total aggregate liability arising out of or in connection with these terms or any engagement is limited to the total fees paid by you to CMOB in the twelve (12) months immediately preceding the claim.

CMOB is not liable for any indirect, incidental, special, consequential, or punitive damages, including (without limitation) loss of profits, loss of data, business interruption, or loss of goodwill, regardless of the cause of action or theory of liability.

Australian Consumer Law: nothing in these terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot be excluded, restricted, or modified by agreement. Where our liability cannot be excluded, it is limited (at our option) to resupplying the relevant services or paying the cost of having them resupplied.

10 Indemnification

You agree to indemnify, defend, and hold harmless CMOB, TPJ Ventures Pty Ltd, and their directors, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your misuse of deliverables, AI-generated outputs, or recommendations provided by CMOB
• Your failure to review or verify AI-generated content before use
• Your breach of these terms
• Any claim by a third party arising from your use of CMOB's deliverables in a manner not contemplated by the engagement

11 Disclaimers

CMOB provides its services and deliverables on an "as is" basis, subject to any consumer guarantees that cannot be excluded under Australian Consumer Law.

No professional advice: CMOB does not provide legal, financial, tax, accounting, or compliance advice. Our deliverables are best-practice guidance and operational recommendations. You must consult a qualified, licensed professional (such as a solicitor, accountant, financial adviser, or compliance officer) for advice specific to your regulatory obligations.

AI outputs are tools, not advice: all AI-generated content produced during our engagements is provided as a starting point for your review. It is not a substitute for professional judgement. CMOB does not warrant that AI-generated outputs are error-free, complete, or suitable for any particular purpose.

No guaranteed outcomes: while we apply best-practice methodologies, CMOB does not guarantee specific business results, cost savings, compliance outcomes, or return on investment from our services.

Third-party services: CMOB is not responsible for the performance, availability, or terms of any third-party tools, platforms, or services used during or after an engagement.

12 Termination

Either party may terminate an engagement by providing 14 days written notice to the other party.

CMOB may terminate an engagement immediately (without notice) if:

• You breach any material term of these terms or the relevant engagement agreement
• Payment is overdue by more than 30 days
• You become insolvent, enter administration, or commence winding-up proceedings

Upon termination:

• You must pay for all work completed up to the date of termination
• CMOB will provide you with any completed deliverables and your data within a reasonable timeframe
• Provisions relating to intellectual property, confidentiality, limitation of liability, and indemnification survive termination

13 Privacy

Your personal information is collected, used, and protected in accordance with our Privacy Policy. By using our website and services, you consent to the collection and use of your information as described in that policy.

CMOB complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We take reasonable steps to protect your data and will notify you of any data breach as required by law.

14 Changes to Terms

CMOB reserves the right to update or modify these Terms of Service at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, notify affected clients via email.

Your continued use of our website or services after changes are posted constitutes your acceptance of the revised terms. We encourage you to review this page periodically.

15 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

16 Contact

If you have any questions about these Terms of Service, please contact us:

• Email: tommy@cmob.com.au
• Website: www.cmob.com.au
• Location: Newcastle, NSW, Australia
• Business: TPJ Ventures Pty Ltd (ABN: 18 620 693 585) trading as CMOB