These Terms of Service ("Terms") are between you ("you", "the Client") and Breathe O'clock Pty Ltd, trading as Rekindle ("Rekindle", "we", "us" or "our"), a company registered in Australia. They apply to your use of our website at rekindleai.com and to any services you engage us to provide.
By using our website, submitting an enquiry, or engaging our services, you agree to these Terms. If you do not agree, please do not use the website or our services.
01Our services
Rekindle is an AI-native creative and growth studio. We provide services that may include AI-generated user-generated-style content (AI UGC), creative strategy, ad creative production, media buying and the design of custom AI marketing systems. The specific scope, deliverables, timelines and fees for any engagement will be set out in a separate proposal, quote or statement of work agreed between us ("Engagement Terms"). Where there is any inconsistency, the Engagement Terms prevail over these Terms for that project.
02Quotes, engagement and changes
- Quotes and proposals are valid for the period stated, or for 30 days if no period is stated.
- An engagement begins when you accept a proposal or quote in writing (including by email), or make a payment for services.
- Changes to scope, additional revisions beyond those agreed, or new requests may be quoted and charged separately.
03Fees and payment
- Fees are as set out in the relevant proposal, quote or pricing on our website, and are in Australian dollars unless stated otherwise.
- Unless agreed otherwise, work may require payment or a deposit upfront before it commences.
- Invoices are payable by the due date stated. We may pause or suspend work on overdue accounts.
- You are responsible for any third-party costs incurred on your behalf with your authorisation, such as ad spend, media, software, stock or licensing fees.
04Your responsibilities
To deliver our services effectively, we rely on you to:
- Provide accurate information, briefs, brand assets and any approvals we reasonably need, in a timely manner;
- Hold the necessary rights to any materials you provide to us (such as logos, images, product information and claims);
- Grant any access we reasonably require (for example, to advertising accounts) and revoke it when the engagement ends; and
- Ensure that your products, offers and the claims you ask us to make comply with all applicable laws and platform policies.
Delays in providing what we need may affect timelines, and we are not responsible for delays caused by you or your third parties.
05Intellectual property
On full payment of all fees for a project, we assign or licence to you the rights in the final deliverables created specifically for you, for use in your business as contemplated by the engagement. Until full payment is received, all deliverables remain our property.
We retain ownership of our pre-existing materials, tools, workflows, prompts, templates, systems and know-how, including anything we develop generally in the course of our business. Where these are included in your deliverables, we grant you a non-exclusive licence to use them as part of those deliverables. We may showcase work we produce for you in our portfolio and marketing unless we agree otherwise in writing.
06AI-generated content
Some of our deliverables are produced using artificial intelligence tools. You acknowledge that:
- AI-generated outputs can contain errors, inaccuracies or unexpected results, and you are responsible for reviewing and approving deliverables before they are published or used;
- The legal status and ownership of AI-generated content can be uncertain and may vary by jurisdiction; and
- You are responsible for ensuring that the final content, claims and creative you choose to run comply with applicable laws, advertising standards and the policies of any platform you use.
07Results and performance
We bring genuine skill and care to our work, but marketing outcomes depend on many factors outside our control, including your product, offer, pricing, market conditions and the policies and algorithms of third-party platforms. Unless a specific outcome is expressly guaranteed in writing in our Engagement Terms, we do not warrant or guarantee any particular results, revenue, return on ad spend or performance. Any separate guarantee we offer applies only on the terms stated for that offer.
08Third-party platforms
Our services often involve third-party platforms and tools (such as Meta and other advertising, hosting and scheduling services). We are not responsible for the availability, decisions, policies or actions of those third parties, including ad rejections, account restrictions or pricing changes. Your use of those platforms is subject to their own terms.
09Confidentiality
Each of us may receive confidential information from the other in the course of an engagement. We each agree to keep the other's confidential information secure and to use it only for the purposes of the engagement, except where disclosure is required by law.
10Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Where our services come with a non-excludable guarantee and we are permitted to limit our liability, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.
11Limitation of liability
To the maximum extent permitted by law, and subject to the Australian Consumer Law section above:
- We are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or business opportunity; and
- Our total liability arising out of or in connection with an engagement is limited to the fees paid by you to us for the services giving rise to the claim.
You agree to indemnify us against claims arising from materials or instructions you provide, or from your use of deliverables in breach of these Terms or applicable law.
12Termination
Either party may end an engagement in accordance with the relevant Engagement Terms, or on reasonable written notice. On termination, you must pay for all work performed and costs committed up to the date of termination. Sections that by their nature should survive termination (including intellectual property, confidentiality, liability and governing law) will continue to apply.
13Website use
You may use our website for lawful purposes only. You must not attempt to disrupt, misuse or gain unauthorised access to the website or its systems, or use any content from the website without our permission. We may update, suspend or withdraw the website at any time without notice.
14Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.
15Changes to these Terms
We may update these Terms from time to time. The current version will always be available on this page, with the "Last updated" date shown above. Continued use of our website or services after changes are posted means you accept the updated Terms.
16Governing law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
17Contact us
For any questions about these Terms, please contact:
Breathe O'clock Pty Ltd (trading as Rekindle)
Australia
Email: jamal@rekindleai.com