1. Overview and Platform Description
1.1. Tactyl Pty Ltd ACN 689 549 102, located at 35/477 Collins Street, Melbourne, Victoria Australia 3000 (hereinafter referred to as "we", "us", or "our"), operates an AI-driven platform designed to support the generation, refinement, and progression of business ideas, concepts, and designs, together with any related software tools and/or web-based links (collectively, the "Platform"). The Platform exists to help transform early-stage concepts and preliminary thinking into actionable outcomes.
1.2. The Platform has been built to leverage and integrate the strategic capabilities and outputs of established AI systems, including ChatGPT, Claude, Gemini, and xAI, and delivers responses derived exclusively from your submitted information (Inputs).
1.3. Based on your Inputs, the Platform may produce guidance that includes:
1.3.1. an assessment of your concept covering viability, market alignment, competitive positioning, scalability, and clarity of purpose;
1.3.2. a framework for development and execution;
1.3.3. a strengths, weaknesses, opportunities, and threats evaluation; and/or
1.3.4. a revenue generation or fundraising outline.
You acknowledge and accept that all guidance obtained through the Platform is contingent upon the quality and nature of your Inputs, is of a general character, and does not serve as a substitute for qualified legal or financial counsel.
2. Account Creation, Access, and Agreement
2.1. Access to the Platform requires that you are no younger than thirteen (13) years of age. If you are below the age of legal majority in your country of residence (which may be eighteen (18) or twenty-one (21) years of age), you may only use the Platform under the direct supervision of a parent or legal guardian.
2.2. When setting up an account for the Platform, you are required to:
2.2.1. supply truthful and complete registration details and keep such information current throughout your use of the Platform;
2.2.2. safeguard your login credentials and not disclose them to any third party. You accept full responsibility for all activity conducted through your account,
and if you register for or operate the Platform on behalf of another individual or organisation, you must possess the requisite authority to bind that party to these Terms, and we shall be entitled to rely on that representation.
2.3. Through your access to and use of this website, you confirm, accept, and understand that:
2.3.1. you have been afforded the opportunity to review these Terms and the Fair Use Policy;
2.3.2. by accessing and using the website, you become bound by these Terms and the Fair Use Policy, and have thereby entered into a binding arrangement with us concerning the use of the Platform under these Terms (and the Fair Use Policy); and
2.3.3. your use of the Platform and website is undertaken at your own risk and, without restricting any other provision herein, any reliance on guidance provided is entirely at your sole judgment, and you agree to indemnify and hold harmless us and our Personnel from any and all Claims arising from your use.
3. About Us
Tactyl exists to make product development and innovation accessible to all — enabling everyone from experienced entrepreneurs to aspiring creators to bring ideas to life as viable products or business solutions rapidly, reducing timelines from months to days.
4. Key Terms
For the purposes of these Terms:
4.1. Personnel means our agents, representatives, directors, officers, staff, contractors, advisors, consultants, and/or affiliated parties.
4.2. Claim means any proceedings, actions, suits, causes of action, arbitrations, debts, obligations, costs, claims, counterclaims, demands, rulings, and judgments whether arising at common law, in equity, or under statute, or on any account whatsoever.
4.3. Content bears the meaning attributed to it in clause 6.1.
4.4. Intellectual Property means patents, business names, trading names, brand names, corporate names, trademarks, designs, copyright, proprietary knowledge, domain names, database applications, software, visual elements, trade dress, goodwill, and any other category of intellectual property. This encompasses all applications for the foregoing, whether or not capable of statutory protection, and whether registered or unregistered.
4.5. Terms means these "Tactyl Pty Ltd Terms and Conditions" as amended or updated from time to time.
4.6. Personal Data encompasses, without limitation, email addresses, first and last names, and any data automatically gathered when you visit our website (including your IP address and browser type).
5. Platform Use and Content
5.1. Requirements
So long as you adhere to these Terms, you are permitted to access and utilise the Platform. When using the website and the Platform, you are obligated to comply with:
5.1.1. all laws applicable in your country of residence;
5.1.2. any guides, documentation, or policies that we publish or make available to you,
and you are prohibited from using the Platform for any unlawful purpose or any activity that causes harm to us or any other party. Without limitation, prohibited conduct includes:
5.1.3. reproducing, altering, reselling, distributing, or licensing any aspect of the Platform.
5.1.4. disrupting, interfering with, or adversely affecting the operation or delivery of the Platform.
5.1.5. employing the website or the Platform in a manner that is harmful, abusive, or that infringes upon or violates the rights of any other individual or entity.
5.2. Software
The Platform may enable you to download applications, including mobile software, and/or access hyperlinks, which may be configured to update automatically so that you always have the most current version. Such software may incorporate open-source components governed by their own licence terms, and where applicable, we have made those licences available to you.
5.3. All visual content, including photographs and illustrations, displayed on our website is provided for representational purposes only and may be modified periodically or differ in appearance from any physical counterpart.
5.4. External Content and Hyperlinks
5.4.1. This website and the Platform may contain hyperlinks to external websites or integrate material sourced from third parties.
5.4.2. We exercise no control over and bear no responsibility for the accuracy, completeness, or dependability of any third-party material. Unless we expressly state otherwise, the presence of any hyperlink or third-party reference does not constitute our endorsement of, association with, or liability regarding that link, the content accessed through it, or any relationship with the relevant third party or their offerings.
6. Your Idea — Content
6.1. Your Content
6.1.1. In delivering the Platform, you will submit information and data to us (each an "Input") and will receive outputs based on those Inputs. Together, the Inputs and the outputs constitute the "Content".
6.1.2. You bear sole responsibility for the Content and must ensure that the Content (and any application of the Content) does not contravene, infringe, or breach:
6.1.2.1. any provision of these Terms, including but not limited to clause 5;
6.1.2.2. any applicable legislation,
and, without limiting the foregoing, you warrant that you hold the necessary rights, licences, and/or permissions in relation to the Input(s) and you agree to indemnify us and our Personnel and hold them harmless against any and all Claims arising from or relating to your Input(s).
6.2. Ownership Rights
Subject always to your holding the necessary rights, licences, and/or permissions in respect of the Input(s), and subject to any applicable law:
6.2.1. you retain full ownership of your Input(s); and
6.2.2. you own any resulting Content, and we hereby transfer to you any right, title, or interest we may hold in that Content,
save to the extent that we may utilise and retain the Content for the purposes of maintaining, enhancing, and refining the Platform, complying with applicable legislation, enforcing these Terms, and/or ensuring the safety and security of the Platform and website.
6.3. Given the inherent characteristics of the Platform and artificial intelligence technology broadly, other users may receive Content that is similar to yours depending on their own Inputs, and any transfer of rights is limited accordingly where a third party has independently received the same or substantially identical Content.
7. Disclaimers and Usage
7.1. AI technology is evolving at pace, and we continuously strive to enhance the Platform to deliver greater accuracy, reliability, safety, and value. Notwithstanding our efforts to provide accessible, precise, current, thorough, and legally sound information, we make no representations or warranties of any kind, whether express or implied, regarding:
7.1.1. the accuracy, dependability, fitness for purpose, or availability of any information, products, services, or associated graphical content presented on our website;
7.1.2. the Content being free of inaccuracies, gaps, or distortions,
and the information and Platform outputs do not amount to legal, financial, or professional advice and must not be regarded as such. Users are firmly encouraged to obtain independent, qualified legal and financial guidance prior to entering into any business or contractual commitments.
7.2. The Content may:
7.2.1. contain errors, be incomplete, or include material that may be considered objectionable, though such material does not reflect our views.
7.2.2. reference third-party products, services, or hyperlinks, but the inclusion of such references does not imply endorsement by any third party of us, our website, or the Platform, nor does it imply any affiliation between us and that third party.
7.3. Accuracy
7.3.1. By the nature of AI-generated outputs, the Platform depends on your Inputs and the data you supply to us and our systems. We bear no responsibility for evaluating the truthfulness, legitimacy, or authenticity of the information and Inputs you submit when accessing and using the Platform.
7.3.2. Owing to the probabilistic nature of machine learning, use of the Platform may, in certain circumstances, yield Content that does not accurately represent real individuals, locations, or facts. Without restricting any other acknowledgements herein, by accessing and using the website, you confirm and agree that:
7.3.2.1. the Content may not always be accurate, and you undertake not to treat the Content from our website as the definitive or sole source of factual information.
7.3.2.2. you are responsible for and must independently verify the truthfulness, legitimacy, and authenticity of the information and Inputs you provide and of the Content that results.
7.3.2.3. you shall not use the Content, where it pertains to an individual or organisation, for any purpose that could produce a legal or material consequence for that individual or organisation, including but not limited to matters affecting education, employment, accommodation, insurance, legal proceedings, and/or medical decisions.
8. Liability Limitation and Indemnification
To the fullest extent allowed by law:
8.1. we and our Personnel:
8.1.1. disclaim all liability arising from the use or misuse of our website, the Platform, or any Content; and
8.1.2. shall have no liability for any Claim resulting from the use or misuse of the website, the Input(s), the Platform, and/or the Content, including without limitation any indirect or consequential loss or damage, or any loss, damage, or Claim whatsoever arising from data loss or loss of profits in connection with the use or misuse of the website, the Input(s), the Platform, and/or the Content.
8.2. Without restricting the above, you agree that your access to and use of our website, the Platform, and any Content is at your absolute discretion and you undertake in any event to indemnify us and our Personnel and hold us harmless in connection with:
8.2.1. your use of the website, the Platform, and/or the Content;
8.2.2. your negligent, careless, or improper use (or misuse) of our website, the Platform, and/or the Content;
8.2.3. any accident or damage to property, personal injury, or death sustained by any person in connection with our website, the Platform, and/or the Content;
8.2.4. your breach of these Terms and/or violation of any third-party rights;
8.2.5. your Input(s); and/or
8.2.6. your infringement of any rights of another individual or entity where you seek to rely upon or reference our website or any information provided on the website.
8.3. Without acceptance of any liability, you agree that our maximum aggregate liability shall be limited to the total amount paid by you to us during the twelve (12) month period preceding the event giving rise to liability, or One Hundred Dollars (AUD $100), whichever is less.
8.4. Certain jurisdictions do not permit the exclusion of particular warranties or the limitation of liability or damages, and some or all of the provisions in this clause 8 may not be applicable to you. Where such exclusions or limitations are read down, these Terms are intended to restrict our liability and obligations to the maximum extent permissible under the laws of your country of residence.
9. Privacy Policy
9.1. Privacy
9.1.1. We are committed to respecting and safeguarding your privacy and personal information in compliance with the Privacy Act 1988 (Cth).
9.1.2. We gather Personal Data only when it is voluntarily submitted and utilise it exclusively for purposes directly connected with our business operations or our communications with you.
9.1.3. By supplying your Personal Data and accessing the website, you consent to our collection and storage of your Personal Data. Your data will be held securely and will not be disclosed to third parties without your consent, except where required by law.
9.1.4. You may access, correct, or request deletion of your Personal Data at any time by reaching out to us directly.
9.2. Categories of Personal Information Collected
9.2.1. Beyond Personal Data, we also gather personal information from various sources to deliver the Platform effectively. The nature of this information depends on how you engage with our website.
9.2.2. Information obtained directly from you may include, without limitation:
9.2.2.1. contact information such as your name, address, telephone number, and email;
9.2.2.2. billing information including your billing address and payment confirmation;
9.2.2.3. account details such as your username, password, security questions, and other data used for account verification; and
9.2.2.4. any messages or communications related to customer support interactions.
9.3. Methods of Collecting Your Personal Information
9.3.1. We may obtain your personal information directly from you, from publicly accessible sources and databases, through statutory, regulatory, or governmental processes, and from third parties whom you have authorised to share your personal information with us.
9.3.2. Should we receive unsolicited personal information about you, we will evaluate whether we would have been entitled to collect it. If we determine that we would not have been entitled to collect the information, we will destroy or de-identify it as promptly as practicable (where it is lawful and reasonable to do so).
9.4. Safeguarding Personal Information
We may share your Personal Data in various circumstances, including but not limited to:
9.4.1. with third parties where you have given your consent to such use or disclosure; and
9.4.2. where mandated or permitted by law,
and we do not engage in the sale of any of your Personal Data or information.
9.5. We maintain your Personal Data and information using methods that reasonably guard against misuse, loss, and unauthorised access, alteration, or disclosure. This encompasses electronic, physical, and procedural security protocols to protect your data.
9.6. Data Retention
We retain your Personal Data only for as long as is reasonably required to fulfil the purposes for which it was initially collected. Relevant considerations include whether your information and/or Personal Data remains necessary for the provision of the Platform. This approach is designed to meet our legal and regulatory obligations.
10. Cookies
10.1. In common with many websites, we deploy cookies on our website to enhance your browsing experience. Cookies are small data files that are downloaded and saved to your computer's browser directory when you visit our website.
10.2. We employ cookies to power and improve our website and the Platform (including to recall your preferences and actions), to conduct analytics and gain insights into how users interact with the Platform (in pursuit of our legitimate interests in administering, improving, and optimising the Platform). We may also allow third parties and service providers to deploy cookies on our website to refine the services, products, and advertising presented on our website. Cookies enable us to gather data such as:
10.2.1. your device's IP address and other technical details;
10.2.2. the date and time of your visit and the duration of your session;
10.2.3. the pages and content you accessed during your visit; and
10.2.4. the browser type you are using.
10.3. Most browsers are configured to accept cookies automatically, though you may adjust your browser settings to reject or delete cookies. Be aware that disabling cookies may adversely affect your experience and may cause certain features or functionality of the Platform to operate improperly or become unavailable.
11. Changes to Platform Functionality
11.1. We retain the right to modify or update the content of this website at any time without advance notice, at our sole discretion and as we see fit.
11.2. We may alter or withdraw any AI-driven feature at any time, without notice, and make no representations or warranties concerning the outcome of any such change.
11.3. We may, at our sole discretion, convert any AI feature on the Platform to a paid offering.
12. Cyber Security and Fraud Awareness
12.1. We implement reasonable measures to protect our website and its users from cyber threats, including but not limited to malware, phishing, and unauthorised access. Nevertheless, we cannot guarantee that the website will be entirely free from vulnerabilities or security incidents.
12.2. By using our website, you acknowledge and accept that you do so at your own risk.
12.3. Without limiting any other provision herein, we disclaim liability for any Claim arising from cyber incidents, including data breaches (encompassing any compromise of Personal Data) or service interruptions, to the fullest extent permitted by law.
12.4. We will never request Personal Data or payment from you outside of our official website and channels. To the fullest extent permitted by law, we bear no liability for any loss you incur if you provide Personal Data to a fraudulent website or scheme that impersonates our official website or channels.
13. Pricing
13.1. Our pricing is subject to change.
13.2. The fee payable for the Platform is the rate in effect on the date you subscribe.
13.3. We are not obligated to supply the Platform at prices displayed on the website where such pricing contains errors or omissions. Should the actual price differ from that shown on the website, you will be notified and given the opportunity to cancel your order.
13.4. All prices quoted for goods are displayed in United States Dollars (USD) and are inclusive of GST.
13.5. Any pricing listed on this website is indicative only and may be revised without notice at any time and at our discretion.
13.6. Stated prices may not incorporate applicable GST or additional charges.
13.7. You acknowledge and agree that the pricing for any subscription or Platform feature is subject to adjustment at our absolute discretion at any time.
14. Intellectual Property
14.1. Our Intellectual Property
14.1.1. All website content and any Intellectual Property, including text, imagery, graphics, designs, trademarks, and logos, is and remains the property of Tactyl or its Personnel and is protected under applicable intellectual property legislation.
14.1.2. Unauthorised reproduction, distribution, or reuse of any content or Intellectual Property belonging to us without our prior written consent is strictly prohibited.
14.2. Third-Party Intellectual Property
14.2.1. Any Intellectual Property belonging to a third party, including text, imagery, graphics, designs, trademarks, and logos, remains the property of that third party or its affiliates and representatives and is protected under applicable intellectual property legislation.
14.2.2. Unauthorised reproduction, distribution, or reuse of any content or Intellectual Property belonging to any third party without that party's prior written consent is strictly prohibited.
14.3. Third-Party Copyright
Where a third party holds copyright over material that appears on our website, that copyright remains with the relevant third party. Permission from the copyright holder must be obtained before using any such material.
15. Social Media
15.1. We operate accounts on Instagram, X, YouTube, LinkedIn, and Facebook, though we are not endorsed by or affiliated with any of those organisations (our "Social Media Accounts"). You are solely responsible for any material you publish on our Social Media Accounts.
15.2. You must not post on any of our Social Media Accounts any material that:
15.2.1. is abusive, defamatory, offensive, or threatening toward us, our staff, or any other person or organisation;
15.2.2. infringes the intellectual property, confidentiality, privacy, or other rights of any person or entity;
15.2.3. breaches the terms and conditions of any Social Media Account provider;
15.2.4. constitutes unsolicited promotion or advertising, unless prior written consent has been obtained from us; or
15.2.5. relates to any unlawful activity.
We retain the right to edit or remove any material you post on our Social Media Accounts.
15.3. Without limiting the above, while visiting any of our Social Media Accounts, you agree to be bound by and comply with the respective terms and conditions imposed by Instagram, X, YouTube, LinkedIn, and Facebook.
16. Termination and Breach
16.1. You are free to discontinue use of our website and the Platform at any time.
16.2. We retain the right, without prior notice, to suspend or terminate access to the website and the Platform at our absolute discretion, including but not limited to circumstances where:
16.2.1. you have breached these Terms (or the Fair Use Policy) or have failed to comply with the law;
16.2.2. your use of or association with the website and the Platform could create risk or harm to us, our reputation, and/or any other user; or
16.2.3. any other conduct that we, in our judgment, consider inappropriate.
16.3. We may terminate your account where:
16.3.1. it has remained inactive for more than six (6) months; or
16.3.2. a payment for your account remains outstanding fourteen (14) days after it became due.
16.4. If you believe that your access has been suspended or terminated in error, you may contact us using the details provided at clause 17.4.
17. General Provisions
17.1. Amendments to Terms
17.1.1. We may revise these Terms from time to time at our discretion.
17.1.2. We will provide you with at least thirty (30) days' advance notice of any amendments to these Terms that materially and adversely affect you. If you do not agree with the changes, you must cease using the Platform and the website.
17.1.3. All other amendments that do not materially and adversely affect you take effect immediately upon being published on our website.
17.1.4. Your continued use of our website following the publication of such amendments will be deemed to constitute your acceptance of them.
17.2. Governing Law
This website and its use are governed by the laws of Australia. By using this website, you consent to the exclusive jurisdiction of the courts of Australia to resolve any disputes arising from its use, and you submit to that jurisdiction.
17.3. Complaints
17.3.1. We treat all complaints with seriousness and will address your concerns within a reasonable timeframe, except where we determine your complaint to be frivolous or vexatious.
17.3.2. If you believe that your intellectual property rights have been infringed, or that there has been a breach of these Terms, please direct your notice to the address below,
and we may remove or disable content that we believe contravenes these Terms or is alleged to be infringing, and will terminate the accounts of persistent infringers where appropriate.
17.3.3. Any complaint must:
17.3.3.1. be submitted in writing;
17.3.3.2. include a signature and verification that the complainant (whether an individual or entity) is authorised and entitled to act;
17.3.3.3. contain a description of the alleged breach; and
17.3.3.4. include your contact information.
17.4. Contact