MAKO Terms.

1. This agreement

MAKO is a conversational AI messaging platform operated by You Better Ask ABN 45 693 250 645 (“we”, “us”, “our”). These terms govern your access to and use of MAKO, including the operator dashboard at mako.youbetterask.ai, the messaging channels we connect on your behalf, and any associated tools and APIs.

By using MAKO — or by authorising us to connect a messaging account on your behalf — you agree to these terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business, and “you” means that business.

If we have signed a separate written agreement with you, that agreement prevails to the extent of any inconsistency with these terms.

2. Definitions

• Brand — the business that holds a MAKO account and whose customer conversations are managed through it.
• End customer — a person who messages a Brand through a channel powered by MAKO.
• Channel — a connected messaging account, such as a WhatsApp Business number, a LINE account, or a website chat widget.
• Brand content — the AI instructions, knowledge-base documents, product and pricing information, media, and settings you supply to MAKO.
• Conversation data — messages, attachments, contact records, and related metadata exchanged through a Channel.

3. Accounts and access

MAKO has no public self-registration. Accounts are created by us, or by an administrator within your own business. You are responsible for all activity under your accounts and for keeping credentials secure.

Each user must have their own account. You must not share logins between people, and you must tell us promptly if you believe an account has been compromised. We recommend enabling two-factor authentication, which we provide at no extra cost.

Your plan may limit the number of user accounts, connected Channels, or other resources. We will tell you what those limits are before they apply.

4. The service

MAKO receives messages sent to your connected Channels, generates replies using an AI provider you select, and lets your staff monitor conversations and take over from the AI at any time. Depending on your configuration it may also produce conversation summaries and reporting, create orders, and issue payment links.

We may add, change, or remove features over time. Where a change materially reduces functionality you rely on, we will give you reasonable notice.

5. Your responsibilities

You are responsible for:

• The accuracy of the Brand content you supply — including prices, availability, and any claims about your products or services. MAKO presents what you give it.
• Having a lawful basis to message your End customers, and obtaining any consent required under applicable privacy, spam, and telecommunications laws.
• Complying with the terms and policies of the messaging platforms you connect, including Meta’s WhatsApp Business Terms and Commerce and Business policies, and LINE’s equivalents.
• Reviewing conversations and intervening where a matter needs human judgement, including complaints, disputes, and anything with legal or safety implications.
• Keeping the contact details and staff rosters in your account current, so notifications reach the right people.

6. Acceptable use

You must not use MAKO to:

• Send unsolicited bulk or marketing messages, or message people who have asked not to be contacted.
• Send unlawful, misleading, deceptive, harassing, defamatory, or harmful content, or content that infringes another person’s rights.
• Impersonate another business or person, or misrepresent your relationship with one.
• Collect, infer, or store sensitive information you do not need, or use conversation data for a purpose your End customers would not reasonably expect.
• Attempt to gain access to another brand’s data, probe or circumvent our security controls or rate limits, or reverse engineer the platform.
• Resell or provide MAKO to a third party as your own service without our written agreement.

We may investigate suspected breaches and take the steps described in clause 13.

7. AI-generated messages

MAKO drafts and sends messages automatically, under your business name, according to the instructions and knowledge you configure. AI output can be wrong, incomplete, or inappropriate to a particular situation, and it can misread what a customer meant.

You are responsible for messages sent from your Channels, whether written by your staff or generated by the AI. We provide controls — instructions, notices, item availability, handoff to a human, and the ability to turn automatic replies off entirely — and it is your responsibility to configure and monitor them for your business.

We do not warrant that AI-generated replies will be accurate, complete, or suitable for any particular purpose. Do not rely on MAKO for advice that requires a licensed professional.

8. Messaging platforms and other third parties

MAKO depends on services operated by others — including Meta (WhatsApp Business Platform), LINE, your chosen AI provider (Anthropic, OpenAI, or Google), and payment providers (Stripe and Square). Your use of those services through MAKO is also subject to their terms, and you agree to comply with them.

Those providers may change their terms, pricing, features, or policies, and may restrict, suspend, or disconnect an account — including yours — for reasons outside our control. We are not responsible for their acts, omissions, availability, or charges, and a change or suspension by a provider is not a breach of these terms by us.

Where a platform requires it, connecting a Channel through MAKO means you are also accepting that platform’s terms for business messaging directly with them.

9. Fees and messaging charges

Subscription fees for MAKO are as agreed with you in writing. Unless stated otherwise, fees are in Australian dollars and exclusive of GST, and are payable in advance.

Messaging charges are separate and are not ours. Meta and LINE charge for message delivery under their own pricing, billed directly to your account with them using the payment method you provide. We do not set those prices, do not collect them, and are not responsible for changes to them. You are responsible for keeping a valid payment method on file with the platform, and messages will stop being delivered if you do not.

Where MAKO creates payment links on your behalf, funds settle to your own connected Stripe or Square account, less any fees disclosed to you and any amounts those providers deduct.

10. Your data and privacy

As between you and us, you own your Brand content and Conversation data. You grant us the rights necessary to host, process, transmit, and display it for the purpose of providing MAKO to you.

In relation to your End customers’ personal information, you are the controller and we act as your processor, handling it on your instructions in order to provide the service. Each brand’s data is isolated from every other brand’s, and we do not use one brand’s conversations to serve another. Our Privacy Policy describes what we collect, how it is stored and protected, the third parties it is shared with, and how deletion can be requested.

You warrant that you have the right to provide us with the personal information you supply or cause to be collected, and that doing so does not breach any law or any agreement with your End customers.

We may use aggregated and de-identified information — which cannot reasonably identify you, your business, or any individual — to operate, secure, and improve the platform.

11. Intellectual property

We own all intellectual property rights in MAKO, including the platform, its software, design, and documentation. These terms grant you a non-exclusive, non-transferable right to use MAKO during your subscription, and nothing more.

You retain all rights in your Brand content. If you give us feedback or suggestions, we may use them without obligation to you.

12. Availability and support

We aim to keep MAKO available and will give reasonable notice of planned maintenance where we can. We do not guarantee uninterrupted or error-free operation, and no service level applies unless we have agreed one with you in writing.

Support is provided during Australian business hours by email at hello@youbetterask.ai.

13. Suspension and termination

We may suspend or limit your access immediately where we reasonably believe it is necessary to protect the platform, another customer, an End customer, or us — including for a breach of clause 6, a security incident, non-payment, or a requirement imposed by a messaging platform or by law. We will tell you why, and restore access once the issue is resolved where we reasonably can.

Either party may terminate on 30 days’ written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.

On termination your access ends and connected Channels are disconnected. You may request an export of your Conversation data within 30 days of termination, after which we may delete it. Deletion requests are handled as described in our Data Deletion Policy. Clauses 10, 11, 14, 15 and 17 survive termination.

14. Liability

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited to resupplying the service or paying the cost of resupply.

Subject to the paragraph above, neither party is liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, business opportunity, or data, however arising.

Subject to the first paragraph of this clause, our total aggregate liability arising out of or in connection with these terms is limited to the fees you paid us for MAKO in the 12 months before the event giving rise to the liability.

We are not liable for loss arising from messages sent from your Channels, whether AI-generated or sent by your staff, or from the acts, omissions, pricing changes, or suspensions of a third-party platform.

15. Indemnity

You indemnify us against any claim, loss, or liability arising from your Brand content, your use of MAKO in breach of these terms or of any law, or a claim by an End customer or a third party in relation to messages sent from your Channels — except to the extent caused by our own breach or negligence.

16. Changes to these terms

We may update these terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Where a change materially affects your rights, we will give you reasonable notice before it takes effect. Continuing to use MAKO after that date means you accept the updated terms.

17. General

These terms are governed by the laws of Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of that State.

Neither party is liable for a failure to perform caused by something beyond its reasonable control. You may not assign these terms without our consent; we may assign them to a successor of our business. If a provision is unenforceable, it is severed and the rest continues. A failure to enforce a right is not a waiver of it. These terms, together with any written agreement between us and the documents they refer to, are the entire agreement between the parties.