Pinksheep Terms of Service

Welcome to Pinksheep. These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether an individual or an entity) and Marshall Tech Group Pty Ltd (ABN 37 682 034 091), operating under the product name “Pinksheep” (“Pinksheep”, “we”, “us”, or “our”).

These Terms govern your access to and use of the Pinksheep website, platform, application programming interfaces (APIs), and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms, you are prohibited from using the Services and must discontinue use immediately. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Subject to these Terms, Pinksheep grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes.

The Services enable you to create and run AI-powered Agents that can read from and, depending on your configuration, write to third-party services you connect.

1. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

2. Definitions

• “Agent” refers to the AI-driven workflow, automation, or bot configured and created by you via the Services.
• “Connected Accounts” refers to third-party software, applications, or services (such as CRMs, email providers, or messaging platforms) that you authorize Pinksheep to access on your behalf.
• “Customer Data” refers to any text, prompts, information, or materials you input into the Services, as well as any data retrieved from your Connected Accounts by your Agents.
• “AI Output” refers to any content generated, or actions executed, by the Agent through the Services.
• “Credits” refers to the usage-based currency purchased or allocated to your account, used to execute Agent runs or specific processing steps.
• “Third-Party Services” refers to Connected Accounts and any other third-party products or services you use with the Services.

3. Account Registration and Security

To use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.

You are entirely responsible for maintaining the confidentiality of your account credentials, including API keys and passwords. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your credentials.

4. Use of the Services and Connected Accounts

4.1. Authorization and Access. Pinksheep allows you to build Agents that interact with your Connected Accounts. By connecting a third-party account to Pinksheep, you explicitly grant us and our integrated systems permission to access, read, modify, create, and delete data within those Connected Accounts, strictly in accordance with the configurations and blueprints of the Agents you create. Your use of any Third-Party Services is governed by your agreement with those providers. We do not control and are not responsible for Third-Party Services.

4.2. User Responsibility for Agent Actions. You are solely responsible for the actions your Agents take within your Connected Accounts. Pinksheep brokers the connection based on your instructions. We do not independently verify the business logic or the appropriateness of the actions you configure your Agents to perform.

4.3. Autonomy Dials and Approval Modes. Pinksheep provides varying levels of autonomy for your Agents, typically categorized as “Observe”, “Propose”, and “Act”.

• Propose Mode: The Agent drafts actions and waits for your explicit human approval before executing any write operations in a Connected Account. We strongly recommend using this mode for all sensitive workflows.
• Act Mode: The Agent executes actions autonomously without prior human review. If you set an Agent to Act mode, you assume full and absolute risk for any modifications, deletions, communications, or other actions performed by the Agent in your Connected Accounts.

5. AI Outputs, Hallucinations, and Accuracy

5.1. Probabilistic Nature of AI. You acknowledge that the Services utilize machine learning models and third-party artificial intelligence providers to generate AI Outputs. AI systems are probabilistic and not deterministic.

5.2. No Guarantee of Accuracy. AI Outputs may contain errors, inaccuracies, or “hallucinations”. Pinksheep makes no warranties or guarantees regarding the accuracy, completeness, reliability, or suitability of any AI Output.

5.3. Human Review. You are strongly advised to independently verify all AI Outputs before relying on them, publishing them, or allowing Agents to take irreversible actions based upon them. Pinksheep shall not be liable for any business losses, reputational damage, or data corruption resulting from your reliance on inaccurate AI Outputs.

6. Acceptable Use and Restrictions

You agree not to use the Services in any way that violates applicable law, infringes on the rights of others, or interferes with the operation of the Services.

6.1. Prohibited Uses. You must not use the Services to:

• Generate or distribute illegal, defamatory, harassing, or sexually explicit content.
• Generate or distribute spam, unsolicited communications, or malware.
• Scrape, reverse engineer, or attempt to extract the source code or underlying models of the Services.
• Bypass or attempt to circumvent any rate limits, security measures, or billing mechanisms.
• Process highly sensitive personal data without proper authorization.
• Perform high-risk activities where AI failure could lead to physical harm, death, or severe environmental damage.
• Provide regulated medical, legal, or financial advice without human professional oversight.

6.2. API and MCP Usage. If you export your Agent as a Machine Control Plane (MCP) endpoint or access the Services via API, you agree to secure your API keys. You may not resell or white-label the API access without our explicit written consent.

7. Intellectual Property and Data Rights

7.1. Our Intellectual Property. Pinksheep and its licensors retain all right, title, and interest in and to the Services, including all software, user interfaces, design elements, templates, and associated documentation.

7.2. Your Intellectual Property. You retain all rights and ownership to your Customer Data and the specific prompts and workflow configurations you create.

7.3. License to Pinksheep. You grant Pinksheep a worldwide, non-exclusive, royalty-free license to access, process, and store your Customer Data solely for the purposes of providing the Services to you, maintaining audit logs, preventing abuse, and troubleshooting technical issues.

7.4. AI Training Stance. We respect the privacy of your business data. Pinksheep does not use your Customer Data or data retrieved from your Connected Accounts to train our proprietary foundational AI models. Some features of the Services require sending prompts and relevant context to third-party AI model providers to generate AI Output. We take steps designed to prevent those providers from using the content we submit via their APIs to train their publicly available models. Depending on the provider and configuration, those providers may retain submitted content for a limited period to provide the service, maintain safety, prevent abuse, or comply with legal obligations.

7.5. Your Responsibilities for Customer Data. You represent and warrant that you have all rights, permissions, and lawful bases required to provide Customer Data to the Services and to authorize access to any Connected Accounts. If Customer Data includes personal information about individuals other than you (for example, your customers, employees, or contacts), you are responsible for providing any required notices and obtaining any required permissions or consents.

7.6. AI Output Ownership. As between you and Pinksheep, you own AI Output generated for you by the Services to the extent permitted by law. AI Output may not be unique, and other users may receive similar AI Output.

7.7. Shared Artifacts and Public Content. The Services may allow you to publish, share, or make available certain content, Agents, templates, workflows, outputs, or other materials (collectively, “Shared Artifacts”). If you choose to share a Shared Artifact publicly or with others, you understand that it may be viewed, copied, used, and redistributed by others. You should not include confidential information, personal information you are not authorized to share, or other sensitive data in Shared Artifacts.

You are responsible for Shared Artifacts you create or share. You represent and warrant that you have all rights needed to share them and that they do not violate law or third-party rights.

When you share a Shared Artifact, you grant Pinksheep a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify for formatting or safety, distribute, and publicly display the Shared Artifact as necessary to operate the Services and to make the Shared Artifact available to the audience you select.

You can stop sharing by unpublishing or deleting the Shared Artifact, but copies may persist in backups for a limited period and may remain available where others have previously accessed or saved them. We may remove or restrict access to any Shared Artifact at any time, including if we believe it violates these Terms.

7.8. Copyright and IP Complaints. If you believe content on the Services infringes your copyright or other intellectual property rights, please contact us at legal@pinksheep.ai with: (a) identification of the work you claim is infringed, (b) identification of the allegedly infringing content and where it is located, (c) your contact details, and (d) a statement that you have a good faith belief the use is not authorized by the rights holder, its agent, or the law. We may remove or disable access to content we believe infringes, and we may terminate accounts of repeat infringers. For more information, see our Copyright Policy.

8. Billing, Credits, and Refunds

8.1. Credit Consumption. The Services are billed on a usage basis utilizing Credits, or via tiered subscription plans that include a specific allotment of Credits. Credits are consumed when Agents execute runs or perform specific computational steps.

8.2. Purchases. All fees are stated in the currency specified at checkout. You authorize us and our third-party payment processors to charge your selected payment method for any purchases made.

8.3. Proactive Refunding of Credits. In the event of an internal platform error or a failure of a third-party API that causes an Agent run to fail, our systems may automatically refund the Credits consumed for that specific failed run back to your Pinksheep account balance. This is a platform feature designed for fairness.

8.4. No Cash Refunds. Unless strictly required by the Australian Consumer Law (ACL) or other applicable mandatory consumer protection laws, all cash purchases of subscriptions or Credit packs are final and non-refundable. We do not provide refunds or credits for partially used billing periods or unused Credits.

9. Disclaimers and Limitation of Liability

9.1. “AS IS” Basis. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Pinksheep disclaims all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

9.2. Third-Party Services. We are not responsible for the availability, uptime, or functionality of your Connected Accounts or third-party AI Model Providers.

9.3. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Marshall Tech Group Pty Ltd, its directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.

Under no circumstances will Pinksheep’s total liability to you for all claims arising out of or related to these Terms or the Services exceed the total amount paid by you to Pinksheep in the twelve (12) months immediately preceding the event giving rise to the liability.

9.4. Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable law which cannot lawfully be excluded, restricted or modified. If any statutory guarantee applies, our liability for a breach of that guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marshall Tech Group Pty Ltd and its affiliates, officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Services.
• Your violation of any term of these Terms.
• Any actions taken by your Agents within your Connected Accounts (including data deletion, data modification, or unauthorized communications sent to third parties).
• Your violation of any third-party right, including without limitation any privacy or intellectual property right.

11. Termination and Suspension

We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, at any time, and without prior notice or liability, for any reason, including but not limited to a breach of these Terms or suspected fraudulent or abusive activity.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

If you have a dispute with us, you agree to contact us first and attempt to resolve the dispute in good faith.

You agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, to resolve any legal matter arising from these Terms.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 14 days’ notice prior to any new terms taking effect. Notice may be provided via email or by prominently posting a notice on the Services. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14. Miscellaneous

Entire Agreement. These Terms and the Privacy Policy form the entire agreement between you and Pinksheep regarding the Services and supersede any prior agreements on the subject.

Additional Policies and Addenda. Additional terms or policies may apply to certain features, including a Cookie Policy and, for business customers, a Data Processing Addendum. If there is a conflict, those additional terms will control for the relevant feature or processing activity.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

No Waiver. If we do not enforce a provision of these Terms, it is not a waiver of our right to do so later.

Force Majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.

15. Contact Information

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

Marshall Tech Group Pty Ltd
Suite 110, 147 King Street
Sydney NSW 2000
Australia
Email: legal@pinksheep.ai