Terms of Service

You must register for an Account to use the Services. You agree to provide accurate, current, and complete information during registration and to keep your Account details up to date. You may not use a false identity or impersonate another person or entity.

You are solely responsible for:

• Maintaining the confidentiality of your login credentials and API Keys.
• All activity that occurs under your Account, whether or not authorised by you.
• Notifying us immediately at support@thinkfoundry.ai of any unauthorised access or suspected compromise of your Account or API Keys.

We will never ask for your password. API Keys are shown once at generation — store them securely. We cannot recover a lost API Key; you will need to revoke and regenerate it.

Each legal entity may maintain one active Account. Creating multiple Accounts to circumvent rate limits, billing, or access restrictions is prohibited and may result in immediate termination of all associated Accounts.

We offer Free, Pro, and Enterprise Subscription Plans. Each plan includes specified limits on daily Basiq API calls, monthly AI token consumption, and per-minute MCP request rates. Details are published on our pricing page and may be updated from time to time.

Paid plans are billed monthly or annually in advance. All fees are in Australian dollars (AUD) unless otherwise stated. Payments are processed securely by Stripe Inc. By providing payment details, you authorise us to charge your nominated payment method on each renewal date.

We may offer a free trial period for paid plans. At the end of the trial, your plan will automatically convert to a paid subscription unless you cancel before the trial expires. No credit card is required for the Free tier.

You may upgrade your plan at any time; the new rate applies immediately on a prorated basis. Downgrades take effect at the next billing cycle. We do not issue partial refunds for unused capacity when downgrading.

If a payment fails, we will notify you and retry the charge. If payment is not received within 14 days of the due date, we may suspend your Account until the outstanding balance is settled. Accounts suspended for more than 30 days may be terminated.

All fees are non-refundable except where required by Australian Consumer Law. If you believe you have been charged in error, contact us within 30 days of the charge and we will investigate.

All fees are exclusive of GST and applicable taxes. Where applicable, GST will be added to your invoice at the prevailing rate.

• Use the Services to process, store, or transmit data in violation of any applicable law, including the Privacy Act 1988 (Cth), the CDR rules, anti-money laundering laws, or data protection regulations.
• Attempt to gain unauthorised access to any part of the Services, our infrastructure, or other customers' data.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services.
• Resell, sublicense, or otherwise make the Services available to third parties as a standalone product without our prior written consent.
• Transmit malware, viruses, or any code designed to disrupt, damage, or gain unauthorised access to systems.
• Use the Services to conduct fraudulent transactions, identity theft, or phishing.
• Circumvent, disable, or interfere with security features, rate limits, or access controls.
• Use automated scripts to create multiple Accounts or artificially inflate usage metrics.
• Use the Services in any way that could damage, disable, overburden, or impair our infrastructure.
• Scrape, harvest, or otherwise extract data from the Services beyond your authorised access.

You are fully responsible for your End Users' use of Financial Data accessed through your application. You must ensure your application has appropriate privacy policies, consent mechanisms, and terms of service for your End Users, and that their use of Financial Data complies with all applicable laws.

We may investigate any suspected violation of this Acceptable Use Policy. We reserve the right to suspend or terminate access to the Services, with or without notice, for any violation.

Your use of the Services is subject to rate limits based on your Subscription Plan. Limits apply to: MCP requests per minute, Basiq API calls per day, and AI token consumption per month. Current limits are published on our pricing page.

When you exceed a rate limit, requests will return a 429 Too Many Requests response containing the limit type, remaining quota, and the reset timestamp. You may upgrade your plan or purchase additional capacity.

Even where explicit rate limits are not exceeded, we reserve the right to throttle or suspend access where usage is, in our reasonable opinion, abusive, adversely affecting other customers, or inconsistent with normal use patterns for your plan.

You are responsible for managing, rotating, and revoking your API Keys. We recommend rotating API Keys periodically and immediately upon any suspected compromise. We accept no liability for unauthorised use of API Keys that have not been revoked.

All intellectual property rights in the Services, including the MCP server software, tool definitions, dashboard, documentation, trademarks, and all related materials, are owned by or licensed to ThinkFoundry.ai Pty Ltd. These Terms do not grant you any ownership rights in the Services.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal business purposes and to build applications for your End Users.

You retain all rights to data and content you upload or generate through your use of the Services (“Customer Data”). By using the Services, you grant us a limited licence to process Customer Data solely for the purpose of providing the Services to you.

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without compensation or attribution to you.

We target 99.9% monthly uptime for the Services, excluding scheduled maintenance windows and events outside our reasonable control. This target is not a contractual guarantee unless expressly provided in a separate Enterprise SLA agreement.

We will provide at least 24 hours' advance notice of scheduled maintenance that may result in downtime. Emergency maintenance may be performed without notice where necessary to protect security or service integrity.

The Services are provided “as available”. We do not guarantee uninterrupted, error-free access. We will use commercially reasonable efforts to restore service following any outage.

We warrant that:

• We have the legal right to provide the Services.
• We will implement reasonable security measures as described in our Security Policy.
• The Services will materially conform to the documentation during the subscription term.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) FINANCIAL DATA RETRIEVED VIA BASIQ.IO WILL BE ACCURATE, COMPLETE, OR CURRENT; (C) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot be excluded by agreement.

These Terms commence on the date you create your Account and continue until terminated as set out below.

You may terminate your Account at any time via the Account settings in the dashboard. Termination takes effect at the end of your current billing period. You will retain access to the Services until that date.

We may suspend or terminate your Account immediately, with or without notice, if:

• You breach any material provision of these Terms and fail to remedy the breach within 7 days of notice (where the breach is capable of remedy).
• You engage in fraudulent, illegal, or abusive conduct.
• Payment of fees remains outstanding for more than 30 days after the due date.
• We are required to do so by law or regulatory order.
• Providing the Services to you creates a legal, security, or reputational risk.

Upon termination:

• Your licence to use the Services is immediately revoked.
• Your API Keys will be invalidated.
• We will delete your Account data within 30 days, except where retention is required by law.
• You remain liable for any fees accrued up to the termination date.
• Sections 9 (IP), 13 (Warranties), 14 (Liability), 15 (Indemnification), 17 (Governing Law), and any other provisions that by their nature should survive, will survive termination.

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

Before commencing any formal legal proceeding, both parties agree to attempt in good faith to resolve any dispute through the following process:

• Step 1 — Informal notice: The party raising the dispute provides written notice to the other describing the issue and desired resolution.
• Step 2 — Negotiation: Both parties engage in good-faith negotiation for 30 days following receipt of the notice.
• Step 3 — Mediation: If unresolved, either party may refer the matter to mediation under the Australian Disputes Centre (ADC) rules.
• Step 4 — Litigation: If mediation is unsuccessful, either party may commence formal proceedings.

Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief.

These Terms, together with our Privacy Policy, Security Policy, and any applicable Order Form or Enterprise Agreement, constitute the entire agreement between you and ThinkFoundry.ai Pty Ltd with respect to the Services and supersede all prior agreements and understandings.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. A waiver of any breach will not be deemed a waiver of any subsequent breach.

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms or our rights and obligations hereunder to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.

Neither party will be liable for delay or failure to perform obligations (other than payment obligations) due to causes beyond their reasonable control, including natural disasters, acts of government, network outages, or failures of third-party infrastructure providers (including Basiq.io or Stripe).

Legal notices to us must be sent to legal@thinkfoundry.ai. Notices to you will be sent to your registered email address or posted in the dashboard.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between the parties.