Terms of Service

Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Daring Flow ("we," "us," "our"), a sole proprietorship registered in New South Wales, Australia, operating the Ogadu service ("Service") at ogadu.com.

By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms apply to all users, including individual users, organisation admins, and organisation members.

Eligibility

• You must be at least 18 years of age to use the Service
• You must have the legal capacity to enter into a binding agreement
• If you are using the Service on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms
• You must not be located in a country subject to Australian government sanctions or international trade restrictions that would prohibit use of the Service

Account Registration

• You must provide accurate, current, and complete information when registering
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately at contact@ogadu.com if you suspect unauthorised access to your account
• You may not create accounts for others without their consent
• You may not create multiple accounts to circumvent restrictions or credits policies
• We reserve the right to suspend or terminate accounts that violate these Terms

The Service

Ogadu provides:

• AI-powered chat using Claude models, accessible on a pay-as-you-go basis
• Team collaboration tools for human-to-human messaging within projects
• A knowledge base feature allowing users to upload documents for AI-assisted retrieval
• AI Personas (personal, organisation, and platform-provided)
• Chat branching and project organisation tools
• Organisation management with shared billing, member management, and admin controls
• Usage analytics and budget controls

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with reasonable notice where practicable.

Credits, Pricing, and Billing

5.1 Pay-As-You-Go Model

The Service operates on a credit-based, pay-as-you-go model. There are no subscription fees. You pay only for AI token usage consumed.

5.2 Purchasing Credits

• Credits can be purchased through the Service via Stripe
• A minimum top-up amount applies, as displayed at the time of purchase
• Credits are added to your account balance immediately upon successful payment confirmation
• All payments are processed by Stripe; your card details are never stored on our servers

5.3 Credit Usage

• AI usage (chat messages, document processing, and knowledge base features) consumes credits based on token usage
• Human-to-human chat messages within the Service are free and do not consume credits
• Token costs are calculated based on the number of input and output tokens per interaction
• You can monitor your token usage and costs at any time through your personal or organisation billing dashboard

5.4 Pricing and Changes

• Token pricing is based on AI model provider pricing plus a platform fee
• Current pricing is always available on the Pricing page at ogadu.com
• Prices are subject to change. We will provide at least 7 days' notice by email before any price increase takes effect
• Price decreases may be applied immediately without notice

5.5 Credit Expiry

• Purchased credits do not expire
• Complimentary credits may have an expiry date set at the time they are granted. Any expiry date will be communicated to you when the credits are granted. Complimentary credits with no stated expiry do not expire

5.6 Complimentary Credits

We may, at our sole discretion, grant complimentary credits to users. Complimentary credits:

• Have no cash value
• Are non-refundable
• Cannot be transferred
• May have an expiry date as described in Section 5.5

5.7 Taxes

You are responsible for any taxes, duties, or levies applicable to your purchases under the laws of your jurisdiction. Any applicable taxes will be shown at checkout.

Refunds

6.1 Eligibility

You may request a refund of unused purchased credits at any time directly from within the Service dashboard.

6.2 Refund Amount

• Refunds are limited to the value of unused purchased credits only
• Credits that have already been consumed are non-refundable
• Complimentary credits are non-refundable and have no cash value
• Refund amounts are calculated to 2 decimal places

6.3 Partial Refunds

Partial refunds are supported. You may request a refund of some or all of your unused purchased credits.

6.4 Processing

• Refunds are processed via Stripe to your original payment method
• Processing times are subject to Stripe's and your bank's timelines (typically 5–10 business days)
• We do not charge any fee for processing a refund

6.5 No Time Limit

There is currently no time limit on requesting a refund of unused purchased credits. We reserve the right to introduce a reasonable time limit in the future, with advance notice as described in Section 18.

Organisations

7.1 Creating an Organisation

Any registered user may create an organisation. The creator becomes the organisation's first admin. Organisations may be created for any lawful purpose.

7.2 Organisation Billing

• Organisations maintain a shared credit balance
• AI usage on group projects is billed from the organisation balance
• Members retain their personal credit balance separately from the organisation balance

7.3 Organisation Admin Responsibilities

Organisation admins are responsible for:

• (a)
  Membership management

  • Only inviting individuals who have consented to join the organisation on Ogadu
  • Promptly removing members who should no longer have access
  • Maintaining accurate membership
• (b)
  Compliance

  • Ensuring the organisation's use of the Service complies with these Terms and applicable laws
  • Ensuring that organisation members are aware that their usage data (token usage and cost) is visible to organisation admins
  • Complying with applicable privacy and employment laws when reviewing member usage data
• (c)
  Billing accountability

  • Ensuring sufficient credits are maintained to meet the organisation's usage needs
  • Taking responsibility for usage incurred by organisation members within group projects
• (d)
  Acceptable use

  • Ensuring organisation members use the Service in accordance with these Terms
  • Not using the shared organisation balance for prohibited activities under Section 9

7.4 Admin Visibility

Organisation admins can view:

• Each member's token usage and credit spend within the organisation
• Project-level usage and spend
• Full transaction history for the organisation balance

Organisation admins cannot view:

• Members' personal projects or personal conversations
• Members' personal credit balances or personal billing history

7.5 Leaving or Dissolving an Organisation

• Members may leave an organisation at any time
• If the sole admin deletes their account, the organisation and all associated data will be deleted
• Admins may transfer admin rights to another member before leaving
• We are not liable for data loss resulting from an admin dissolving an organisation or deleting projects

Projects and Content

8.1 Project Types

• Personal projects: AI usage billed to your personal balance. You can choose whether each collaborator pays from their own balance or you (as the creator) pay for all usage
• Group projects: AI usage billed to the organisation's shared balance

8.2 Budget Caps

You may set a credit spending cap on any project. When the cap is reached, AI usage on that project stops automatically. We are not liable for usage that occurs up to the cap limit.

8.3 Project Deletion

• Project admins may delete a project at any time
• Deletion permanently removes all messages, uploaded documents, and associated knowledge base content
• Deletion is irreversible. We do not maintain backups available for restoration of deleted project data on request

8.4 Your Content

• You retain ownership of all content you upload or create within the Service
• By uploading content, you grant us a limited, non-exclusive licence to store, process, and transmit that content solely to provide the Service to you
• This licence terminates when you delete the content or your account
• We do not claim ownership of your content and do not use it for any purpose beyond operating the Service

Acceptable Use

You agree not to use the Service to:

• (a)
  Violate any applicable law or regulation in any jurisdiction
• (b)
  Upload, transmit, or generate content that is:

  • Illegal (including content that violates intellectual property, defamation, or privacy laws)
  • Harmful, threatening, abusive, harassing, or discriminatory
  • Child sexual abuse material or any content that exploits or harms minors
  • Designed to facilitate violence or terrorism
• (c)
  Attempt to reverse-engineer, scrape, or extract the underlying AI models
• (d)
  Resell, sublicense, or provide API-like access to the Service's AI capabilities to third parties without our written consent
• (e)
  Use the Service to train competing AI models
• (f)
  Attempt to circumvent usage limits, credit systems, or billing mechanisms
• (g)
  Introduce malware, viruses, or malicious code
• (h)
  Interfere with or disrupt the Service's infrastructure
• (i)
  Impersonate any person or entity
• (j)
  Use automated tools to access the Service in a manner that unreasonably burdens our infrastructure
• (k)
  Upload or process personal information of third parties without their consent and a lawful basis for doing so

We reserve the right to suspend or terminate accounts that violate this section. Where termination is due to a breach of this section, unused purchased credits may be withheld to the extent permitted by law.

Intellectual Property

10.1 Our IP

All rights, title, and interest in the Ogadu platform, its design, software, branding, and documentation are owned by or licensed to Daring Flow. Nothing in these Terms grants you any rights in our intellectual property.

10.2 Your Content

You retain full ownership of content you upload or create. See Section 8.4.

10.3 AI-Generated Output

You are solely responsible for AI-generated content produced through your use of the Service. We make no claim of ownership over AI output generated at your direction. You should independently verify AI-generated content before relying on it for important decisions.

10.4 Feedback

If you provide us with feedback or suggestions about the Service, you grant us the right to use that feedback without restriction or compensation to you.

Third-Party Services

The Service relies upon third-party services including Amazon Web Services (AWS) for cloud infrastructure and AI model inference, and Stripe for payment processing. Your use of the Service is also subject to the applicable terms of these providers. We are not responsible for the acts or omissions of third-party providers, but we will notify you of material changes to key integrations that affect your use of the Service.

Disclaimers and Limitation of Liability

12.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including:

• Fitness for a particular purpose
• Merchantability
• Uninterrupted or error-free operation
• Accuracy or reliability of AI-generated content

12.2 AI Content Disclaimer

12.3 Limitation of Liability

To the maximum extent permitted by applicable law:

• (a)
  Our total liability to you for any claim arising out of or in connection with the Service shall not exceed the greater of (i) the total amount you paid us in the 3 months preceding the claim, or (ii) $50 USD
• (b)
  We shall not be liable for any:

  • Loss of profits or revenue
  • Loss of data (beyond our obligations in these Terms)
  • Indirect, incidental, special, or consequential damages
  • Business interruption
• (c)
  These limitations apply whether the claim arises in contract, tort, or otherwise

12.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law where it cannot be lawfully excluded. Where our liability cannot be excluded under Australian Consumer Law, our liability is limited to resupplying the Service or refunding the cost of the affected Service, at our discretion.

12.5 EU and UK Consumer Rights

If you are a consumer located in the European Union or United Kingdom, nothing in these Terms affects your statutory rights under applicable mandatory consumer protection laws in your jurisdiction. Such rights cannot be waived by contract.

Indemnification

You agree to indemnify, defend, and hold harmless Daring Flow, its owner, and any contractors or service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Content you upload, transmit, or generate using the Service
• Your organisation's use of the Service (if you are an organisation admin)

Availability and Maintenance

• We do not guarantee uninterrupted availability of the Service
• We may perform maintenance that requires temporary downtime, with notice where practicable
• We are not liable for Service interruptions caused by third-party providers or events outside our reasonable control (see Section 16)
• Credits are not automatically refunded for downtime; however, you may always request a refund of unused purchased credits under Section 6

Account Termination

15.1 By You

You may delete your account at any time from within the Service. The effects of deletion are described in Section 8 of the Privacy Policy.

15.2 By Us

We may suspend or terminate your account if you:

• Breach these Terms
• Engage in fraudulent or abusive behaviour
• Are required to be suspended by law or court order

Where we terminate your account for reasons other than your breach, we will refund your unused purchased credits. Where we terminate for breach, we may withhold a refund to the extent permitted by law.

15.3 Effect of Termination

On termination, your right to use the Service ceases immediately. Sections 8.4, 10, 12, 13, and 17 survive termination.

Force Majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including natural disasters, war, civil unrest, government actions, internet or telecommunications failures, third-party service provider outages, or pandemic.

Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

17.2 Informal Resolution First

Before initiating any formal legal proceedings, you agree to contact us at contact@ogadu.com and give us 30 days to attempt to resolve the dispute informally. We will do the same before taking any action against you. This requirement does not apply where urgent injunctive or equitable relief is required.

17.3 Formal Proceedings

If the dispute is not resolved informally, it shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17.4 EU and UK Consumers

If you are a consumer in the EU, you may also be entitled to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr. UK consumers may contact the relevant UK alternative dispute resolution body. Nothing in this section limits your statutory rights as a consumer.

Changes to These Terms

We may update these Terms at any time. For material changes:

• We will update the "Last updated" date
• We will notify you by email at least 14 days before the change takes effect
• Your continued use of the Service after the effective date constitutes acceptance

If you do not accept updated Terms, you should stop using the Service and may request a refund of any unused purchased credits before the effective date.

General

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Daring Flow regarding the Service
• Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in full force
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign your rights under these Terms. We may assign our rights in connection with a business transfer, with notice to you
• Language: These Terms are provided in English. Translations are for convenience only; in the event of conflict, the English version prevails