These Terms of Service ("Terms") form a binding agreement between you and Kilkelly Enterprises (ABN 82 862 013 361), trading as Clearway Apps ("we", "us", or "our"). By accessing or using any Clearway Apps product or service — including FounderForge AI, Flatmate Flow, and any other apps or websites we operate — you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our services. These Terms apply worldwide to all users regardless of location.
You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), to use our services. By using our services you represent and warrant that you meet this requirement, that you have the legal capacity to enter a binding agreement, and that your use of our services does not violate any law applicable to you. If you are using our services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised access or suspected breach. We may refuse service, close accounts, or remove content at our discretion where there is a legitimate reason to do so (such as violation of these Terms, suspected fraud, or legal requirement).
You may use our services for lawful purposes only. You agree not to:
We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.
Content you create using our apps — including business plans, household data, notes, documents, and other materials ("Your Content") — remains yours. We do not claim ownership. By using our services, you grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, display, and transmit Your Content solely to the extent necessary to provide the service to you and those you share it with (for example, other members of your household in Flatmate Flow). This licence ends when you delete Your Content or your account, except for residual copies in backups that purge on their regular cycle.
You are solely responsible for Your Content and for ensuring that it does not infringe any third-party right or violate any law. You warrant that you have all rights necessary to submit Your Content and to grant the licence above.
Our services use artificial intelligence (including large language models supplied by third parties) to generate content such as business plans, financial forecasts, market research, and other outputs. This AI-generated content is provided for general informational and planning purposes only. It does not constitute, and must not be relied upon as, professional financial, legal, accounting, tax, investment, medical, or business advice.
AI outputs may contain errors, inaccuracies, fabricated facts ("hallucinations"), or omissions, and do not account for your specific personal or business circumstances. You must independently verify AI-generated content and always seek qualified professional advice — for example from an accountant, financial adviser, lawyer, or tax professional licensed in your jurisdiction — before making any significant financial, legal, or business decision. Clearway Apps accepts no responsibility for any decision made in reliance on AI-generated content.
You are responsible for your use of AI outputs, including checking outputs for accuracy, appropriateness, compliance with applicable law, and infringement of third-party rights.
Paid plans are billed on a recurring basis (monthly or annually) in Australian Dollars (AUD), or in the currency displayed at checkout, unless otherwise stated. Payments are processed securely by Stripe. By providing payment information, you authorise us (via Stripe) to charge the applicable fees, plus any applicable taxes, to your chosen payment method on each renewal date.
You may cancel at any time from your account settings — your access continues until the end of the current paid billing period, after which the subscription will not renew. Except where required by mandatory consumer-protection law, we do not provide refunds for partial billing periods or for unused time. We reserve the right to change pricing with at least 30 days' notice to existing subscribers; changes apply to your next renewal.
You are responsible for any applicable taxes, duties, or levies (including GST or VAT) imposed on your subscription by your jurisdiction unless we are legally required to collect and remit them.
Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies those guarantees. Where our liability for breach of a non-excludable guarantee may be limited, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.
European Union / United Kingdom: If you are a consumer resident in the EU or UK, you have non-waivable rights under the law of your country (including the EU Consumer Rights Directive and equivalent UK law). Nothing in these Terms limits those rights.
New Zealand: If you are a consumer, the Consumer Guarantees Act 1993 (NZ) applies and is not excluded.
Other jurisdictions: If mandatory consumer law in your country provides rights greater than those in these Terms, those rights are not affected by these Terms.
To the maximum extent permitted by applicable law, our services are provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that AI-generated content will be accurate, complete, current, or fit for any particular purpose.
This Section 9 does not exclude, restrict, or modify any non-excludable consumer guarantee or warranty under applicable law (see Section 8).
To the maximum extent permitted by applicable law, Kilkelly Enterprises and its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of our services — including loss of profits, loss of revenue, loss of goodwill, loss of data, or business interruption — even if advised of the possibility of such damages, and regardless of the legal theory (contract, tort, statute, or otherwise).
Our total aggregate liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the greater of (a) the total amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) AUD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages (including non-excludable consumer guarantees in Australia, New Zealand, the EU, and the UK). In those jurisdictions, our liability is limited to the minimum extent permitted by applicable law.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Kilkelly Enterprises and its owners, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from: (a) your use of our services; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or third-party right.
All intellectual-property rights in our services — including software, design, user interfaces, trademarks, logos, documentation, and content we create — remain the exclusive property of Kilkelly Enterprises or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our services for your own personal or internal business purposes, subject to these Terms. Nothing in these Terms transfers any intellectual-property right to you.
If you send us feedback, suggestions, or ideas about our services, you grant us a perpetual, worldwide, royalty-free, irrevocable licence to use and incorporate them without obligation to you.
Our services integrate with third-party services (including Stripe, Google OAuth, Supabase, Base44, Anthropic, and OpenAI). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third-party services.
We may suspend or terminate your access at any time, with or without notice, for breach of these Terms, non-payment, fraud, a legal requirement, or where continuing to provide the service to you would expose us to liability. You may terminate your account at any time from within the app settings or by emailing us. Upon termination, your right to use the service ceases immediately. Sections that by their nature should survive termination (including Sections 5, 6, 9, 10, 11, 12, 15, 16, 17, and 18) will survive.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms here with a new effective date and, where practicable, by email or in-app notice at least 14 days before they take effect (except where earlier changes are required for legal or security reasons). Continued use of our services after changes take effect constitutes acceptance. If you do not agree to the updated Terms, you must stop using the services.
These Terms are governed by the laws of Western Australia, Australia, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at admin@clearwayapps.com.au and giving us at least 30 days to respond.
Jurisdiction. If the dispute is not resolved informally, you and we agree that any claim shall be brought in the courts of Western Australia, Australia, which shall have exclusive jurisdiction — except where mandatory law in your country of residence (including consumer-protection law in the EU, UK, New Zealand, or elsewhere) gives you the right to bring a claim in your local courts or under your local law, in which case those rights are preserved.
Class-action waiver (where permitted). To the maximum extent permitted by applicable law, you and we agree that any dispute shall be brought in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. This clause does not apply where prohibited by mandatory law in your jurisdiction.
Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, labour disputes, power or internet outages, or failures of third-party providers. This clause does not apply to your payment obligations.
Kilkelly Enterprises
Trading as Clearway Apps
Perth, Western Australia, Australia
Email: admin@clearwayapps.com.au