Terms and Conditions of Use

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

• “Account” means the user account you create to access and use the Service.
• “Ad Platforms” means the third-party advertising platforms supported by the Service, including (but not limited to) Google Ads, Meta Ads, TikTok Ads, and Microsoft Ads, as updated from time to time.
• “AI Assistant” means any third-party artificial intelligence tool, large language model, or conversational agent (such as Claude, ChatGPT, Cursor, or other MCP-compatible assistants) that you connect to the Service.
• “Blend”, “we”, “us”, or “our” means Blend A.I. Pty Ltd (ABN 24640882873), a company registered in New South Wales, Australia.
• “Content” means all data, text, ad copy, creative materials, campaign configurations, analytics reports, and other information generated, transmitted, or processed through the Service.
• “MCP” or “Model Context Protocol” means the open protocol standard that enables AI Assistants to interact with the Service and, through it, with your connected Ad Platform accounts.
• “Service” means the Blend MCP platform, including the MCP server, APIs, web interface, documentation, and all related features and functionality provided by Blend.
• “Subscription Plan” means the tier of Service selected and paid for by you, as described on our pricing page and as amended from time to time.
• “Terms” means these Terms and Conditions of Use, including any schedules, policies, or documents incorporated by reference.
• “User Data” means any data, information, or content that you submit, upload, transmit, or make available through the Service, including data retrieved from your Ad Platform accounts.
• “you” or “your” means the individual or entity accessing or using the Service.

2. Eligibility and Account Registration

2.1 You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. If you are using the Service on behalf of an organisation, you represent and warrant that you are authorised to accept these Terms on behalf of that organisation.

2.2 To access the Service, you must create an Account by providing accurate, current, and complete information. You agree to update your Account information promptly to keep it accurate and current.

2.3 You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password, OAuth tokens, and any API keys. You must not share your Account credentials with any third party.

2.4 You are responsible for all activities that occur under your Account, whether or not authorised by you. You must notify us immediately at info@blend-ai.com if you become aware of any unauthorised use of your Account or any other breach of security.

2.5 We reserve the right to refuse registration, suspend, or terminate any Account at our sole discretion, without notice, for any reason, including (without limitation) if we reasonably believe you have violated these Terms.

2.6 You must not create more than one Account per individual unless expressly authorised by Blend (for example, separate accounts for managing multiple client portfolios under an agency plan).

3. Description of the Service

3.1 Blend MCP is a software-as-a-service platform that enables users to connect their AI Assistant to multiple Ad Platforms through the MCP protocol. The Service acts as an intermediary layer, allowing users to manage, analyse, and optimise advertising campaigns across supported Ad Platforms via natural language instructions.

3.2 The Service may include, but is not limited to, the following features: campaign creation and management; performance analytics and reporting; budget optimisation recommendations; ad copy generation; audience targeting; cross-platform campaign comparison; and automated reporting.

3.3 The Service is a tool, not an advisor. Any recommendations, suggestions, or outputs generated through the Service (whether by the Service itself, or by an AI Assistant interacting with the Service) are provided for informational purposes only and do not constitute professional marketing, advertising, financial, or business advice. You are solely responsible for evaluating and acting on any such recommendations.

3.4 We may update, modify, or discontinue any feature or aspect of the Service at any time, with or without notice. We will endeavour to provide reasonable notice of material changes where practicable.

3.5 Two-Step Action Confirmation. Where the Service permits you to modify advertising campaigns, budgets, bids, targeting, or other Ad Platform settings through natural language instructions (“Mutations”), such modifications are processed through a two-step confirmation flow: (a) the Service first generates a preview of the proposed changes, including a summary of what will be modified and the expected effect; and (b) the proposed changes are only executed after you (or your AI Assistant, acting on your instructions) explicitly confirm the action. You acknowledge that this preview is generated on the basis of data available at the time of the request and that actual outcomes may differ due to delays, concurrent changes, or Ad Platform processing. Blend shall not be liable for any discrepancy between a previewed action and the final result executed by the Ad Platform.

4. Third-Party Platforms and Integrations

4.1 Ad Platforms. The Service connects to third-party Ad Platforms via OAuth authentication and approved APIs. Your use of each Ad Platform is subject to that Ad Platform's own terms of service, policies, and guidelines. It is your sole responsibility to comply with all applicable Ad Platform terms. Blend is not responsible for, and makes no representations or warranties regarding, the availability, functionality, or policies of any Ad Platform.

4.2 AI Assistants. The Service is designed to work with third-party AI Assistants. Your use of any AI Assistant is subject to that provider's own terms of service, usage policies, and privacy practices. Blend does not operate, control, or take responsibility for the outputs, accuracy, availability, or conduct of any AI Assistant. You acknowledge that AI Assistants may produce inaccurate, incomplete, misleading, or unexpected outputs, and that reliance on such outputs is entirely at your own risk.

4.3 No Endorsement. Reference to or compatibility with any third-party product, platform, or service does not constitute an endorsement, sponsorship, or recommendation by Blend. We have no control over, and accept no responsibility for, the content, accuracy, privacy practices, or availability of any third-party platform.

4.4 Platform Changes. Third-party Ad Platforms and AI Assistants may change their APIs, terms, features, or availability at any time without notice to Blend. Such changes may affect the functionality of the Service. Blend shall not be liable for any loss, disruption, or reduced functionality arising from changes made by third-party providers.

4.5 OAuth and Credentials. When you connect your Ad Platform accounts to the Service, you do so using official OAuth authentication flows. Blend does not see, store, or have access to your Ad Platform passwords. However, you acknowledge that by authorising the Service to access your Ad Platform accounts, you are granting Blend the ability to read data from and, where applicable, write data to those accounts on your behalf and in accordance with the permissions you grant.

5. Fees, Payment, and Subscription

5.1 Subscription Plans. The Service is offered under various Subscription Plans as published on our website. Details of current pricing, plan features, and usage limits are available at blendmcp.com/pricing. Subscription Plans and associated fees are subject to change in accordance with clause 5.6.

5.2 Billing Cycle. Paid subscriptions are billed in advance on a monthly or annual basis, as selected by you at the time of purchase. The billing cycle commences on the date of your initial subscription and renews automatically on each anniversary of that date.

5.3 Automatic Renewal. Your Subscription Plan will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You authorise Blend to charge the applicable fees to your designated payment method upon each renewal.

5.4 Payment Method. You must provide a valid payment method (credit card, debit card, or other accepted method). By providing a payment method, you authorise Blend to charge all applicable fees. You are responsible for ensuring your payment details remain current and valid.

5.5 Taxes. All fees are exclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes, including but not limited to GST, VAT, sales tax, and any other indirect taxes imposed by any jurisdiction. For Australian customers, GST will be added to all fees where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

5.6 Price Changes. We reserve the right to change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle after we provide you with at least thirty (30) days' written notice (by email or through the Service). If you do not agree to a price change, your sole remedy is to cancel your subscription before the new pricing takes effect.

5.7 Refunds. Except as required by applicable law (including the Australian Consumer Law), all fees are non-refundable. If you cancel your subscription, you will retain access to the Service until the end of your current paid billing period, but no pro-rata refund will be issued for unused time.

5.8 Free Trials. We may offer free trial periods at our discretion. Free trials may be subject to additional conditions, including usage limits and feature restrictions. At the end of a free trial period, your account will automatically convert to a paid subscription unless you cancel before the trial expires. We will provide notice before any charges are applied.

5.9 Overdue Payments. If any payment is not received by the due date, Blend may (without limiting any other rights or remedies): charge interest on the overdue amount at a rate of 2% per month (or the maximum rate permitted by law, whichever is lower); and suspend or restrict your access to the Service until all overdue amounts are paid in full.

6. Acceptable Use Policy

6.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You must comply with all applicable laws, regulations, and third-party terms (including Ad Platform policies) when using the Service.

6.2 You must not, and must not permit any third party to:

1. use the Service to create, manage, or promote advertising campaigns that are unlawful, fraudulent, deceptive, misleading, defamatory, obscene, or otherwise objectionable;
2. use the Service to advertise prohibited products or services, including (without limitation) illegal drugs, weapons, counterfeit goods, or services that violate applicable advertising standards;
3. use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
4. attempt to gain unauthorised access to the Service, other accounts, computer systems, or networks connected to the Service;
5. use automated scripts, bots, or scrapers to access the Service (other than through the intended MCP protocol integration);
6. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
7. reproduce, copy, sell, resell, sublicence, or otherwise exploit any portion of the Service without our express written permission;
8. use the Service to send spam, bulk unsolicited messages, or any form of communication that violates anti-spam legislation (including the Spam Act 2003 (Cth));
9. upload, transmit, or distribute any viruses, worms, trojans, malware, or other harmful or malicious code through the Service;
10. use the Service to infringe any third party's intellectual property rights, privacy rights, or other rights;
11. use the Service to collect, harvest, or store personal information about other individuals without their consent and in violation of applicable privacy laws;
12. circumvent, disable, or otherwise interfere with any security features of the Service, including any features that prevent or restrict use or copying of Content;
13. use the Service in a manner that could bring Blend, the Service, or any Ad Platform into disrepute; or
14. assist, facilitate, or encourage any third party to do any of the foregoing.

6.3 Ad Spend and Campaign Responsibility. You are solely responsible for all advertising expenditure incurred through your connected Ad Platform accounts, whether initiated manually or through the Service (including through AI Assistant interactions). Blend does not control, authorise, or guarantee any ad spend. You acknowledge that actions taken through the Service (including budget changes, bid adjustments, campaign launches, and targeting modifications) may result in immediate, irreversible charges being applied by the relevant Ad Platform.

6.4 Rate Limits and Fair Use. Your use of the Service is subject to rate limits, API call quotas, and fair use policies as determined by your Subscription Plan and as published on our website. We reserve the right to throttle, suspend, or restrict access if we determine (in our sole discretion) that your usage is excessive, abusive, or negatively impacting the Service for other users.

6.5 Usage Quotas and Overage. Each Subscription Plan includes defined usage quotas, which may include (without limitation) the number of API requests per billing period, the number of connected Ad Platform accounts, the volume of data processed, and the number of mutation actions executed. Current quota allocations for each plan are published on our website. If you exceed your allocated usage quota: (a) the Service may automatically throttle or temporarily restrict your access until the next billing period; (b) Blend may offer you the option to upgrade to a higher-tier Subscription Plan; or (c) Blend may apply overage charges at the rates published on our pricing page. Blend will use reasonable efforts to notify you when you are approaching or have exceeded your quota, but failure to provide such notification does not relieve you of responsibility for overage charges or entitle you to continued unthrottled access.

7. AI-Specific Disclaimers and Acknowledgement of Risk

You expressly acknowledge and agree to the following:

7.1 AI Output Accuracy. The Service facilitates interaction between AI Assistants and your Ad Platform accounts. AI Assistants may generate outputs that are inaccurate, incomplete, outdated, biased, or otherwise unreliable. Blend does not verify, endorse, or guarantee the accuracy, completeness, or reliability of any AI-generated output, recommendation, ad copy, budget suggestion, or other Content produced through the Service.

7.2 No Guarantee of Results. Blend makes no representations or warranties that use of the Service will improve your advertising performance, reduce costs, increase conversions, or achieve any particular business outcome. Advertising results depend on numerous factors outside Blend's control, including market conditions, competitive dynamics, ad creative quality, audience behaviour, and Ad Platform algorithms.

7.3 Human Oversight Required. The Service is designed to assist, not replace, human decision-making. You are responsible for reviewing, approving, and monitoring all actions taken through the Service before and after execution. You must not rely solely on AI-generated outputs without independent verification and human oversight.

7.4 Unintended Actions. You acknowledge that the nature of natural language processing means that AI Assistants may misinterpret your instructions, execute unintended commands, or take actions that differ from what you intended. This may include (without limitation) launching campaigns you did not intend to launch, modifying budgets or bids in unexpected ways, pausing or deleting campaigns, or changing targeting parameters. Blend shall not be liable for any loss, cost, or damage arising from such unintended actions.

7.5 AI Bias and Discrimination. AI models may produce outputs that reflect biases present in their training data. You are solely responsible for ensuring that advertising campaigns created or managed through the Service comply with all applicable anti-discrimination, equal opportunity, and advertising standards laws and regulations.

7.6 Ad Platform Policy Compliance. AI-generated ad copy, targeting configurations, and campaign structures may not comply with all Ad Platform policies. It is your sole responsibility to review all outputs for compliance with applicable Ad Platform policies before implementation. Blend shall not be liable for any account suspensions, policy violations, penalties, or restrictions imposed by Ad Platforms as a result of content or campaigns created or managed through the Service.

7.7 User-Provided Business Context. Certain features of the Service require you to provide business context information (such as a description of your business, products, pricing, and advertising objectives) to enable the AI Assistant to generate relevant and accurate outputs. You are solely responsible for the accuracy and completeness of any business context you provide. Blend does not verify, validate, or audit business context information. Inaccurate, incomplete, or misleading business context may result in outputs that are irrelevant, unsuitable, or harmful to your advertising performance. Blend shall not be liable for any loss or damage arising from outputs generated on the basis of inaccurate or incomplete business context provided by you.

8. Intellectual Property

8.1 Our Intellectual Property. The Service, including all software, code, algorithms, user interfaces, designs, documentation, trademarks, logos, and other proprietary materials, is owned by or licensed to Blend and is protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to the Service except for the limited licence granted in clause 8.2.

8.2 Licence to Use. Subject to your compliance with these Terms and payment of all applicable fees, Blend grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the term of your subscription, solely for your own internal business purposes (or, where applicable, for managing client accounts under an authorised agency plan).

8.3 Your Data. You retain ownership of your User Data. By using the Service, you grant Blend a limited, non-exclusive, worldwide licence to use, process, store, and transmit your User Data solely for the purpose of providing, maintaining, and improving the Service. This licence terminates when your Account is terminated and your User Data is deleted in accordance with our data retention policies.

8.4 AI-Generated Content. Ownership and intellectual property rights in content generated by AI Assistants through the Service may be subject to the terms and conditions of the relevant AI Assistant provider. Blend makes no representations or warranties regarding your ownership of, or rights in, any AI-generated content. You are responsible for assessing any intellectual property implications of AI-generated outputs before use.

8.5 Feedback. If you provide Blend with any feedback, suggestions, ideas, or recommendations regarding the Service (‘Feedback’), you grant Blend a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, incorporate, and exploit such Feedback for any purpose without restriction or obligation to you.

8.6 Aggregated Data. Blend may collect and use aggregated, anonymised, or de-identified data derived from your use of the Service for purposes including analytics, product improvement, benchmarking, and research. Such aggregated data will not identify you or any individual.

9. Privacy and Data Protection

9.1 Your use of the Service is subject to our Privacy Policy, available at blendmcp.com/privacy, which is incorporated into these Terms by reference.

9.2 We collect, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Where we process personal data of individuals located in other jurisdictions, we will comply with applicable data protection laws, including (where applicable) the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

9.3 Data Handling. You acknowledge that in using the Service, data from your Ad Platform accounts (including campaign data, performance metrics, audience data, and financial data) will be transmitted between the Service, your AI Assistant, and your Ad Platforms. You consent to such data flows and accept responsibility for ensuring that you have all necessary rights, consents, and authorisations to share this data with the Service.

9.4 Data Security. We implement reasonable technical and organisational measures to protect the security of your data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security. You acknowledge that you provide data at your own risk.

9.5 Data Breach Notification. In the event of an eligible data breach (as defined in the Privacy Act 1988 (Cth)), we will comply with the Notifiable Data Breaches scheme and notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

9.6 Cross-Border Data Transfers. You acknowledge that the Service may involve the transfer of data to servers and facilities located outside Australia, including in the United States and other jurisdictions where our infrastructure providers operate. By using the Service, you consent to such cross-border transfers, subject to appropriate safeguards.

9.7 AI Assistant Data Processing. You acknowledge that when data from your Ad Platform accounts is processed through an AI Assistant, that data may be subject to the AI Assistant provider's data processing practices and terms. Blend does not control how AI Assistant providers handle your data once it is transmitted to their systems. You should review the privacy policies and data handling practices of your chosen AI Assistant provider.

9.8 Service Logging and Audit Records. You acknowledge that Blend logs interactions with the Service for the purposes of security, debugging, abuse prevention, and service improvement. This includes, without limitation: (a) API requests made through the Service to connected Ad Platforms (including request parameters, timestamps, and response codes); (b) mutation actions initiated through the Service (including campaign modifications, budget changes, and targeting adjustments), together with the identity of the user and the action requested; and (c) metadata relating to your use of the Service, such as frequency of access, features used, and error events. Logs are retained in accordance with our data retention policies and are not shared with third parties except as required by law or as described in our Privacy Policy.

10. Disclaimers

10.1 USE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLEND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 Without limiting the generality of clause 10.1, Blend does not warrant that:

1. the Service will be uninterrupted, timely, secure, or error-free;
2. the results obtained through the Service will be accurate, reliable, or meet your requirements;
3. any defects in the Service will be corrected;
4. the Service will be compatible with any particular hardware, software, or system configuration;
5. the Service will achieve any particular advertising performance, return on investment, or business outcome; or
6. the Service will be available at all times or in all geographic locations.

10.3 Third-Party Disclaimer. Blend disclaims all liability arising from or relating to any third-party platforms, services, or integrations, including (without limitation) Ad Platforms and AI Assistants. This includes any unavailability, errors, data loss, security breaches, or policy changes by such third parties.

10.4 Beta Features. From time to time, we may offer beta or experimental features. Such features are provided “as is” without any warranty and may be changed, suspended, or discontinued at any time. Your use of beta features is at your sole risk.

11. Limitation of Liability

11.1 EXCLUSION OF CONSEQUENTIAL LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, WASTED AD SPEND, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BLEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLEND'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO BLEND IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, BLEND'S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).

11.3 Without limiting clauses 11.1 and 11.2, Blend shall not be liable for any loss, damage, or costs arising from:

1. actions taken by AI Assistants, whether instructed by you or otherwise, including unintended commands, misinterpreted instructions, or incorrect outputs;
2. advertising expenditure incurred through your Ad Platform accounts, regardless of whether such expenditure was intended;
3. suspension, restriction, or termination of your Ad Platform accounts by any Ad Platform;
4. changes to Ad Platform APIs, policies, pricing, or features;
5. any delay, interruption, or failure of the Service due to factors beyond Blend's reasonable control;
6. your failure to maintain adequate security of your Account credentials;
7. reliance on AI-generated content, recommendations, or outputs; or
8. any breach of these Terms by you.

12. Australian Consumer Law

12.1 Certain legislation, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), may imply warranties, conditions, or guarantees, or impose obligations on Blend that cannot be excluded, restricted, or modified, or can only be restricted or modified to a limited extent (‘Non-Excludable Guarantees’).

12.2 Nothing in these Terms purports to exclude, restrict, or modify any Non-Excludable Guarantee. To the extent that the Australian Consumer Law applies to the Service:

1. Blend guarantees that the Service will be provided with due care and skill;
2. Blend guarantees that the Service will be reasonably fit for any purpose made known by you to Blend, where you relied on Blend's skill or judgment; and
3. if the Service fails to meet a consumer guarantee, you may be entitled to remedies including, at Blend's election, re-supply of the Service or payment of the cost of having the Service re-supplied.

12.3 To the extent permitted by law, Blend's liability for breach of any Non-Excludable Guarantee is limited (at Blend's option) to:

1. re-supplying the Service; or
2. paying the cost of having the Service re-supplied.

12.4 These Terms are intended to be read in conjunction with, and not in derogation of, any rights you may have under the Australian Consumer Law or any other applicable consumer protection legislation.

13. Indemnification

13.1 You agree to indemnify, defend, and hold harmless Blend and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with:

1. your use of the Service;
2. your breach of these Terms;
3. your violation of any applicable law, regulation, or third-party right (including Ad Platform terms);
4. any advertising content created, published, or distributed through the Service by you or on your behalf;
5. any dispute between you and any third party (including Ad Platforms, AI Assistant providers, or end users) arising from your use of the Service;
6. any claim that your User Data infringes the intellectual property or other rights of any third party; or
7. your negligence or wilful misconduct.

13.2 This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

14. Suspension and Termination

14.1 Termination by You. You may cancel your subscription and terminate your Account at any time through your Account settings or by contacting us at info@blend-ai.com. Cancellation will take effect at the end of your current billing period.

14.2 Termination by Blend. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including (without limitation):

1. breach of these Terms or any applicable law;
2. conduct that we reasonably believe is harmful to other users, the Service, or Blend;
3. non-payment of fees;
4. extended inactivity;
5. upon request by law enforcement or a government authority;
6. if we discontinue the Service or any material portion thereof; or
7. for any other reason at our sole discretion, with reasonable notice where practicable.

14.3 Effect of Termination. Upon termination: (a) your licence to use the Service immediately ceases; (b) you must cease all use of the Service; (c) Blend may delete your Account and all associated data after a reasonable retention period (not exceeding 90 days unless otherwise required by law); (d) all outstanding fees become immediately due and payable; and (e) any provision of these Terms that by its nature should survive termination shall survive (including, without limitation, clauses relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law).

14.4 Data Export. Upon termination, you may request a copy of your User Data within thirty (30) days of termination. After this period, Blend is under no obligation to retain or provide access to your User Data.

14.5 No Liability for Termination. Blend shall not be liable to you or any third party for any suspension or termination of your access to the Service, provided that where Blend terminates for convenience (not for cause), any prepaid fees for unused periods will be refunded on a pro-rata basis.

15. Confidentiality

15.1 Each party may receive confidential information from the other party in connection with the Service. The receiving party agrees to: (a) use such confidential information only for the purposes of exercising its rights or performing its obligations under these Terms; and (b) not disclose such confidential information to any third party except with the disclosing party's prior written consent or as required by law.

15.2 Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the confidential information; or (d) is rightfully received from a third party without restriction.

16. Modifications to These Terms

16.1 Blend reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website, sending an email to the address associated with your Account, or providing notice through the Service.

16.2 Material changes will become effective thirty (30) days after we provide notice, or at such later date as specified in the notice. Non-material changes (such as corrections of typographical errors or formatting) may take effect immediately.

16.3 Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to any modified Terms, your sole remedy is to discontinue use of the Service and cancel your Account before the changes take effect.

17. Dispute Resolution

17.1 Good Faith Negotiation. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service (‘Dispute’), the parties agree to first attempt to resolve the Dispute by good faith negotiation. The aggrieved party must provide written notice of the Dispute to the other party, and the parties will have thirty (30) days from receipt of such notice to attempt to resolve the Dispute.

17.2 Mediation. If the Dispute is not resolved through good faith negotiation within thirty (30) days, either party may refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, New South Wales, in accordance with the ADC mediation guidelines. The costs of mediation will be shared equally between the parties.

17.3 Litigation. If the Dispute is not resolved through mediation within sixty (60) days of referral, either party may commence proceedings in the courts of New South Wales, Australia. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction at any time.

18. Governing Law and Jurisdiction

18.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

18.2 You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts of appeal therefrom, for the purpose of hearing and determining any Dispute arising under or in connection with these Terms.

18.3 Notwithstanding clause 18.2, if you are located outside Australia, you acknowledge that Blend may need to enforce its rights in the jurisdiction in which you are located, and you agree to submit to the jurisdiction of the relevant courts in that jurisdiction for enforcement purposes.

19. Force Majeure

19.1 Blend shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including (without limitation) natural disasters, pandemics, epidemics, acts of government, war, terrorism, civil unrest, power outages, internet disruptions, cyberattacks, labour disputes, third-party platform outages, or failures of third-party service providers.

20. General Provisions

20.1 Entire Agreement. These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Blend with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

20.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

20.3 Waiver. No failure or delay by Blend in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any right under these Terms is only effective if it is in writing and signed by Blend.

20.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms without Blend's prior written consent. Blend may assign or transfer these Terms (in whole or in part) to any affiliate, successor, or acquirer without your consent, provided that the assignee agrees to be bound by these Terms.

20.5 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Blend. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

20.6 Notices. All notices under these Terms must be in writing and will be deemed given when: (a) delivered personally; (b) sent by email (with confirmation of receipt); or (c) posted on the Service. Notices to Blend should be sent to info@blend-ai.com. Notices to you will be sent to the email address associated with your Account.

20.7 Third-Party Rights. These Terms do not confer any rights on any person or entity other than the parties hereto. No third party has any right to enforce any provision of these Terms.

20.8 Unfair Contract Terms. Where these Terms constitute a standard form contract for the purposes of the Australian Consumer Law, and any term is found to be unfair within the meaning of the Competition and Consumer Act 2010 (Cth), that term will be void to the extent of its unfairness. The remaining Terms will continue in full force and effect.

21. Contact Us

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Blend A.I. Pty Ltd
ABN: 24640882873
Address: L33, 264 George St, Sydney NSW, Australia
Email: info@blend-ai.com
Website: blendmcp.com