These Terms & Conditions (“T&Cs”) govern all Frontier OS Agreements and are incorporated by reference. Words defined in the Agreement have the same meaning here.
1. Definitions
Frontier grants the Client a non-exclusive, non-transferable licence to access and use the Platform during the Agreement term, subject to these T&Cs. The Platform is provided by Gimmefy; Frontier acts as authorised value added reseller.
2.2 Platform Responsibility
Gimmefy is solely responsible for the availability, performance, security, and technical integrity of the Platform. Frontier holds Gimmefy accountable under a separate reseller agreement and will act as the Client’s escalation point for all platform issues. Frontier does not warrant platform uptime independently but will use commercially reasonable efforts to achieve resolution within the SLA timeframes committed by Gimmefy.
2.3 Compliance Standards
The Platform is operated by Gimmefy in accordance with SOC 2 Type II and ISO 27001 standards. Frontier’s reseller arrangement requires Gimmefy to maintain these certifications throughout the term. Frontier will provide evidence of compliance upon written request.
2.4 Service Pack Delivery
Where a Service Pack is selected, Frontier will deliver up to the agreed number of tasks per calendar month. Tasks must be agreed in writing in advance. Unused tasks do not carry over to subsequent months unless agreed in writing. Frontier will provide a dedicated Growth Marketing Partner as single point of contact.
3. Fees & Payment
3.1 Fees
The Client will pay fees as set out in the Agreement. All fees are in AUD and exclusive of GST. GST will be added where applicable.
3.2 Billing & Payment
Platform and Service Pack fees are billed quarterly in advance. Invoices are payable within 14 days of the invoice date. Payment must be made by electronic funds transfer to Frontier’s nominated account.
3.3 Late Payment
If payment is not received by the due date, Frontier may: (a) charge interest at 2% per annum above the Westpac base lending rate, accruing daily; (b) suspend Platform access after 7 days’ written notice; and (c) terminate for cause after 30 days’ continued non-payment.
3.4 Onboarding Fee
The one-time onboarding fee is equal to one month’s platform subscription at the selected billing frequency and tier (e.g. Pro on month-to-month billing = $3,900; Pro on annual billing = $3,000). It is non-refundable and due upon execution of this Agreement.
3.5 Price Adjustments
Frontier may adjust pricing at renewal by providing at least 30 days’ written notice prior to the renewal date. If the Client does not accept the revised pricing, it may elect not to renew by giving the cancellation notice required under clause 4.2.
4. Term & Termination
4.1 Initial Term
This Agreement commences on the Agreement Start Date and continues for an initial term of 12 months.
4.2 Auto-Renewal
This Agreement will automatically renew for successive 12-month terms unless either party provides written notice of cancellation at least 60 days before the end of the then-current term.
4.3 Early Termination for Convenience
After the first 3 months of active service, either party may terminate this Agreement for convenience by providing 120 business days’ written notice to the other party.
4.4 Termination for Cause
Either party may terminate immediately (without notice) if the other party: (a) becomes insolvent or enters administration; (b) ceases to carry on business; (c) commits a material breach that is not remedied within 14 days of written notice; or (d) commits an act of fraud or dishonesty.
4.5 Effect of Termination
On termination: (a) the Client’s access to the Platform will cease; (b) any fees due and unpaid become immediately payable; (c) prepaid quarterly fees for periods after the termination date will be forgone (except where terminated for cause against the Client); (d) unused purchased Credits will be forgone.
4.6 Survival
Clauses relating to fees, liability, confidentiality, intellectual property, dispute resolution, and data protection survive termination.
5. Data Protection & Privacy
5.1 Data Processing
Frontier and Gimmefy process Client Data solely to deliver the Service. Processing is carried out in accordance with: (a) the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles; (b) the General Data Protection Regulation (EU) 2016/679 (GDPR) where applicable; (c) the Singapore Personal Data Protection Act 2012 (PDPA).
5.2 Data Ownership
The Client retains full ownership of all Client Data and generated outputs. Neither Frontier nor Gimmefy acquires any ownership rights over Client Data.
5.3 Sub-Processors
The Client acknowledges and consents to Gimmefy (Teemuno Pte Ltd) acting as a sub-processor for the purposes of delivering the Platform.
5.4 Data Security
Gimmefy maintain industry-standard security practices including encrypted storage, access controls, regular monitoring, and penetration testing, consistent with SOC 2 Type II and ISO 27001 requirements. 5.5 Data Breach Each party will promptly notify the other (and no later than 72 hours) upon becoming aware of any confirmed or suspected personal data breach. The parties will cooperate fully in mitigation and any required regulatory notifications.
5.6 Data Return & Deletion
Upon termination, Frontier will make Client Data available for export for 30 days, after which it will be securely deleted unless required to be retained by law.
6. Intellectual Property
6.1 Platform IP
All intellectual property rights in the Platform, including its tools, models, methods, and workflows, remain exclusively with Frontier & Gimmefy. The Client receives a limited licence as described in clause 2.1.
6.2 Client Data & Outputs
The Client owns all Client Data and all outputs generated through the Client’s use of the Platform.
6.3 Service Pack Deliverables
Upon payment of all fees in full, the Client owns all Deliverables produced by Frontier under a Service Pack, excluding Frontier’s pre-existing background intellectual property (including templates, methodologies, and frameworks).
6.4 Portfolio Licence
The Client grants Frontier a non-exclusive licence to reference the Client’s name and display anonymised outputs in Frontier’s portfolio, pitches, and case studies, subject to the Client’s prior written approval of any public-facing reference.
7. Confidentiality
Each party will keep the other’s Confidential Information strictly confidential, use it only for purposes of this Agreement, and not disclose it to any third party without prior written consent. This obligation continues for 2 years after termination. Disclosure is permitted where required by law, provided the disclosing party gives the other maximum practical prior notice.
8. Limitation of Liability
8.1 Liability Cap
To the maximum extent permitted by law, Frontier’s total aggregate liability to the Client under or in connection with this Agreement (whether in contract, tort, statute, or otherwise) is limited to the total fees paid by the Client to Frontier in the 12-month period immediately preceding the event giving rise to the claim.
8.2 Excluded Loss
Neither party is liable for any indirect, special, incidental, punitive, or consequential loss or damage, including loss of profit, revenue, goodwill, business opportunity, or data, even if advised of the possibility of such loss.
8.3 Platform Liability
Frontier’s liability for Platform availability, performance, or data loss is limited to Frontier’s obligations under its reseller agreement with Gimmefy. The Client acknowledges that Gimmefy bears primary technical liability for the Platform.
8.4 Australian Consumer Law
Nothing in this clause excludes rights the Client may have under the Australian Consumer Law that cannot lawfully be excluded, including consumer guarantees. Where those guarantees apply and cannot be excluded, Frontier’s liability is limited (at Frontier’s election) to re-supplying the relevant service or paying the cost of having it re-supplied.
9. Acceptable Use
The Client must not use the Platform to: (a) upload or process unlawful, defamatory, or infringing content; (b) attempt to reverse engineer, scrape, or resell the Platform; (c) circumvent any security or access controls; (d) violate any applicable law or regulation. Frontier may suspend access immediately for material breach of this clause.
10. Non-Solicitation
During the Term and for 12 months after termination, the Client must not directly solicit or employ any Frontier employee or contractor with whom the Client had material contact during the Term, without Frontier’s prior written consent.
11. Dispute Resolution
If a dispute arises, the parties will first attempt to resolve it in good faith within 10 business days of written notice. If unresolved, the dispute will be referred to mediation through the Resolution Institute. Either party may seek urgent injunctive relief from a court at any time. This Agreement is governed by the laws of Victoria, Australia.
12. General
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