Website and Service Terms
Effective 8 November 2026
These terms apply when you use xmitos.ai, diagnose.xmitos.ai, the free diagnostic, the chat and digital advisor, and the client portal (together, the "Services"). They are offered by Smart Stone Technology Pty Ltd (ABN 36 616 831 522), trading as xMitos ("we", "us"). By using the Services you agree to these terms. If you do not agree, please do not use them. Paid work is governed by the proposal and contract each client accepts; these terms cover the websites, the free diagnostic, chat and the client portal.
1. The free diagnostic
The diagnostic is provided free of charge. It gives general information and suggestions about where AI may help your business, based on the answers you provide. It is not legal, financial, tax, accounting, migration, compliance or other professional advice, and it does not guarantee any result, saving or outcome. You are responsible for the accuracy of the information you give us and for decisions you make using the results. Using the diagnostic does not oblige you to buy anything, and we do not have to provide a proposal.
2. AI-generated content
Diagnoses, suggestions, chat replies and drafts are produced with artificial intelligence and may be incomplete or wrong. Check anything important before relying on it. The digital advisor is an AI and not a person. A person at xMitos reviews proposals and quotes before they are sent to you.
3. Using the Services
You agree to use the Services lawfully and honestly. You must not: provide information you have no right to give; try to access other people's data or our systems without permission; interfere with or overload the Services; use automated tools to submit forms or scrape; or use the Services to send spam, malware or unlawful content. We may suspend access if these terms are breached.
4. Client portal and access codes
If you become a client, we give you an access code for your project. Keep it confidential; anyone with the code can see your project. Tell us promptly if it has been shared by mistake and we will issue a new one.
5. Paid services
Implementation, monthly services and any other paid work are provided under the proposal, quote and contract you accept. Prices, scope, milestones, acceptance, refunds and payment terms are set out there. If those documents conflict with these terms, they prevail for the paid work. Payments are processed by Stripe.
6. Third-party services
The Services rely on providers such as Anthropic, Stripe, Calendly, Supabase, Vercel, Cloudflare, Brevo and Tavus. Their own terms apply to their parts of the experience. We are not responsible for outages or changes outside our control.
7. Intellectual property
We own the Services, our branding and the software behind them. You keep ownership of the information you give us and grant us permission to use it to provide the Services to you. Deliverables created for you under a paid contract are dealt with in that contract.
8. Privacy
We handle personal information as described in our Privacy Policy.
9. Availability and changes
We aim to keep the Services available but do not promise uninterrupted access. We may change, suspend or end any part of the free Services, and may update these terms. The version on our website with its effective date applies.
10. Liability
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or other law that cannot be excluded. Subject to that, and to the extent the law allows: the free Services are provided "as is"; we are not liable for indirect or consequential loss, or for loss of profit, revenue or data; and where we are liable, our total liability for the free Services is limited to resupplying them. Liability under a paid contract is governed by that contract.
11. Governing law
These terms are governed by the laws of New South Wales, Australia, and you submit to the courts of that State.
12. Contact
Smart Stone Technology Pty Ltd, ABN 36 616 831 522 [email protected]