Terms & Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between the user (“User”, “you”, or “your”) and the operators of Frankie (“Frankie”, “we”, “us”, or “our”). By initiating a chat, sending a text or voice message, or accessing Frankie via WhatsApp, you agree to be bound by these Terms.

1. Acceptance & Operating Model

Agreement to Terms

By interacting with Frankie, you confirm that you act on behalf of a business entity or as a sole trader registered in Australia and accept these Terms in full.

Third-Party Interface (WhatsApp / Meta)

Frankie operates natively via the WhatsApp Business API, provided by Meta Platforms, Inc. Your use of Frankie is simultaneously subject to Meta’s WhatsApp Terms of Service and Privacy Policy. We hold no liability for service interruptions, account suspensions, or policy changes enacted by Meta.

Automated Messaging Consent

You explicitly consent to receiving automated transactional, operational, and promotional messages, campaign outputs, and administrative notices from Frankie via WhatsApp.

2. Services & AI Disclaimers

Nature of Service

Frankie is an AI-powered marketing executive tool that delivers strategic campaign ideation, strategy drafting, and copy generation for platforms including Facebook, Instagram, and LinkedIn.

Generative AI Nature

Outputs are generated using statistical machine learning models. You acknowledge that:

• Frankie provides strategic recommendations, not regulated financial, legal, or professional advice.
• Generative AI outputs may occasionally contain errors, inaccuracies, or outdated information (“hallucinations”).

User Responsibility for Compliance

You maintain sole responsibility for reviewing, fact-checking, and approving all campaign strategies, copy, and promotional materials before publication. You must ensure all published outputs comply with Australian Consumer Law (ACL) regarding misleading or deceptive conduct (Section 18 of the ACL) and relevant industry advertising standards.

No Revenue or ROI Guarantee

Frankie makes no promises, warranties, or representations regarding commercial performance, conversion rates, follower growth, or revenue generation resulting from the use of generated outputs.

3. User Content, Inputs & Intellectual Property (IP)

Input Ownership

You retain all intellectual property rights in the text prompts, audio voice notes, brand guidelines, assets, and business data (“User Inputs”) you submit to Frankie.

Output Ownership

Subject to your compliance with these Terms, we assign to you all right, title, and interest in and to the specific marketing campaign strategies and copy generated for you by Frankie (“Outputs”).

Voice Note Processing

You grant us a non-exclusive, worldwide, royalty-free license to transcribe, process, and analyze voice notes sent via WhatsApp strictly for the purpose of executing your requests and delivering Outputs.

Model Training & Privacy Safeguards

We do not sell your User Inputs or proprietary business data to third parties. User Inputs and Outputs may be processed by our underlying LLM infrastructure providers solely to fulfill service requests. Anonymized data may be used by us to refine prompt chains and system workflows, provided no confidential or personally identifiable business information is exposed.

4. Billing, Beta Transition & Subscriptions

Beta Phase

During any un-priced beta phase, Frankie is provided on an “as-is” basis free of monetary charge for evaluation purposes.

Transition to Paid Tiers

Upon completion of the beta phase, continued access to Frankie will require a paid monthly subscription processed via Stripe.

Payment Processing

All payments are securely processed via Stripe. By providing payment details, you authorize recurring monthly charges. Subscription fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

Cancellation & Refunds

You may cancel your subscription at any time via your designated account link or by notifying Frankie on WhatsApp. Cancellations take effect at the end of the current billing cycle. To the maximum extent permitted by Australian Consumer Law, fees paid are non-refundable.

5. Limitation of Liability & Australian Consumer Law (ACL)

Statutory Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded by agreement.

Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability to you for any loss, damage, or claim arising out of or in connection with Frankie, whether in contract, tort (including negligence), or statute, is limited to:

• In the case of paid services, the total amount paid by you to us in the three (3) months preceding the claim; or
• In the case of free beta services, $100 AUD.

Exclusion of Consequential Loss

We are not liable for any indirect, incidental, special, or consequential damages, loss of profits, loss of business revenue, loss of data, or operational downtime arising from your reliance on Frankie or third-party platform outages (e.g., WhatsApp/Meta downtime).

6. Termination & Suspension

Termination by Us

We reserve the right to suspend or terminate your access to Frankie immediately without notice if you breach these Terms, misuse the service, send abusive inputs, or attempt to reverse-engineer our prompt engineering or system architecture.

Termination by You

You may stop using Frankie at any time by deleting the chat thread or sending a message stating “STOP”.

Contact

Frankie is part of 3MeUp, owned and operated by Menai Talent Consultants Pty Ltd (ABN 74 683 731 277), Australia. stephen@3meup.com