Breaktime Marketing - Terms and Conditions

Document: Breaktime Marketing Terms and Conditions
Version: v1.1
Effective date: 11 September 2026

These Terms and Conditions apply to the Breaktime Marketing website, forms, funnels, Revenue Leak Review, Business Loss Report, Website AI Employee, AI Employee and paid services supplied by Breaktime Marketing.

Breaktime Marketing is operated by GrowthLab AI, ABN 48 351 064 144, trading as Breaktime Marketing ("Breaktime", "we", "us" or "our").

By using our website, submitting a form, using a free tool, electronically signing a service agreement, accepting these Terms at checkout or purchasing a Breaktime service, you agree to these Terms to the extent applicable to that activity.

For a paid service, these Terms operate with the service agreement, accepted order, checkout and any specifically incorporated written scope. If they are inconsistent, the more specific written term applying to that service prevails to the extent of the inconsistency.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

1. What Breaktime provides

Breaktime provides productised, done-for-you sales and marketing services for small businesses.

Depending on the plan or additional service purchased, services may include a managed website and hosting, assistance with an existing verified Google Business Profile, immediate branded missed-call SMS, enquiry capture, a Website AI Employee or AI Employee, approved forms and next-step paths, reporting and related services. Coffee & Donut includes the broader AI Employee scope and managed standard content described below; approved booking/signup actions, supported social enquiry follow-up and review-request processes depend on the agreed configuration.

Your selected plan, payment option, price and included services are identified in your service agreement, checkout, order or written scope. Not every Breaktime capability is included in every plan.

Premium add-ons and additional work are separately scoped and priced. Bespoke or highly customised work may be offered under separate terms or referred to GrowthLab AI.

2. Productised service and scope

Breaktime is a standardised service, not an open-ended custom agency engagement. Standard plans use defined processes, controlled scope, selected design systems, reusable structures, managed technology and repeatable workflows. This standardisation helps keep the base service affordable.

Unless expressly included in writing, standard plans do not include unlimited design work or revisions, fully bespoke website design, custom application development, complex integrations, advanced paid advertising management, advanced SEO campaigns, bespoke sales-process consulting, regulated-industry compliance advice or unlimited configuration.

Requests outside the included scope may be declined, referred elsewhere or quoted separately. Additional work is not included merely because Breaktime has the technical ability to perform it.

3. No guarantee of results

Breaktime promises to perform the work and processes within the agreed scope. Breaktime does not guarantee how customers, prospects, search engines, social platforms or the market will respond.

We do not guarantee:

• a minimum number of enquiries, leads, calls, bookings, customers or sales;
• an increase in profit, revenue or conversion rates;
• that an enquiry, missed call, comment or message will become a customer;
• search-engine, Google Maps, Google Business or AI-answer rankings or inclusion;
• social reach, engagement, followers or enquiries;
• advertising or campaign performance;
• that every comment, message, call or enquiry will be identified or processed;
• uninterrupted availability of websites, messaging, social, search or other third-party systems; or
• recovery of any estimated lost or at-risk revenue.

Outcomes depend on matters outside our control, including the client's market, pricing, reputation, competition, customer demand, service quality, geography, seasonality, customer behaviour and third-party platforms.

4. Research, examples and diagnostic tools

Our material may refer to industry research, benchmarks, statistics, practitioner commentary, case studies, demonstrations or illustrative scenarios. Unless expressly identified as an actual Breaktime client result, they are not representations of results achieved by a particular customer. Illustrative figures are not financial forecasts or performance promises.

The Revenue Leak Review and Business Loss Report are diagnostic and educational tools. Any potential revenue-at-risk, potential business-loss or missed-opportunity figure is an indicative estimate, not confirmed loss. It may use client-supplied information with benchmarks and assumptions whose accuracy and relevance can vary.

A Business Loss Report is not an audit or accounting, financial, legal or tax advice. It does not prove that money was lost, would otherwise have become revenue, or can be recovered by Breaktime.

5. Client responsibilities

The client must:

• provide accurate and reasonably complete business information, including relevant services, prices, offers, service areas, hours, policies, qualifications, contact details, booking rules, payment requirements and customer-facing claims;
• confirm the services, prices, claims, policies and business rules Breaktime is authorised to use;
• provide required assets, access and approvals within a reasonable time;
• own, control or have authority to authorise Breaktime to work with each account, domain, channel, asset or item of content supplied;
• promptly notify Breaktime when business information, prices, services, availability, policies or rules change; and
• not require Breaktime to publish or communicate material that is false, misleading, unlawful, defamatory, infringing or outside the approved scope.

The client is responsible for determining whether its products, services, claims and practices comply with laws and industry-specific requirements. Breaktime does not provide legal or regulatory compliance advice unless separately agreed in writing.

If required information, access, assets or approvals are delayed, implementation or publishing may also be delayed. Unless otherwise agreed, client-caused delay does not automatically pause billing after the applicable paid service period begins.

6. Client-supplied material

The client retains ownership of its logos, photographs, trademarks, text, data and other pre-existing material. By supplying material, the client confirms it has the right to use it and authorises Breaktime, its contractors and relevant service providers to use, reproduce, adapt and process it to deliver the service.

The client must obtain necessary permissions for customer photographs, testimonials, music, logos, trademarks and third-party material. Breaktime may refuse material it reasonably believes may be unlawful, misleading, infringing or inappropriate.

7. Website service, hosting and ownership

The standard Breaktime website is productised and built from a selected and customised design system using the client's approved services and facts. It is not a fully bespoke website-development engagement unless separately agreed.

The initial standard website includes one consolidated revision round. Breaktime will correct its own genuine implementation errors without counting those corrections against that allowance. Repeated changes, substantial redesign, additional pages, new functionality, substantial copy changes and work beyond the allowance may be quoted as a change pack or additional service.

Unless a different written agreement applies, Breaktime hosts and manages the website while the applicable subscription is active. If the service ends, Breaktime may cease hosting at the end of the paid service period.

The client retains ownership or control of its domain and client-supplied content unless separately agreed. The subscription does not transfer ownership of Breaktime's underlying design systems, templates, reusable code, workflows, technology, processes or intellectual property.

Website transfer or buyout is a separately documented option and may involve additional fees and conditions.

8. Google Business Profile and search visibility

Where included, standard Google Business work is limited to connecting and optimising an existing verified Google Business Profile within the agreed scope.

New-profile creation, verification, reinstatement, ownership recovery and duplicate resolution are separately scoped and priced.

Google and other search or AI-search providers control their policies, verification, indexing, rankings, features, suspensions and availability. Breaktime cannot guarantee verification, reinstatement, ranking, traffic, visibility or inclusion in a search or AI-generated answer.

9. Website AI Employee, AI Employee and managed access

Breaktime may use AI-assisted tools and automation to deliver services. The Website AI Employee and AI Employee are configured using information, prices, services, answers and rules supplied or approved by the client.

Coffee provides a Website AI Employee on the client's website. It may answer approved questions, provide approved information and fixed prices, collect information, qualify enquiries and provide approved next-step links. It does not automatically continue a missed-call SMS conversation or perform booking/signup actions.

Coffee & Donut provides an AI Employee for approved actions on supported connected channels where configured and tested. Within that approved configuration, it may also provide rule-based estimates, assist with booking or signup, send approved agreement or payment steps and hand a conversation to a person. Each channel and action depends on actual platform support and connection; this is not universal coverage or a promise of LinkedIn direct-message handling.

It is not intended to make decisions requiring professional judgement, unusual pricing authority or information it has not been given. Estimates are not final binding quotations unless that specific pricing process has been expressly authorised.

AI-assisted technology can misunderstand information, fail to respond as intended or produce an incorrect output despite testing and safeguards. Breaktime uses reasonable configuration, testing, review and handover controls but cannot guarantee every automated interaction will be error-free.

Standard clients do not receive GoHighLevel logins, CRM access or dashboards. Breaktime operates the underlying platform. Clients receive relevant outcomes through channels such as email, SMS, secure approval links, enquiry or booking notifications and reports.

10. Calls, messages and client-customer transactions

Coffee includes an immediate branded SMS after an eligible missed call; its Website AI Employee does not automatically continue that SMS conversation.

Missed-call text-back and other messaging depend on compatible systems, valid contact details, carrier delivery and applicable consent or communication rules. Breaktime cannot guarantee every call or message will be detected, delivered, read or answered.

The client's relationship and transactions with its customers remain the client's responsibility. Unless separately authorised in writing, Breaktime is not the seller of the client's goods or services and does not accept liability for their quality, delivery, pricing, refunds, warranties or legal compliance.

11. Social media and content approval

Standard Coffee & Donut includes managed recurring static branded graphics, ordinary carousels, captions, approval, scheduling and publishing. No exact monthly quantity or mix is specified by these Terms. Video, reels and ongoing video production are excluded from standard Coffee & Donut and are separately scoped premium production.

Content publishing and managed follow-up operate only on supported, connected and agreed channels where configured and tested. Facebook and Instagram are the initial supported workflow scope unless later expanded in writing.

This is not a promise that every comment or message on every platform will always be captured or answered. Coverage depends on the connected platform, post, workflow and interaction. Genuine enquiries and useful next steps are prioritised. Routine praise, emojis, spam and low-value comments do not need to be surfaced to the client.

Where the 48-hour content-approval process applies, Breaktime sends a secure external approval link. The client may approve, reject with a change note or reschedule. Revised material returns for approval where applicable. If the client does not request changes within 48 hours of delivery, the batch is deemed approved and may be released for publishing under the agreed process.

The client remains responsible for checking factual statements, prices, offers, claims and policies. Breaktime will correct its own genuine error. Repeated redesign, strategic changes or requests beyond the included allowance may be quoted separately.

12. Third-party platforms, accounts and interruptions

Breaktime services depend on third-party providers such as hosting, telecommunications, payment, email, social, search, AI and automation platforms. Those providers may change features, policies, prices or availability, suspend accounts or experience outages.

Breaktime may reasonably change suppliers, tools or technical methods where this does not materially reduce the purchased service. We are not responsible for a third-party failure outside our reasonable control, but will take reasonable steps to reduce the impact where practical.

Unless specifically stated otherwise, domains, email services and social accounts remain the client's accounts. The client is responsible for third-party charges not expressly included in the plan and authorises Breaktime to access and make changes reasonably required to deliver the agreed service.

13. Fees and tax

The client must pay the price shown in the accepted service agreement, checkout or order. All amounts are in Australian dollars unless stated otherwise.

Breaktime is not currently registered for GST and does not currently charge GST. If Breaktime becomes required to register for GST, applicable pricing and tax treatment will be updated in accordance with Australian law and notified where required.

Breaktime will normally obtain agreement before performing separately chargeable work. One-off premium work may require payment before production begins; recurring extras may be billed in advance under their own terms.

14. Monthly billing and cancellation

The standard monthly options are billed monthly in advance using the payment method provided at checkout. They have no fixed minimum term.

The client may cancel at any time. To stop the next scheduled payment, Breaktime must receive cancellation notice at least 14 days before the next billing date.

If notice arrives fewer than 14 days before the next billing date, that payment may proceed and service continues until the end of the newly paid billing period.

Cancellation does not automatically entitle the client to a refund of fees already paid merely because the client changes its mind or chooses not to use the service for the rest of a paid period. This does not affect any remedy the client is legally entitled to receive.

15. Twelve months upfront

Where selected at checkout, the client purchases a discounted prepaid 12-month service period and receives a 10% saving against twelve monthly payments. This is a payment option for the selected plan, not a third plan.

If the client chooses to stop early for change-of-mind reasons, Breaktime may continue providing the service until the end of the prepaid period. Unused prepaid fees are not ordinarily refundable for change of mind.

This treatment does not exclude, restrict or modify any refund, cancellation, consumer-guarantee or other right that cannot lawfully be excluded under applicable Australian law.

A 12-month-upfront subscription automatically renews for another prepaid 12-month period unless the client gives Breaktime at least 14 days' notice before the renewal date that it does not wish to renew. Breaktime will send a renewal reminder approximately 30 days before the annual renewal date.

If the client changes its mind after an annual renewal payment has been processed, service may continue until the end of the renewed prepaid period and unused prepaid fees are not ordinarily refundable. This remains subject to any rights or remedies that cannot lawfully be excluded under applicable Australian law.

16. Failed payment and suspension

If a recurring payment fails, Breaktime or its payment provider may retry it. We may contact the client and provide a reasonable opportunity to rectify the failure.

If an amount remains overdue after reasonable notice, Breaktime may suspend affected services until payment is brought up to date. This may include publishing, messaging, automations, the Website AI Employee or AI Employee, or hosted services. Breaktime will not charge undisclosed penalty fees. These provisions do not affect rights concerning a genuinely disputed charge.

17. Separate usage allowances, packs and unusually high usage

AI usage and Communications usage are separate allowances and cost pools.

• AI: included monthly allowance → A$20 AI Usage Pack #1 → A$20 AI Usage Pack #2 → account review before a third standard pack in that billing month.
• Communications: included monthly Communications Allowance → A$20 Communications Pack #1 → A$20 Communications Pack #2 → account review before further standard top-up.

Purchased unused pack balance carries forward within its respective pool. Included monthly allowance resets and does not accumulate. A pack's A$20 price is its retail price, not a promise of A$20 of provider costs or unlimited usage.

The applicable allowance, pack capacity and any additional usage charge must be disclosed and agreed before the usage arrangement applies. AI and Communications are reviewed independently after their second pack.

Pre-activation completion required: numerical Coffee and Coffee & Donut AI and Communications allowances, measurement units and pack capacities remain to be specified in the applicable service schedule and receive final commercial/legal review before customer activation or usage automation. This implementation candidate does not specify token, conversation, SMS, minute or other capacity entitlements.

Standard plans are priced for ordinary small-business usage. Messaging, telephone, AI conversation, social interaction or support volumes materially outside ordinary usage can create significant costs.

If usage becomes materially disproportionate, Breaktime will contact the client to discuss it. We will not silently impose an undisclosed ongoing charge; a changed allowance, additional charge or different arrangement will be disclosed and agreed before it applies, unless action is required to prevent abuse, unlawful activity or material platform risk.

18. Support

Support covers operation and correction of services included in the plan. It does not include unlimited consulting, training, strategic workshops, redesign or unrelated technical support. Support is provided during published support hours and is not an emergency 24-hour service unless expressly agreed.

19. Intellectual property and confidentiality

Breaktime retains ownership of its pre-existing and reusable intellectual property, including templates, systems, methods, software, prompts, workflows, automation structures and know-how. The client retains its pre-existing intellectual property and client-supplied content.

Unless otherwise agreed, each party must keep the other's non-public commercial, technical and customer information confidential and use it only for the agreement. This does not apply to information lawfully public, already known without confidentiality obligation, independently developed, lawfully received from another source or required to be disclosed by law.

20. Privacy and communications

Breaktime's handling of personal information is governed by its Privacy Policy, available at https://breaktimemarketing.com/privacy, and should be read with these Terms.

Use of a service is not blanket consent to marketing communications. Operational messages needed to provide a requested report, enquiry, purchased service, billing notice or support response are distinct from marketing. Where marketing consent is required, applicable consent and unsubscribe processes apply.

21. Prohibited use

The client must not use a Breaktime service for unlawful activity, fraud, harassment, misleading conduct, intellectual-property infringement, spam, illegal discrimination or material prohibited by law or relevant platform policies.

Breaktime may refuse an instruction or suspend an affected function where it reasonably believes compliance would expose a person, account or service to material legal, security or platform risk.

22. Termination by Breaktime and its effect

Breaktime may terminate a service on reasonable notice. It may suspend or terminate sooner where the client materially breaches the agreement and does not remedy a remediable breach after reasonable notice, fails to pay an overdue amount, uses the service unlawfully or abusively, creates material platform or security risk, or requires work Breaktime cannot lawfully or safely provide.

On cancellation or termination, amounts already due remain payable. Breaktime may cease affected services and hosting at the end of the paid service period, subject to statutory rights and any separately agreed transition, transfer or buyout.

Sections intended to continue after termination - including payment, intellectual property, confidentiality, liability, dispute and general provisions - continue to the extent required for their operation.

23. Consumer guarantees, liability and indemnity

Nothing in these Terms excludes any guarantee, right or remedy that cannot lawfully be excluded.

To the maximum extent permitted by law, Breaktime is not liable for indirect, consequential or special loss, loss of opportunity, loss of anticipated profit or loss arising from matters outside its reasonable control.

Where liability may lawfully be limited, Breaktime's aggregate liability for the affected service is limited to:

• for a recurring service, the fees paid for that affected service during the 12 months immediately before the event giving rise to the claim; or
• for a one-off service, the amount paid for that affected one-off service.

The client indemnifies Breaktime against reasonable third-party claims, losses and costs arising directly from client-supplied infringing material, false or unlawful information or instructions, the client's products or commitments to its customers, or the client's material breach, except to the extent caused by Breaktime's negligence, unlawful conduct or breach.

24. Events outside reasonable control

Neither party is responsible for delay or failure caused by events genuinely outside its reasonable control, including major telecommunications failure, natural disaster, widespread platform outage, government action, industrial disruption, third-party cyberattack or failure of critical external infrastructure. The affected party must take reasonable steps to reduce the impact and resume performance where practical.

25. Changes to services and Terms

Breaktime may update tools, suppliers and internal processes without separate approval where the change does not materially reduce the purchased service.

For a material adverse change to the ongoing scope, commercial terms or these Terms affecting an active paid service, Breaktime will provide reasonable notice and apply the change prospectively. Where practical, the change will start in a future billing period so a monthly client can cancel before it applies.

26. Disputes

The parties will first try to resolve a problem directly and in good faith. The client should contact [email protected] with relevant details.

If a dispute cannot be resolved directly, either party may propose mediation before court proceedings, except where urgent relief, debt recovery or another immediate legal remedy is reasonably required. Nothing in this clause prevents either party from exercising statutory rights.

27. Governing law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts and tribunals having jurisdiction in Queensland, subject to any law requiring otherwise.

28. General

If a provision is invalid or unenforceable, the remaining provisions continue to the extent permitted by law. A failure to enforce a right immediately does not waive it.

Breaktime may use employees, contractors and service providers to deliver services.

Neither party may transfer its obligations in a way that materially prejudices the other's rights without appropriate notice or consent, except as part of a genuine business sale or restructure where the client's contractual rights are preserved.

29. Contact

Breaktime Marketing
Operated by: GrowthLab AI, trading as Breaktime Marketing
ABN: 48 351 064 144
Email: [email protected]
Business or service address: Toowong Towers, Brisbane, Queensland, Australia

Website: https://breaktimemarketing.com
Terms: https://breaktimemarketing.com/terms
Privacy: https://breaktimemarketing.com/privacy