Guarantee terms

DRAFT. A lawyer must check this before launch. Written by Wren (researcher, not a lawyer) on 17 Oct 2026 from the brief's "Guarantees" section (01 brief.md); updated several times on 18 Oct for the operator's decisions (previous versions: draft-guarantee-terms-2026-10-17.md, -18a, -18b, -18c, and -18d before the operator's decisions on the risk review). 18 Oct risk review: tightened under the operator's standing instruction that the team may tighten the terms to keep the business safe, as long as the landing page's promises don't change. Every change and why: terms-risk-review.md. It is not legal advice. Every [NEEDS …] / [CONFIRM …] / [LAWYER …] is a gap the operator or lawyer must fill. Walter: show the page with its gaps visible, as now, until it's signed off.

For the lawyer, the main questions:

These buyers are probably "consumers" under the Australian Consumer Law (business purchases up to A$100,000). Is the ACL wording in section 7 needed here (it's prescribed text for warranties against defects), and is it right?
Can the conditions in sections 4–5 be relied on without being unfair contract terms (ACL; UK CRA 2015 if any buyer is a consumer, otherwise UCTA 1977; US state law)? The risk review added more conditions, each with a notice-and-fix period and "extend, don't cancel" for small delays, to keep them fair. Please check each one.
UK and US buyers: anything extra needed for them?
Business name and entity (settled by the operator, 17 Oct; ABN Lookup checked by Walter and Wren, 17 Oct). ABN 78 636 258 011 is held by SAKIB, SADMAN, Individual/Sole Trader, active from 1 May 2021, VIC 3168, with registered business names "SPOTLESS DIAMOND SOLUTIONS" (from 10 Jan 2024) and "THE OMELETTE GUYS" (from 9 May 2025). "Clone Your Brand" is not yet a registered business name: register it with ASIC under this ABN before trading under it. Also check the wording "a trading name of Spotless Diamond Solutions": Spotless Diamond Solutions is itself a business name, not a separate legal entity. The legal person is Sadman Sakib as a sole trader, so the correct line may be, e.g., "Clone Your Brand is a business name of Sadman Sakib (ABN 78 636 258 011)". Prices are in USD only (operator, 17 Oct); confirm any GST or price-display rules for Australian buyers. Sole trader = unlimited personal liability: the operator may want advice on trading through a company before launch (see terms-risk-review.md).
"No refunds, except under the 24-hour guarantee" (operator, 17 Oct). The 24-hour money-back promise is the only refund. A blanket "no refunds" line can mislead under the ACL, because consumers keep remedies for major failures, so the drafts add "or where the law gives you a right to a refund". Lawyer: confirm. The "if you stop" wording follows competitors' common pattern (leave-terms-research.md); it is modelled on them, not copied.
Setup fee and the 24-hour guarantee (operator, 17 Oct). On the instalment plans the first instalment is a US$8,000 setup fee. The 24-hour refund is "everything you've paid us for this programme", which now names the setup fee to avoid doubt (risk review). On the instalment plan the next instalment is due only after the clone is delivered, so a missed 24 hours means only the setup fee has been paid (payment-plan-research.md).
Results guarantee also covers done-with-you (operator, 18 Oct). On the Clone Build Accelerator we don't post for the client; the client posts, and the clone is built in their own provider account, so whether 1,000,000 views is reached depends partly on them. Section 4 has the done-with-you conditions (post the videos we make with you at the agreed volume, analytics access). Questions: (a) are these fair and clear enough? A guarantee whose conditions the client can't realistically meet, or that we can easily say they broke, risks being misleading (ACL s18, s29) or an unfair term. The "agreed volume" is written in the order form. (b) The remedy (operator, 18 Oct): for done-with-you, "keep working with you for free" means free consultations and continuing to work with them until they reach it, with no end date. Section 3.3 now spells out what that includes (risk review). (c) Counting views on accounts the client runs: we rely on their analytics access.
24-hour guarantee runs from our approval of the recording (operator, 18 Oct). "Approved" means we approve the recording against our filming checklist, with a 12-hour yes/no (operator). Risk review: added "if we haven't replied within 12 hours, your recording counts as approved", so the promise can't be called illusory, and a pause for a confirmed outage of our AI provider. Lawyer: check the outage pause is fair against a money-back promise. The filming checklist must be sent before recording so the test is objective.
"We take only 5 new clients a month" (operator, 18 Oct). Not in these terms, but the page and video say it. It must be true in practice (ACL s18 / s29(1)(i) on false scarcity; FTC on fake urgency). Keep a monthly sign-up log as evidence.
No end date on the results remedy (operator, on purpose). This is an open-ended obligation: for done-for-you it means at least three videos a day, free, for as long as it takes. The risk review limits it without changing the promise: the remedy keeps the same scope, the conditions keep applying during it, and it ends if the client stops, doesn't pay what's due, or the accounts are lost through the client's own conduct. Lawyer: is that fair, and should the operator consider a long-stop date? (A long-stop would change the page's promise, so it's the operator's call, not ours.)
Platform bans (operator, 18 Oct: protect us only). Section 5 now says: a suspension, ban or restriction caused by the client (their content including approved scripts, their conduct, others using the account, bought engagement, breaking platform rules, ignoring our written advice) ends the results guarantee; one not caused by them extends the 90 days; a platform closing or banning for reasons outside our control lets us count views on the remaining platforms and extend, and never gives a refund. Biggest risk here: we write the scripts and (on done-for-you) post them, so ending the guarantee because a platform acted against a script we wrote and the client approved may be found unfair (ACL UCT) or make the page's guarantee misleading (ACL s18/s29). "Ignoring our advice" is limited to written advice to keep it objective. Lawyer: check, and say whether bans caused by our own scripts need a carve-out.
Plan lengths (operator, 18 Oct). Done-for-you: 90 days paid; done-with-you: 3 months. The free work after a missed target continues past the paid period, same service only; done-with-you free consultations are once a month.

Settled by the operator, 17 Oct: there are two guarantees, and "we keep working with you for free until you do" has no end date, on purpose. 18 Oct: the results guarantee covers done-for-you and done-with-you; the remedy is worded "we keep working with you for free until you do" (page headline: "We Keep Working With You For Free Until You Do"); the 24-hour guarantee runs from our approval of the recording against the filming checklist (12-hour yes/no) and keeps the money back; recording is about 30 minutes.

Last updated: [DATE OF PUBLICATION]

Clone Your Brand (Spotless Diamond Solutions, ABN 78 636 258 011), Melbourne, Australia ("we", "us"). These terms explain exactly how our two guarantees work. They form part of your agreement with us and sit alongside our Terms. If they differ, these guarantee terms win for anything about the guarantees.

Nothing in these terms limits your rights under the law. The guarantees are extra to those rights (see section 7).

1. Which guarantees apply to which programme

Guarantee	Clone Academy (course)	Clone Build Accelerator (done with you)	Done-For-You Clone Engine
1. Ready in 24 hours	No	Yes	Yes
2. Results (views or leads)	No	Yes, on either payment plan, as long as every payment is made on time	Yes, on either payment plan, as long as every payment is made on time

Consultancy isn't covered by either guarantee. Which results guarantee you get (views or leads) is the one shown on the page you applied from, and it is written into your order form before you pay. [CONFIRM: version V = views; versions L and P = leads]

2. Guarantee 1: your clone is ready in 24 hours

The promise: Your clone is ready within 24 hours of your recording being submitted and approved, or you get your money back.

Your recording: about 30 minutes, filmed once, following the filming checklist we send you before you record [NEEDS: the filming checklist].
When the 24 hours start: when we approve your recording. We approve it if it meets every point of the filming checklist. We'll tell you within 12 hours of receiving it whether it's approved, and if it isn't, exactly which points it misses. If we haven't replied within 12 hours, your recording counts as approved and the 24 hours start then. If it isn't approved, the clock starts when we approve the new recording.
"Ready" means: we send you a first video of your clone, speaking in your voice, for you to review. Changes you ask for after that are part of your programme; they don't affect this guarantee.
Outages: if our AI video and voice provider has an outage that stops us building clones, the 24 hours pause for as long as the outage lasts. We'll tell you when it happens and show you the provider's status notice. [LAWYER: check]
If we're late: you get back everything you've paid us for this programme, including any setup fee, within 14 days of asking, to the payment method you used.
How to claim: email hello@cloneyourbrand.com within 14 days of the missed deadline.
What happens after a refund: your programme ends, nothing more is owed by either of us under your order form, and we delete your recording and your clone unless you ask us, in writing, to keep going without the refund.
The only refund: we don't give refunds, except under this 24-hour guarantee (or where the law gives you a right to one). See our Terms, section 10.

3. Guarantee 2: results (Done-For-You Clone Engine and Clone Build Accelerator, paid upfront or on the instalment plan)

3.1 Version V: 1,000,000 views in 90 days

The promise: If your content doesn't reach 1,000,000 views in your first 90 days, we keep working with you for free until you do.

What counts: organic views of the content we make for you (Done-For-You) or with you (Clone Build Accelerator), posted on Instagram, YouTube (Shorts and long form), TikTok, LinkedIn and Facebook, added together. A "view" is the number each platform's own analytics shows as views for that post; where a platform shows only impressions or reach, those don't count as views. The LinkedIn Authority Add-On is included on both programmes, so LinkedIn counts.
What doesn't count: views from paid ads or boosted posts; views of content we didn't make for or with you; views from bought views, followers or engagement, bots or engagement groups; and any views a platform removes as invalid.
When the 90 days start: the day your first post goes live.
How we check: at day 90 we add up the views from each platform's analytics, send you the figures with screenshots, and you can check them in your own accounts. On the Clone Build Accelerator, you give us read access to your analytics (or screenshots within 7 days of us asking).

3.2 Versions L and P: 50 qualified leads in 90 days

The promise: If you don't get 50 qualified leads in your first 90 days, we keep working with you for free until you do.

A qualified lead is someone in your target market who asks to work with you or books a call with you. Your target market is written into your onboarding plan before your first post.
How we count: leads that come through the lead link, keyword DMs or booking link we set up, and any others you show us (for example a DM asking to work with you). [CONFIRM: how leads are tracked and agreed]
When the 90 days start: the day your first post goes live.

3.3 What "we keep working with you for free until you do" means

At no charge, until the target is reached, however long that takes, including after your paid period ends:

Done-For-You (paid plan: 90 days): we carry on with the same service only, at the same volume (your clone makes at least three videos a day, and we post them as you), on the same platforms.
Clone Build Accelerator (paid plan: 3 months): a free consultation once a month, and we carry on working with you: we keep making videos with you at the agreed volume and reviewing your content and results with you.

During this time:

the conditions in section 4 still apply;
the service stays the same as your programme. It doesn't include new platforms, paid ads, or services that weren't in your order form;
it ends when the target is reached, or earlier if you stop your programme, if a payment that was due before the 90 days ended is still unpaid after the notice in section 4, or if an account is suspended, banned or restricted because of something caused by you (see section 5).

3.4 Payment plans

The results guarantee applies on either payment plan (paid upfront, or the instalment plan), as long as every payment is made on time.

4. Conditions

The guarantees apply when all of these are true:

Payments made on time (results guarantee: on either payment plan, every payment made on time).
You record within 7 days of signing.
You approve (or send changes on) scripts within 48 hours of receiving them. You can give us a standing approval for topics and formats you're happy with, so videos don't wait on you.
Content stays posted on the accounts we agreed, and those accounts stay public, in your control and in good standing.
The lead link stays live (your bio link, booking link and DM keywords stay as we set them up).
You give us the access we need, within 7 days of signing: the account roles or scheduling access we ask for (Done-For-You), or analytics access (Clone Build Accelerator).
Clone Build Accelerator only: you post the videos we make with you, at the agreed volume in your order form, on the agreed accounts, without long gaps.
You don't buy views, followers or engagement, or use bots or engagement groups, on the accounts we're counting. These break the platforms' rules and can get accounts limited.
You follow our Terms, including the rules on AI content and what you can't ask us to post (Terms, sections 6 and 7).

Small delays extend, they don't cancel. If you're late with something in conditions 2, 3 or 6, the 90 days (and any deadline that depends on it) extend by the length of the delay.

Notice and a chance to fix it. If any other condition isn't met, we'll tell you in writing and give you 7 days to put it right before it affects your guarantee. If it's put right, the guarantee carries on and the 90 days extend by the time lost.

5. Platforms and things outside anyone's control

Suspensions, bans or restrictions caused by you end the results guarantee. If any account we count is suspended, banned, restricted or removed because of your content (including scripts you approved), your conduct, someone else using the account, bought followers, views or engagement, breaking the platform's rules, or not following advice we gave you in writing, the results guarantee ends for you. We'll tell you in writing. [LAWYER: see lawyer box point 11]
Suspensions and restrictions not caused by you: the 90 days extend by the time lost.
A platform closes, or bans or restricts the account, for reasons outside our control: we may count views on your remaining platforms, and the 90 days extend by the time lost. This never gives a right to a refund (other than any right the law gives you).
Platform changes: platforms change their rules, algorithms and how they count views. If a platform changes how it counts views, we use what its analytics show as views at the time.
Other events outside anyone's control (for example natural disasters, war, government action or major internet outages): the 90 days extend by the length of the event. See our Terms, section 13.

6. Regulated professions

If you work in a profession with its own advertising rules (for example law, dentistry, medicine and other health practice, finance or real estate), tell us when you sign up. We'll write within those rules as you describe them, and you check each script against them before you approve it. Where those rules stop certain content (for example testimonials in health advertising in Australia), the guarantee still applies, and we write within the rules. Following your profession's rules is your responsibility (see our Terms, sections 7 and 12). [LAWYER: check]

7. Your rights under the law

[LAWYER: confirm this prescribed text is needed and current]

These guarantees are in addition to your other rights and remedies under the law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or compensation for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

If you're in the UK, the US or elsewhere, nothing here takes away rights that your local law says can't be removed.

Contact for guarantee claims: Clone Your Brand (Spotless Diamond Solutions, ABN 78 636 258 011), Melbourne, Australia. Email: hello@cloneyourbrand.com · Phone: +61 421 319 700. [LAWYER: postal address for notices, if required]

8. Results vary

Apart from what these guarantees promise in writing, we don't promise any particular number of views, followers, leads, calls or sales, or any income. Views don't guarantee leads or sales. Other people's results shown on our pages are theirs, as they or the named source reported them, and aren't typical.