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Terms

DRAFT. A lawyer must check this before launch. Written by Wren (researcher, not a lawyer) on 17 Oct 2026; updated several times on 18 Oct for the operator's decisions (previous versions: draft-terms-2026-10-17.md, -18a, -18b, -18c, -18d, and -18e 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. Sections are renumbered (new sections 7 and 13). Every change and why: terms-risk-review.md. Not legal advice. Written for an Australian business (Melbourne) selling to buyers in the UK, the US and other English-speaking countries. Every [NEEDS …] / [CONFIRM …] / [LAWYER …] is a gap.

For the lawyer, the main questions:

  1. Australian Consumer Law: buyers are probably "consumers" (business purchases up to A$100,000), so consumer guarantees can't be excluded. Is section 12 (liability) worded so it doesn't try? The risk review proposes a cap using ACL s64A (services not of a kind ordinarily bought for personal use: resupply or the cost of resupply). Check.
  2. Unfair contract terms (standard-form small-business contracts, penalties since Nov 2023): especially sections 4 (late payment, chargebacks), 7 (your responsibility for your claims), 10 (stopping; instalments still owed), 12 (liability and the narrow indemnity) and 15 (changes). UK: if a buyer is a business, UCTA 1977 reasonableness; if a consumer, CRA 2015 Part 2. US: state law. The risk review avoided one-sided terms (every right we take has a notice period, a fix period, or a matching right for the client); please check.
  3. Governing law of Victoria for overseas buyers: enforceable, and anything extra needed for UK or US buyers?
  4. Sales agreed on a call the buyer booked: confirm the unsolicited consumer agreement rules (ACL) and UK cancellation rules don't apply, given these buyers are businesses. Section 1 now has the buyer confirm they're buying for their business and are 18+; it can't override consumer status under the ACL, so check the wording.
  5. 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. Risk review: as a sole trader the operator is personally liable for everything here; ask about trading through a company and professional indemnity / media liability insurance before launch.
  6. "No refunds, except under the 24-hour guarantee" (operator, 17 Oct). A blanket "no refunds" line can mislead under the ACL, so the drafts add "or where the law gives you a right to a refund". The risk review adds a pro-rata refund if we end a programme when the client isn't at fault (section 10), so the no-refund rule isn't one-sided. Lawyer: confirm.
  7. Naming our tools (operator, 17 Oct: the clone tool isn't named on the site unless the law requires it). My reading: not required. UK GDPR Art. 13 asks for "recipients or categories of recipients", and APP 8 / APP 1.4 ask for the countries data is likely to go to, so the drafts describe "an AI video and voice platform, based in the United States". Lawyer: confirm.
  8. Payment terms (operator, 17 Oct, final). Most clients pay in full upfront. The course and consultancy are always paid in full. Instalments only for done-for-you and done-with-you:
    • Done-for-you: US$45,000 on the plan (vs US$40,000 upfront): US$8,000 setup fee at sign-up, then US$18,500 within 24 hours of receiving the clone, then US$18,500 before 1.5 months.
    • Done-with-you: US$18,000 on the plan (vs US$15,000 upfront): US$8,000 setup fee at sign-up, then US$5,000 within 24 hours of receiving the clone, then US$5,000 before 1.5 months. Late instalments: we may pause work until paid (operator); risk review adds written notice and 7 days first, and ending the programme after 30 days unpaid. No interest or late fees (penalty risk). The setup fee is refunded under the 24-hour guarantee (now named in the guarantee terms). Remaining instalments stay owed if a client stops. Figures stay out of customer-facing text ("as set out in your order form"). Check: unfair contract terms (instalments owed after stopping); ACL single-price and price-display rules for the two totals. Background: payment-plan-research.md, leave-terms-research.md.
  9. Using clients' clones and content in our marketing (operator, 17 Oct). The operator wants to feature clients' clones, likeness and content in our marketing, including testimonial videos spoken by the client's clone. Risk review: this is now a separate tick box in the order form, still given at sign-up, that the client can withdraw for future use (section 8), because consent bundled into terms isn't "freely given" under UK GDPR, face and voice may be biometric / special-category data, and a one-sided term could be unfair under the ACL. Also: we never make new videos with a client's clone after their programme ends without their written approval (deepfake / right-of-publicity risk). Remaining questions: (a) is the opt-in wording enough; (b) what happens to marketing already published when it's withdrawn (draft: we stop new uses and take down what we reasonably can within 30 days; ads already bought run to the end of their flight, no more than 30 days); (c) is a "testimonial" spoken by the client's AI clone misleading under the ACL (s18; s29 on false testimonials) or the US FTC rules (Endorsement Guides, 16 CFR Part 255; the 2024 rule banning fake reviews and testimonials, including AI-generated ones)? The draft limits it to what the client actually said or approved in writing, labelled as AI; (d) US state right-of-publicity and digital-replica laws (e.g. New York's disclosure rule for synthetic performers in ads, cited by competitor Avatar Agency as effective 9 Jun 2026).
  10. What done-for-you and done-with-you clients get (operator, 18 Oct). No founding-client offer, no first month free and no price lock, anywhere. Profile Makeover on day one, LinkedIn Authority Add-On, Founder Sessions with Sam (one 30-minute call a week, four a month, for as long as they're a paying client, i.e. their plan is active and payments are up to date; rescheduled if Sam can't take one). Course and consultancy buyers don't get them. Risk review: defined "plan is active" as the paid period in the order form; Clone Build Accelerator is 3 months. Done-For-You plan: 90 days (operator, 18 Oct). "At least three videos a day" and Founder Sessions run for the paid period; Founder Sessions continue while the client keeps paying for a further plan. Free work after a missed 1,000,000 views continues past day 90 under the guarantee, same service only. Also defined: five-week months, missed sessions, no carry-over. Founder Sessions are advice on content and personal brand, not legal, financial or tax advice.
  11. "We take only 5 new clients a month" (page and video) must be true in practice (ACL s18, s29; FTC on fake scarcity); it's not in these terms. Keep a monthly sign-up log.
  12. Results guarantee on done-with-you, and the 24-hour clock from approval (operator, 18 Oct). See the guarantee terms' lawyer box, points 7, 8 and 10.
  13. New in the risk review, needs a lawyer: (a) the indemnity in section 12, now broad (see point 14); (b) regulated professions (section 7: AHPRA/National Law s133 on testimonials in health advertising, solicitors' conduct rules on advertising, UK SRA/GDC/ASA CAP Code, US state bar rules, HIPAA for patient information); (c) AI labelling: the page footer says client content "is AI-generated and labelled as such", so section 6 now makes labelling a commitment, not a recommendation; check against platform rules, the EU AI Act's transparency duties for deepfakes (if any EU audience) and US state laws; (d) using platform account roles and approved tools instead of passwords (most platforms' terms forbid sharing logins); (e) force majeure wording (section 13).
  14. Liability sits with the client (operator, 18 Oct: push as far as the law allows). Sections 7 and 12 now say: the client is responsible for everything they supply, approve or post, and an approved script is their content; a broad indemnity for claims from their content, instructions, accounts and industry rules; our total liability capped at the lower of ACL s64A resupply (or its cost) for services not ordinarily bought for personal use, and the fees paid in the 3 months before the event; no liability for indirect or consequential loss, lost profits, platform decisions or algorithm changes. The "nothing limits your rights under the law" line stays, because without it the whole clause risks being struck out. Lawyer, please check: (a) a cap on fees paid in the previous 3 months may be zero for a client who paid upfront more than 3 months before (e.g. during free work after a missed target); a zero cap is likely to be unenforceable or unfair, so consider "fees paid under the order form" as a fallback floor; (b) a broad indemnity in a standard-form small-business contract is a classic unfair-term example (ACL s24–25), especially where it covers loss we caused. The draft carves out loss "to the extent we caused it", which is the minimum to keep it defensible; (c) "approved script = the client's content" shifts responsibility for content we wrote: it helps with defamation and regulatory claims the client knows about, but may not protect us from our own negligence; (d) UCTA (UK business buyers) reasonableness test; US state law on indemnities and caps. Important: these terms can't protect the operator's personal assets on their own. He trades as a sole trader, so he is personally liable for any claim the terms don't stop. What actually protects his personal assets is trading through a company (Pty Ltd) plus professional indemnity insurance (and media liability cover for defamation and IP). Get advice before launch.

Last updated: [DATE OF PUBLICATION]

Nothing in these terms limits your rights under the law. Where a law gives you rights that can't be excluded (for example under the Australian Consumer Law), those rights apply as well as these terms.

1. Who we are, and who these terms are for

Clone Your Brand (Spotless Diamond Solutions, ABN 78 636 258 011), Melbourne, Australia ("we", "us"). These terms apply when you use our website, book a call, or buy one of our programmes. Contact: hello@cloneyourbrand.com · +61 421 319 700.

Our programmes are for business owners. When you buy, you confirm you're 18 or over and buying for your business. [LAWYER: check wording]

2. The free call

The Clone Blueprint Call is free, takes about 40 minutes on Zoom, Google Meet or another suitable audio or video platform, and doesn't commit you to anything. If a programme looks like a fit, we'll recommend one; if it isn't, we'll tell you.

3. Our programmes

"At least three videos a day" applies during your paid plan (and during any free work under our results guarantee). It means videos made from scripts you've approved (or covered by your standing approval, see section 5). If we miss a day for reasons that are ours, we make up the shortfall within the next 7 days. Days lost because scripts are waiting for your approval, or because a platform is down, aren't counted against us. On Done-For-You we post within each platform's own limits and rules.

Included for every Done-For-You and Clone Build Accelerator client (not Clone Academy or consultancy):

What's included in each, including posting volume and platforms, is written in your order form before you pay. If the order form and these terms differ, the order form wins. [NEEDS OPERATOR: what each tier includes; see page-gaps-answers.md item 1 for the draft]

4. Prices and payment

All prices are in US dollars (USD). Your price, how you pay and when each payment is due are set out in your order form.

[NEEDS OPERATOR/ACCOUNTANT: whether prices include GST, VAT or sales tax]

5. What we need from you

To deliver on time, we need you to:

If you're late with any of these, our deadlines move by the same amount of time.

6. AI content and disclosure

Your content is made with an AI clone of you. We label it as AI-made, using each platform's AI content label where it has one, and a short line in the caption or on screen where the platform or the law requires it. Please don't remove these labels. A person on our team reviews every script before it's posted.

You agree not to use your clone (including in your own account on the Clone Build Accelerator) to mislead people, for example to pretend a live conversation is happening with you, or to break any platform's rules or the law.

You may only clone yourself. We won't build a clone of anyone else, and you must not use your clone to show or speak as anyone else, or to show other real people saying or doing things they didn't, without their written consent.

7. What we won't post, and your claims

Your content is your responsibility. You're responsible for everything you supply to us, approve or post. A script you approve (or one covered by your standing approval) is your content, even though we wrote it, and so is every video made from it. That includes the facts and claims in it (for example results, prices, qualifications, testimonials and before-and-after claims), having the evidence for them, and making sure it follows the law, the platforms' rules and your profession's rules. We write from what you tell us and won't knowingly write anything false.

What we won't make or post: content that is unlawful, defamatory or misleading; that uses other people's material (music, images, footage, words) without permission; that gives individual financial, legal or medical advice to viewers; election or political advertising; or content that shows anyone other than you without their consent. We may decline a script or a request for any of these reasons and will tell you why.

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. Don't send us patients' or clients' personal or health information unless you're allowed to share it and we've agreed how to handle it. [LAWYER: see lawyer box point 13b]

If something is challenged. If a platform, regulator or someone else says a post breaks the rules or their rights, we may take it down while it's sorted out, and we'll tell you.

8. Ownership, your clone, and our marketing

[DRAFT: operator and lawyer to check]

You own your clone and your content. You own your name, face, voice and likeness, your recordings, your clone, and the content we make for you. On the instalment plan, ownership of the finished content passes to you as each payment it relates to is made; until then you can still use it.

What that covers. Your clone is built and hosted on an AI video and voice platform, under that platform's own terms. You own your likeness and the videos made with it; the platform's software and models stay the platform's. Some content may include music, stock footage or fonts that are licensed, not owned: you can use them on the platforms and in the ways the licence allows, and we'll tell you where that applies. Our own templates and frameworks inside your content are licensed to you for that content, for ever.

Where your clone is built. On the Done-For-You Clone Engine, we build and run your clone in our own account with our AI video and voice provider. On the Clone Build Accelerator, your clone is built in your own account with that provider, which you pay for. On Clone Academy, you build it yourself.

Featuring you in our marketing (your choice). Your order form has a separate tick box. If you tick it, you give us permission to feature your clone, your name, your likeness and the content we make for you in Clone Your Brand's own marketing (for example our website, ads, social media and sales calls), during your programme and after it ends, without payment to you. Any testimonial that features you or your clone will only say what you actually said or approved in writing, and will be labelled as made with AI. You can withdraw this permission at any time by email: we'll stop new uses and take down what we reasonably can within 30 days (ads already running end within 30 days). Saying no, or withdrawing, doesn't change your programme or your guarantees. [LAWYER: see lawyer box point 9]

No new videos after you leave. After your programme ends, we won't make any new video with your clone unless you approve it in writing.

What stays ours: our course videos, templates, frameworks, software and know-how. You can use them for your own business while you're a client (and, for Clone Academy, [CONFIRM: for life / for N months]), but not resell or share them.

When your programme ends, we stop making new content for you, remove our access to your social media accounts and give you the finished content we've made for you. Content already published on your accounts stays there: it's yours to keep or remove. We keep other information as set out in our Privacy policy.

9. Guarantees

Our two guarantees (clone ready within 24 hours of your recording being approved, or your money back; and results, on the Done-For-You Clone Engine and the Clone Build Accelerator), and their conditions, are on the Guarantee terms page and form part of these terms.

10. Stopping, and refunds

[DRAFT: operator and lawyer to check]

Stopping. You can stop your programme at any time by emailing hello@cloneyourbrand.com. When you stop, your guarantees and Founder Sessions end, and section 8 explains what happens to your clone and content.

No refunds, except under the 24-hour guarantee. When you stop, we don't refund what you've paid, and any instalments still due under your order form remain payable. The only exceptions are our 24-hour guarantee (see Guarantee terms) and any refund the law gives you a right to.

When we can end your programme. We may end your programme if you seriously break these terms (for example, asking us to clone someone else, asking us to publish misleading or unlawful content, abusing our team, or a payment still unpaid 30 days after it was due), after telling you in writing and giving you 7 days to fix it, unless the breach can't be fixed. If we end your programme for any other reason, when you haven't broken these terms, we refund the part you've paid for and haven't received yet.

11. Results vary

Apart from what our guarantees promise in writing, we don't promise any particular number of views, followers, leads, calls or sales, or any income. Results depend on your market, your offer and things outside our control, such as platform algorithms.

12. Liability

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.

Where the law allows us to limit our liability, and as far as it allows:

You'll cover us for your content and accounts. You agree to cover us (indemnify us) for any claim, loss, fine, penalty or reasonable cost (including reasonable legal costs) that we face because of: your content (including scripts you approved and anything you supplied, such as footage, images, music or testimonials); instructions you gave us; your social media and other accounts and anyone else's use of them; your breaking these terms; or your profession's or industry's rules. This doesn't apply to the extent the loss was caused by our own breach, negligence or wrongdoing. [LAWYER: see lawyer box point 14b–d]

13. Events outside our control

We're not responsible for delays or failures caused by events outside our reasonable control, for example natural disasters, war, government action, major internet or power outages, or a platform or AI provider being unavailable. We'll tell you, keep going as soon as we can, and extend any deadline (including guarantee periods) by the length of the delay. If an event stops us delivering for more than 30 days in a row, either of us can end the programme, and we'll refund the part you've paid for and haven't received yet.

14. Confidentiality

We keep your business information confidential and use it only to deliver your programme. How we handle personal information is in our Privacy policy.

15. Changes to these terms

We may update these terms for future customers. Changes don't apply to a programme you've already bought unless you agree in writing.

16. Law and disputes

These terms are governed by the law of Victoria, Australia. If there's a problem, contact us first and we'll try to resolve it within 30 days. [LAWYER: governing law and courts for UK and US buyers]

17. Contact

Clone Your Brand (Spotless Diamond Solutions, ABN 78 636 258 011), Melbourne, Australia. Email: hello@cloneyourbrand.com · Phone: +61 421 319 700.