Read this before you pay. By placing an order for the Kit, you agree to these Terms.
If you place an order for a business or other entity, you represent that you have authority to bind that entity. The business entity identified at checkout is the Licensee. If no business entity is identified at checkout, the Licensee is the individual who completes the purchase.
These Terms take legal effect when we accept payment for the Kit.
If you have any queries, email [email protected] before purchasing the Kit.
1.1In these Terms:
ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
AI means artificial intelligence technologies, including generative models, used in connection with the Kit to generate content, process information or perform tasks.
Authorised User means a director, officer, employee or contractor of the Licensee who:
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Confidential Information means non-public information disclosed or made available by one party to the other in connection with the Kit that is identified as confidential or reasonably understood to be confidential, including:
Customer Data means all data, information, documents, records, content, branding, instructions, prompts, inputs, outputs, tracker entries, memory notes, logs and other material that the Licensee or an Authorised User supplies, creates, uploads, stores, processes or generates in connection with the Kit, excluding Supplier Materials.
Customer Modifications means original additions, configurations, adaptations, playbooks, workflows, templates and other materials created by or for the Licensee in connection with its use of the Kit, excluding the underlying Supplier Materials incorporated into or used in creating those materials.
Fifth Castle Media and ‘we’, ‘us’ ‘our’ mean Five Castles Pty Ltd ABN 76 651 385 545 trading as Fifth Castle Media.
Kit means the OwnOS: Agentic Chief of Staff product identified at checkout, including the version of Starter-OS, documentation, templates, configuration files, written setup instructions and other Supplier Materials delivered to the Licensee under these Terms, but excluding Third-Party Services.
Licence means the licence to use the Kit granted to the Licensee under clause 6.
Licence Fee means the amount paid by the Licensee for the Kit at checkout, including GST.
Licensee means the business entity identified at checkout as the purchaser of the Kit or, if no entity is identified, the individual who purchases the Kit.
Supplier Materials means the Kit and all intellectual property rights in the Kit, including its operating brief, structure, prompt design, skills, templates, generic playbooks, methods, workflows, configuration files, documentation, branding, know-how and our Confidential Information.
Terms means these Purchase and Licence Terms, as displayed to the Licensee before it completes payment.
Third-Party Services means Claude, Anthropic services, Git, Python and any other third-party software, platform, model, account, plugin, tool or service used with or in connection with the Kit.
You and your mean the Licensee.
1.2Interpretation
2.1The Kit is a self-paced digital product designed for use on the Licensee’s own computer and with the Licensee’s own third-party software and subscriptions.
2.2You acknowledge that the Kit is not supplied with a computer, AI subscription, technical support or managed setup service.
2.3Before purchasing the Kit, the Licensee must ensure that it has the technical requirements identified in the current setup instructions. As at the date of these Terms, those requirements include:
2.4The Kit has not been designed or tested for use on Linux unless we state otherwise in writing.
2.5The Licensee is responsible for obtaining, maintaining and paying for all hardware, software, subscriptions, internet access, permissions and Third-Party Services required to install, access and use the Kit.
2.6Compatibility and performance may depend on the Licensee’s hardware, operating system, security settings, user permissions, internet connection, account settings and the availability, functionality and terms of Third-Party Services.
2.7We do not guarantee that the Kit will operate without interruption or error in every technical environment, or that any Third-Party Service will remain available, compatible or unchanged.
2.8The written setup instructions form part of the Kit. Unless expressly included at checkout, we do not provide personalised installation, setup, troubleshooting or technical-support services. Separate paid implementation services may be available from time to time.
3.1Subject to these Terms and payment of the Licence Fee, we will provide the Licensee with the version of the Kit identified at checkout.
3.2The Kit includes the version of Starter-OS identified at checkout, comprising the operating brief, memory scaffold, skills, playbooks, templates, configuration files and written instructions for setting up and using the Kit.
3.3The Kit will be delivered electronically to the email address provided at checkout, marked with the Licensee’s name or business name. Delivery is normally immediate and will occur within one Business Day after we accept payment.
3.4The Kit is supplied as a self-paced digital product. Unless expressly included at checkout, you acknowledge that the Kit does not include:
3.5Any guided build, Melbourne day, training, consulting or other service is separate from the Kit and is subject to the terms, availability, booking requirements and fees stated for that service at the time of booking.
3.6The Kit is supplied in the form and version current at the time of purchase. The Licensee acknowledges that the Kit may require configuration and use in accordance with the written setup instructions and that outcomes may vary according to the Licensee’s business processes, Customer Data, technical environment, use of Third-Party Services and implementation decisions.
4.1The Licence Fee is the price displayed at checkout, in Australian dollars and inclusive of GST.
4.2The Licence Fee is payable in full at checkout. We will issue a tax invoice to the email address provided at checkout.
4.3Any promotional price applies only during the period, and subject to the conditions, stated in the relevant offer.
4.4The Licence Fee covers the Kit only. It does not include the cost of Third-Party Services, subscriptions, hardware or separately purchased services.
5.1By completing payment for the Kit, you accept these Terms and the legally binding agreement between us takes effect when we accept payment.
5.2The Licence is granted to the Licensee identified at checkout. If no business entity is identified, the Licence is granted to the individual purchasing the Kit.
5.3Any person purchasing the Kit on behalf of a business or other entity represents that they are authorised to bind that entity to these Terms.
5.4You must provide complete and accurate checkout information, including the Licensee’s legal name, any business or trading name to be shown on the Kit and a current email address for delivery, invoices and notices.
5.5The Licence covers one Licensee only. It does not extend to a parent company, subsidiary, related body corporate, franchisee, joint venture participant or other separate entity unless we expressly agree in writing.
6.1Subject to payment of the Licence Fee and your compliance with these Terms, Fifth Castle Media grants the Licensee a non-exclusive, non-transferable, non-sublicensable Licence to use the Kit through its Authorised Users solely for the Licensee’s internal business operations. The Licence is perpetual unless terminated in accordance with these Terms.
6.2No ownership of the Supplier Materials passes to the Licensee. Ownership of the Supplier Materials, Customer Data and Customer Modifications is addressed in clause 8.
6.3Subject to compliance with these Terms, the Licensee may:
6.4Except as expressly permitted by these Terms, the Licensee must not, and must ensure that its Authorised Users do not:
6.5For the avoidance of doubt, these restrictions do not prevent the Licensee from using the Kit to support the provision of its ordinary products or services to customers, provided it does not supply those customers with Supplier Materials or access to the Kit.
6.6Nothing in these Terms prevents the Licensee from using its general skills, knowledge and experience or independently developing materials without copying or using Supplier Materials or our Confidential Information.
6.7The Licensee must ensure that each Authorised User complies with these Terms when accessing or using the Kit. The Licensee is responsible for their acts and omissions in connection with the Kit as if they were its own.
6.8The Licensee must immediately cease providing a person with access to the Kit when that person ceases to be an Authorised User.
7.1Each party must:
7.2The Licensee may disclose our Confidential Information to Authorised Users as necessary to operate the Kit for its internal business operations.
7.3Either party may also disclose Confidential Information to its professional advisers. We may disclose it to personnel and contractors needing access to perform our obligations under these Terms. These recipients must be bound by contractual or professional confidentiality obligations no less protective than those in this clause 7.
7.4Each party must ensure its recipients comply with the applicable confidentiality obligations.
7.5These obligations do not apply to information the receiving party can demonstrate:
7.6A party may disclose information as required by law, a court or regulator. Where legally permitted, it must give reasonable prior notice to the other party and disclose only what is required.
7.7This clause survives termination of the Licence while the information remains Confidential Information.
8.1We retain ownership of the Supplier Materials and all intellectual property rights owned by us. Third-party materials remain owned by their respective owners.
8.2Except for the Licence, no ownership or other rights in the Supplier Materials pass to the Licensee.
8.3As between the parties, the Licensee retains ownership of its Customer Data, pre-existing materials and Customer Modifications to the extent intellectual property rights subsist in them and are owned by the Licensee.
8.4Nothing in these Terms transfers those materials to us or permits us to use them except as provided for in these Terms.
8.5The Licensee may configure, adapt and extend the Kit for its internal business operations under clause 6.
8.6Ownership of Customer Modifications does not extend to underlying Supplier Materials incorporated into or used to create them. Those Supplier Materials remain subject to the Licence and these Terms.
8.7Customising the Kit does not permit the Licensee to sell, distribute, sublicense or otherwise make it available to third parties.
8.8We do not receive or access Customer Data merely because the Licensee uses the Kit.
8.9If the Licensee provides Customer Data to help us resolve a delivery issue or perform our obligations, it permits us to use that data only as reasonably necessary for that purpose, subject to clause 7.
8.10Access to Customer Data for separately purchased services is governed by those services’ terms.
8.11Third-party components remain subject to the licences and notices identified in any third-party notices supplied with the Kit. Those licences govern the relevant components to the extent required by their terms.
9.1If the download in connection with the Kit is corrupted, incomplete or cannot be opened because of a defect in the supplied file, contact us at [email protected]. We will replace the download or otherwise remedy the delivery issue at no additional charge.
9.2The Kit includes written instructions for installation, setup and day-to-day use.
9.3Unless expressly included at checkout, the Licence Fee excludes:
9.4We may direct the Licensee to the written instructions or offer separately paid services, subject to the terms agreed for those services.
9.5These support exclusions do not limit any obligation to remedy a defect or failure in the Kit under the ACL.
10.1The Kit is designed for use with Third-Party Services, including AI services. Those services are supplied by their providers, not by us.
10.2The Licensee is responsible for:
10.3You acknowledge that Fifth Castle Media does not control Third-Party Services or guarantee their ongoing availability, compatibility, functionality, security or pricing and that changes to those services may affect the Kit’s operation.
10.4The Licensee is responsible for deciding what Customer Data it makes available to Third-Party Services and ensuring it has the necessary rights, permissions and consents.
10.5Before providing personal, confidential, commercially sensitive or privileged information, the Licensee must assess the applicable third-party terms, privacy settings and data-handling practices.
10.6The Licensee must maintain appropriate backups, access controls and security measures for its devices, accounts and Customer Data. The Kit’s version-control or recovery functionality does not replace independent backups.
10.7AI outputs may be inaccurate, incomplete, outdated or unsuitable. The Kit and its outputs do not replace professional advice or the Licensee’s judgment.
10.8The Licensee must review and, where appropriate, independently verify outputs before relying on them, communicating them or using them to take action.
10.9The Licensee remains responsible for its business decisions and authorising actions using the Kit, including changes to files, records, systems or communications.
10.10Nothing in this clause excludes or limits any right or liability that cannot lawfully be excluded or limited, including under the ACL.
11.1If the Licensee books a guided 1:1 build or a place at the Melbourne day or any other paid event hosted and operated by Fifth Castle Media within 30 days after purchasing the Kit, we will credit the full Licence Fee against the booking price.
11.2The credit referred to in clause 11.1:
11.3The booking must be made within the 30-day period, but the service may take place later.
11.4Bookings are subject to availability and the separate terms disclosed before booking. Those terms govern cancellation, rescheduling and the treatment of the credit.
11.5This clause does not limit any right to a refund or other remedy under clause 12 of these Terms.
12.1Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified, including under the ACL.
12.2If the Kit fails to comply with an applicable consumer guarantee, the Licensee is entitled to the remedies available under the ACL. These may include repair, replacement, refund or compensation, depending on the failure and applicable law.
12.3Unless required by law or expressly agreed by us, we do not provide change-of-mind refunds after delivery, including where the Licensee no longer needs the Kit or prefers another product or service.
12.4This policy does not affect rights to a remedy for a defect, failure or other matter covered by the ACL or another applicable law.
12.5If you wish to request a remedy, contact us at [email protected] with your purchase reference and a description of the issue. We may request information reasonably necessary to assess and resolve it. Any assessment or remedy will be provided without limiting the Licensee’s statutory rights.
13.1This clause is subject to clause 12. Nothing in these Terms excludes, restricts or modifies any right, remedy or liability that cannot lawfully be excluded, restricted or modified.
13.2To the extent permitted by law, neither party is liable to the other for indirect or consequential loss arising from or connected with these Terms.
13.3Subject to the exceptions below, our aggregate liability arising from or connected with the Kit or these Terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the Licence Fee.
13.4The exclusion of indirect or consequential loss and our liability cap do not apply to:
13.5Each party’s liability is reduced to the extent the other party caused or contributed to the loss. Each party must take reasonable steps to mitigate loss arising from or connected with these Terms.
14.1The Licence covers the version of the Kit supplied at purchase.
14.2Unless expressly included at checkout or separately agreed in writing, the Licence Fee excludes future versions, feature upgrades, ongoing maintenance and compatibility updates.
14.3We may offer later versions or updates to existing licensees. Prices, eligibility requirements and additional terms will be disclosed before acceptance.
14.4An update does not amend these Terms unless the parties agree in writing.
14.5This clause does not limit our obligation to remedy defects or failures under clause 12.
15.1We may terminate the Licence by written notice if the Licensee materially breaches clause 6 or 7 and the breach:
15.2Without limitation to any rights to termination, refund or another remedy under clause 12 or the ACL, the Licensee may terminate these Terms by written notice if we materially breach them and the breach:
15.3On termination of the Licence, the Licensee must stop using the Supplier Materials and, if requested, delete or destroy copies in its possession or control.
15.4Copies may be retained where required by law or held in routine backups that cannot reasonably be separately deleted. Retained copies remain subject to clause 7 and must not be used to operate the Kit.
15.5If a backup is restored, the Licensee must remove the Supplier Materials before resuming operational use of the restored files.
15.6The Licensee need not delete Customer Data or independently created materials but must remove or cease using Supplier Materials incorporated into them.
15.7Termination does not affect any accrued rights or liabilities.
15.8The restrictions in clause 6, clauses 7, 8, 12 and 13, this clause and clause 16 survive termination to the extent relevant to their operation.
15.9Nothing in this clause 15 will prevent or restrict a party from seeking injunctive relief in the courts or commencing proceedings where this is reasonably necessary to avoid any loss of a claim due to the statutes of limitations.
16.1Notices to us under these Terms are to be emailed to [email protected]. Notices to the Licensee under these Terms are to be emailed to the email address supplied at the checkout or another address subsequently notified to us.
16.2Notices are deemed received on the next Business Day after sending, unless the sender receives a delivery-failure notification or otherwise knows delivery failed.
16.3The Licensee must not assign or transfer the Licence without our written consent, which we will not unreasonably withhold or delay.
16.4We may transfer our rights and obligations as part of a sale or transfer of the business supplying the Kit if the successor assumes our obligations and the transfer does not materially prejudice the Licensee’s rights. We will notify the Licensee in writing.
16.5These Terms and the product description, price and expressly agreed inclusions displayed at checkout form the agreement for purchasing and licensing the Kit.
16.6These Terms prevail over inconsistencies, except that checkout information governs the product version, Licence Fee and expressly included services.
16.7Applicable third-party licences govern the relevant components to the extent required by those licences.
16.8The agreement documents constitute the entire agreement concerning the Kit and replace prior agreements and understandings on that subject.
16.9This provision does not exclude liability for misleading or deceptive conduct or limit rights or remedies that cannot lawfully be excluded.
16.10These Terms may be amended only by written agreement between us and the Licensee. Publishing revised terms does not amend an existing agreement.
16.11Failure or delay in exercising a right does not waive it. A waiver must be in writing and applies only to the specified circumstances.
16.12Invalid or unenforceable provisions are severed to the extent necessary. The remaining provisions continue in effect.
16.13These Terms will be governed by and construed in accordance with the laws of Victoria, Australia and the courts of Victoria, Australia will have exclusive jurisdiction regarding any disputes arising from or in connection with these Terms.