Barking Owl AI — Terms and Conditions

Short form, v1 — 6 August 2026

Please read these terms carefully before using this website or the Barking Owl AI service. By accessing or using barkingowlai.com.au or the Barking Owl AI platform (the Service), you agree to be bound by these terms. If you do not agree, please do not use the Service. These terms should be read together with our Privacy Policy.

In these terms, “we”, “us” and “our” refer to Barking Owl AI, a trading name of Nicholas Duell (ABN 33 562 939 503). “You” refers to the person or business using the Service.

About the Service

Barking Owl AI is a subscription analytics service that tracks how AI platforms such as ChatGPT, Gemini, Copilot and others describe, mention and recommend your business. We submit prompts to these platforms, record what they say, and provide you with reports and insights based on that data.

Accounts and Subscriptions

You need an account to use the Service. You are responsible for keeping your login details secure and for all activity on your account. Subscriptions are billed in advance and renew automatically unless cancelled before the renewal date. You can cancel or change your plan at any time through your account settings. Fees already paid are non-refundable except where required by the Australian Consumer Law.

AI Outputs Are Not Guaranteed to Be Accurate

AI platforms are known to produce responses that are inaccurate, outdated, biased, or entirely fabricated. Everything the Service reports about what an AI platform said is provided for informational purposes only. We record what an AI platform said — we do not verify that it is true, and we make no representation that it is accurate. You should not rely on any AI output as legal, financial, medical, or other professional advice.

No Guaranteed Outcome

We do not guarantee any particular ranking, mention, visibility, sentiment, or business outcome from using the Service. AI platforms are operated by third parties we do not control, and their behaviour can change at any time without notice.

Your Content

You own the brand names, prompts, keywords and other information you submit to the Service (“Your Content”). You grant us permission to use Your Content to provide the Service to you. You are responsible for making sure you have the right to submit Your Content and that doing so doesn’t break any law.

Data We Capture From AI Platforms

As part of the Service, we submit prompts to AI platforms using our own accounts and record their responses (“Captured Data”). Because we generate Captured Data ourselves rather than receiving it from you, it belongs to us — it is not Your Content. We keep Captured Data as a historical record, including after your subscription ends, so that reports can be recalculated and compared over time. You can access and export your reports while your subscription is active.

Agencies

If your plan allows it, you may use the Service to track brands on behalf of your own clients and include the results in your own reporting. You’re responsible for making sure you have your client’s permission to do this, and for how you present the results to them.

Acceptable Use

You must not use the Service to build a competing product, resell access to the Service without our permission, or use it in a way that breaks the law or any AI platform’s own terms.

Intellectual Property

We own the Barking Owl AI platform, software, branding, and methodology. Nothing in these terms gives you rights to any of that beyond using the Service as intended.

Liability

To the extent permitted by law, we exclude all warranties other than those that cannot be excluded under the Australian Consumer Law, and our liability is limited to the fees you’ve paid us in the 12 months before a claim arises. We are not liable for indirect or consequential loss, or for anything an AI platform does or says.

Availability

We aim to keep the Service running smoothly but don’t guarantee it will always be available or error-free.

Ending Your Subscription

You can cancel at any time. We may suspend or end your access if you breach these terms or don’t pay your fees.

Changes to These Terms

We may update these terms from time to time. We’ll let you know about any significant changes.

Governing Law

These terms are governed by the laws of Victoria, Australia.

Contact Us

Questions about these terms? Email legal@barkingowlai.com.au.