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AI-Powered Terms & Conditions Review

T&Cs that don't comply
are worse than none.

Liability exclusions that violate consumer law. Unfair contract terms that are void and unenforceable. Jurisdiction clauses that don't work. Kontractually reviews your terms and conditions against your playbook - ACL (AU), Consumer Rights Act (UK), or UDAP statutes (US) - before you publish.

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T&Cs review checklist

6 provisions to review in every set of terms and conditions.

Kontractually checks these against your playbook rules before you publish.

1
Australian Consumer Law guarantees
ACL consumer guarantees cannot be excluded for consumers. Clauses that attempt to exclude statutory guarantees or limit remedies below ACL minimums are void and may attract penalties.
2
Unfair contract terms
Standard form T&Cs are subject to unfair contract terms provisions. Unilateral amendment rights, one-sided termination clauses, and liability exclusions that create significant imbalance are prescribed unfair terms.
3
Limitation of liability
Is the liability cap adequate? Does it cover all types of loss? Consequential loss exclusions must be expressly stated. For consumer-facing T&Cs, ACL limits what can be excluded.
4
Intellectual property
Who owns user-generated content? What licence does the business require to display user content? Does the licence survive account termination?
5
Jurisdiction and governing law
Which state or territory law applies? Where must disputes be resolved? For Australian businesses dealing with Australian consumers, offshore jurisdiction clauses have limited effect.
6
Dispute resolution
Is there a mandatory dispute resolution process before litigation? Are claims required to be brought individually (no class actions)? Australian courts may not enforce class action waiver clauses.
FAQ

Terms and conditions questions.

More questions? Email us.

No. ACL consumer guarantees (for goods and services supplied to consumers) cannot be excluded. Clauses that purport to exclude or limit ACL guarantees are void. In some cases, liability can be limited (but not excluded) to resupply of the service or a refund - but only where it is fair and reasonable to do so. Kontractually flags clauses that attempt to exclude ACL guarantees.

Since November 2023, unfair contract terms provisions apply to all standard form consumer and small business contracts. Prescribed unfair terms include: unilateral variation rights (terms that allow one party to change the agreement without consent), one-sided termination rights, clauses that penalise one party for breach or termination but not the other, and clauses that limit one party's right to sue. Kontractually flags these provisions for review.

Yes. The unfair contract terms provisions now apply to both consumer and small business contracts (under 100 employees or $10M annual turnover). B2B T&Cs used as standard form contracts with small business customers are subject to the same review. Configure a separate playbook for your B2B T&Cs.

For businesses operating primarily in Australia with Australian customers, yes - an Australian jurisdiction clause is standard and ensures disputes are resolved in a known and accessible forum. Offshore jurisdiction clauses (e.g., California or Delaware) may be unenforceable against Australian consumers under ACL section 67 and similar state provisions.

Review T&Cs when: your services or pricing model changes, ACL amendments are enacted, you start operating in new markets, or you receive a complaint or legal challenge based on your current terms. At minimum, annual review is recommended. Kontractually makes re-review fast - upload and check against your current playbook.

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