Terms and Conditions

Effective Date: 01 June 2024

Last updated: 8 October 2024

Please read these terms and conditions carefully before using Our Service.

By using our platform, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms and conditions, please refrain from using our services. These terms and conditions may be updated from time to time, and it is your responsibility to review it periodically for changes.

Interpretation and Definitions

Interpretation

Words with capitalized initials carry meanings ascribed under the ensuing conditions. The ensuing definitions maintain uniformity, whether in singular or plural form.

Definitions

For the objectives of these Terms and Conditions:

• Affiliate refers to an entity controlling, controlled by, or under common control with another party, where "control" implies ownership of 50% or more of shares, equity interest, or other securities eligible to vote for the appointment of directors or other managing authority.
• Account denotes a unique account established for Your access to our Service.
• Country pertains to Victoria, Australia.
• Company (termed as "the Company," "We," "Us," or "Our" in this Agreement) denotes Informly, situated at 80 Market Street, South Melbourne, Victoria 3205, Australia.
• Content encompasses text, images, or other information that may be posted, uploaded, linked to, or otherwise made accessible by You in any form.
• Device includes any tool capable of accessing the Service, such as a computer, cellphone, or digital tablet.
• Feedback comprises opinions, innovations, or suggestions conveyed by You regarding the attributes, performance, or features of our Service.
• Service relates to the Website.
• Terms and Conditions (also termed as "Terms") signify these Terms and Conditions forming the comprehensive agreement between You and the Company concerning the Service usage.
• Third-party Social Media Service represents any service or content (including data, information, products, or services) supplied by a third party, potentially displayed, included, or made accessible via the Service.
• Website denotes Informly for Businesses, accessible at https://businesses.informly.ai.
• You pertains to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual accesses or uses the Service, as applicable.

Acknowledgment

These represent the Terms and Conditions governing Service usage and the pact between You and the Company. These Terms and Conditions delineate the rights and responsibilities of all users regarding Service utilization.

Access to and utilization of the Service are contingent upon Your acceptance of and adherence to these Terms and Conditions. These apply to all visitors, users, and others accessing or using the Service.

By accessing or using the Service, You express consent to be bound by these Terms and Conditions. Disagreement with any portion of these Terms and Conditions prohibits Your access to the Service.

You confirm that you are at least 18 years old. The Company prohibits individuals under 18 from utilizing the Service.

Service access and usage also hinge on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy elucidates Our procedures and protocols regarding the collection, use, and disclosure of Your personal information when utilizing the Application or the Website. It informs You about Your privacy rights and legal protections. Please review Our Privacy Policy meticulously before employing Our Service: https://businesses.informly.ai/privacy

Placing Orders for Goods

Should the Service facilitate goods ordering, Your placement of an order through the Service implies Your legal capacity to enter binding contracts.

Your Information

If You wish to place an Order for Goods accessible on the Service, You may be prompted to provide specific information relevant to Your Order, including but not limited to Your name, email, phone number, credit card details, credit card expiration date, billing address, and shipping information.

You affirm and guarantee that: (i) You possess the legal right to employ any credit card(s) or alternative payment method(s) concerning any Order; and (ii) The information You furnish to us is accurate, truthful, and complete.

Order Cancellation

We hold the prerogative to reject or annul Your Order at any juncture for particular reasons, including but not restricted to Goods unavailability, inaccuracies in Goods descriptions or pricing, or inaccuracies in Your Order.

Returns and Refunds Policy

Returns are subject to our sole discretion, and we reserve the right to accept or decline return requests without providing justification.

Availability, Errors, and Inaccuracies

Our Service continually updates its Goods offerings. Goods available on Our Service may be inaccurately priced, inaccurately described, or unavailable. Delays in updating information on the Service and in Our external advertising may occur.

Subscriptions

Subscription Options and Cancellation Policy

We offer optional subscription plans for enhanced features and services. Subscribers may cancel their subscription at any time. However, it is important to note that any charges incurred up until the end of the current billing period are non-refundable.

Subscription Renewal

Subscriptions will automatically renew at the end of each billing period. To avoid automatic renewal, subscribers must cancel their subscription before the end of the current billing period. This ensures uninterrupted access to our services for those who wish to continue their subscription.

Subscription Limitations

Each user is limited to one subscription plan at any given time. This ensures a streamlined and focused user experience with our services.

Managing Subscriptions

Subscriptions are managed through the Billing Portal (accessible via the Dashboard). This portal is powered by Stripe, ensuring a secure and efficient way for users to oversee their subscription details.

Subscription Plan Changes

Users wishing to upgrade their existing subscription plan must directly contact us. Our team will assist with the necessary adjustments to ensure your subscription meets your evolving needs.

Pricing Model Changes

We reserve the right to modify the pricing model for subscription plans at any time. Changes to the pricing model will affect existing subscribers only after the conclusion of their current billing period. This ensures that all changes in pricing are communicated and applied consistently and fairly to all subscribers.

Trials

Trial Offerings

We may, at our discretion, offer trial subscriptions for our software from time to time. These trial offers allow users to experience the features and services without immediate charge. Please note that the availability, duration, and features of such trial subscriptions may vary and are subject to change or termination by us without prior notice.

Trial Requirements

To initiate a trial, users may be required to provide valid payment details through our secure payment gateway, powered by Stripe. Users will not be charged at the onset of the trial period unless they take action to activate a full subscription before the trial period concludes. In such cases, the user's payment method will be charged immediately, and their subscription to our services will commence without delay.

Trial Cancellation and Billing

Users have the flexibility to cancel their trial subscription at any time prior to the end of the trial period. To cancel, users must access the Billing Portal (accessible via the Dashboard). If the trial is cancelled within the specified trial period, the user will not incur any charges.

However, it is crucial for users to understand that if the trial is not cancelled before its conclusion, the subscription will automatically convert to a paid subscription, and the user's payment method on file will be charged accordingly. It's important to note that refunds are not available for charges incurred due to failure to cancel a trial subscription before its automatic conversion to a paid subscription.

User Accounts

When You create an account with Us, You must furnish Us with information that is accurate, complete, and current at all times.

Acceptable Use

User agrees to use the Service in accordance with the law at all times and only in ways that the Service was designed to be used.

User agrees not to use the Service for the Unacceptable Uses.

The parties agree that a breach of this acceptable use clause gives the Company the right to immediately suspend User’s access to the Service until the Company is reasonably satisfied that the use breaching this clause will be discontinued.

Unacceptable Uses

means using the Service:

• for the purpose of finding security vulnerabilities;
• in a way that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Informly’s systems or networks, or any systems or networks connected to the Services;
• to gain competitive intelligence about Informly or the Service;
• to research, compete with Informly or create or sell a similar product or information;
• with an Account that the User did not establish;
• with any automated means like “scrapers” or “bots”;
• to communicate or store any Prohibited Information; and
• such that the use interferes with Informly’s ability to provide the same Service to other parties.

Prohibited Information

means information that:

• could reasonably be considered racist, hate speech, defamatory, obscene;
• could be construed as “high pressure sales tactics”;
• infringes the intellectual property rights of a third party;
• could reasonably harass any third party;
• creates any kind of liability for Informly whatsoever;
• is pornographic in nature;
• might create risk of harm (mental and physical);
• could reasonably be categorised as ‘malware’; or
• is unlawful or unlawfully communicated.

Content

Our market research platform uses AI algorithms to analyse and generate content based on the information provided. While we strive to provide accurate and relevant information, we cannot guarantee the completeness, accuracy, or reliability of the generated content.

The content generated by our AI is not intended to constitute legal, financial, professional, or any other type of advice. It is for informational purposes only. Users are encouraged to seek professional advice tailored to their specific circumstances.

The fact that our AI may generate content related to a particular topic or industry does not constitute an endorsement or recommendation. Users should conduct their own research and due diligence.

AI Content Copyright Disclaimer

Our Service uses AI algorithms to generate content. We are not responsible for any copyright violations that result from the content generated by the AI. If such violations occur, we request the relevant party to contact us immediately to rectify the issue.

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Intellectual Property

All original content, features, and functionalities within the Service remain the exclusive property of the Company and its licensors, protected by intellectual property laws. Users are prohibited from reproducing, distributing, or modifying any part of the Service without prior written consent from the Company.

Fair Usage Policy

To ensure the efficient and effective operation of our platform, a fair usage limit may apply to certain plans or subscriptions offering unlimited report generation. For these plans, a fair usage limit of 50,000 reports per year is established based on typical usage patterns to meet the needs of our clients.

We monitor usage to ensure compliance with this limit. If usage approaches the limit, we will notify clients to help manage their report generation within the allowed threshold.

We may revise this Fair Usage Policy from time to time to reflect changes in usage patterns or business needs. Clients will be notified of any significant updates.

Promotional or Coupon Codes

Our provision of promotional or coupon codes is entirely at our discretion. While each promotional code will align with the general terms and conditions outlined in this Agreement, it may also be subject to supplementary terms and conditions.

Specific cases may involve codes offered to individuals subscribing to our newsletter. In such instances, the code is applicable for one-time use per account. Additionally, this is not an exhaustive list, and promotional or coupon codes may be offered under different conditions not explicitly stated herein.

We retain the right to terminate or modify any promotional or coupon code at our discretion, and such changes may occur without prior notice.

Referral Program

Overview

Our Referral Program rewards users for introducing new paying customers to our Service. Participation in the Referral Program is subject to the terms and conditions outlined in this section.

Eligibility and Rewards

1. Referral Definition: A referral qualifies when a new user signs up for our Service using the unique referral code provided to an existing user and makes a purchase of either a single report or subscription involving monetary payment.

2. Reward Structure: For every two successful referrals, the referring user will receive a free report. This reward is credited to the referring user's account and is applicable for their next purchase.

3. Timing of Free Reports: Free reports are credited to the referring user's account 30 days after the referred user has completed a purchase. This delay is to accommodate any potential claims or refunds.

4. Usage of Free Reports: Free reports must be used on the subsequent purchase following their accrual, irrespective of whether the user holds an active subscription.

5. Non-Convertible Rewards: Free reports are solely for the purpose of obtaining services offered by our Service and cannot be exchanged for cash, other monetary claims, or refunds.

Monitoring and Management

1. Accessing Referral Information: Users can view their unique referral code along with the status of their referrals and rewards by navigating to the 'Referral Program' section located within their Dashboard profile.

Program Modification and Termination

1. Company Rights: The Company reserves the right to modify, suspend, or discontinue the Referral Program at any time without notice, at its sole discretion.

2. Program Availability: The Referral Program may not always be active. The Company does not guarantee the continuous availability of the Referral Program and may choose to run it intermittently or for limited periods.

3. Cancellation of Referral Program for Specific Users: The Company also reserves the right to terminate any user’s participation in the Referral Program and cancel any accrued free reports if the user violates any terms and conditions of the Service, including but not limited to those outlined in the Referral Program terms.

By participating in the Referral Program, you agree to these terms and acknowledge that the rewards are promotional and subject to the conditions specified herein.

Affiliate Program

Overview

Our Affiliate Program allows registered users ("Affiliates") to earn rewards by referring new customers to our Service. Affiliates generate unique referral links through their user dashboard, which can be shared with potential new users. When a new user signs up for our Service using an Affiliate's referral link, the Affiliate may be eligible for commissions, subject to the terms and conditions outlined in this section.

Eligibility

To participate in the Affiliate Program, you must be a registered user of the Service and in good standing. Participation is subject to approval by the Company, and we reserve the right to refuse participation to any applicant for any reason, at our discretion.

Commissions and Payments

Affiliates earn a commission for each valid referral, as defined by the following criteria:

• The referred customer must click on an Affiliate's referral link and complete the sign-up process for the Service within a specified timeframe.
• Commissions are only paid out for referrals that result in a successful sale of a report or a subscription.
• The specifics of commission rates, payment schedules, and methods will be detailed on your Affiliate Dashboard or provided to you in writing outside of the Dashboard and may be updated by the Company from time to time.
• Payouts will be made to the Affiliate's designated payment method, as specified in the Affiliate Dashboard or communicated to the Company in writing.
• Payouts will be made in the currency of the Company's choosing, and any currency conversion fees will be borne by the Affiliate.
• Payouts will be made with a minimum threshold of USD 10. If a balance is below this threshold, it will be carried over to the next payout period.
• Any applicable payouts will be made manually at the start of the following month. To accommodate any potential refund situations, the Company will add a delay of 15 days before processing payouts. This means commissions earned in one month will be paid out 45 days later, ensuring that refunds can be appropriately accounted for before disbursing commissions.
• Affiliates are responsible for any taxes or fees associated with their earnings from the Affiliate Program.

Obligations of Affiliates

Affiliates agree to:

• Use ethical and legal means to promote the Service and obtain referrals.
• Avoid misrepresenting the Service, the Affiliate Program, or potential rewards.
• Comply with all applicable laws and regulations, including those governing advertising, privacy, and data protection.

Restrictions

Affiliates are prohibited from:

• Using spam or unsolicited emails to seek referrals.
• Bidding on keywords in paid search advertising that compete with the Company's own campaigns without prior written consent.
• Creating "official" or misleadingly similar websites or social media accounts that could be confused with those of the Company.

Termination and Modification

The Company reserves the right to terminate an Affiliate's participation in the program or modify the terms of the Affiliate Program at any time, without notice. Reasons for termination may include, but are not limited to, a breach of these terms, illegal or unethical promotion activities, fraudulent activity, misuse of the Affiliate Program, or any action that brings disrepute to the Company.

Intellectual Property

Affiliates are granted a non-exclusive, non-transferable, revocable license to use the Company's trademarks and promotional materials provided through the Affiliate Program for the sole purpose of promoting the Service. All intellectual property rights remain with the Company, and this license can be revoked at any time.

Indemnification

Affiliates agree to indemnify, defend, and hold the Company harmless from any claims, damages, expenses, or liabilities arising from their participation in the Affiliate Program, including but not limited to their breach of these Affiliate Program terms.

Disclaimer

The Affiliate Program is provided on an "as is" basis. The Company makes no warranties regarding the program's availability, performance, or potential earnings.

Governing Law

The terms of the Affiliate Program shall be governed by and construed in accordance with the laws of the jurisdiction of the Company, without giving effect to any principles of conflicts of law.

For any questions or concerns regarding the Affiliate Program, please contact us using the contact information below.

By participating in the Affiliate Program, you agree to these terms and conditions.

Satisfaction Guarantee

We stand behind the quality of our service, and we are committed to ensuring your satisfaction with our service. If, for any reason, you are unhappy with the report you receive, we offer a Satisfaction Guarantee under the following terms:

1. Notification: To initiate the Satisfaction Guarantee process, you must send an email to info@businesses.informly.ai within 7 days of the purchase date, expressing your dissatisfaction.

2. Form Submission: Upon receipt of your email, we will promptly send you a form to fill out, explaining the specific reasons for your dissatisfaction with the report.

3. Coupon Code Issuance: After receiving the completed form, we will review your feedback. If deemed eligible, we will email you a unique coupon code within a reasonable timeframe. The application maybe deemed ineligible if the user's input into the service was not detailed enough as per the instructions.

4. Re-Generation of Report: You can use the provided coupon code to re-generate an improved report free of charge using our Service.

5. Limitations: This Satisfaction Guarantee process can be utilized twice per customer at a maximum. Subsequent requests beyond the two instances will not be eligible for the guarantee.

Please note that this Satisfaction Guarantee is subject to the terms outlined herein and does not extend to situations beyond the control of Informly, such as technical issues, interruptions in service, or inaccurate information provided by the user.

This clause is an integral part of our commitment to ensuring your satisfaction and providing a valuable experience with our Service.

Links to Other Websites

Our Service may include links to third-party websites or services not owned or governed by the Company.

Termination

We reserve the right to promptly terminate or suspend Your Account for any reason, without prior notice or liability, including but not limited to Your breach of these Terms and Conditions.

Input Qualification

We reserve the right, at our sole discretion, to reject or not consider any topics/inputs, or inquiries that do not meet our established criteria. These criteria may include, but are not limited to, failing to meet the startup criteria, alignment with our company's values, goals, strategic direction, compliance with applicable laws and regulations, and feasibility of implementation. This right applies to all submissions, regardless of the method or manner of submission, and to all potential business relationships, collaborations, or partnerships.

We are not obligated to provide a detailed explanation for the rejection of a submission, though we may, at our discretion, offer feedback or reasons for our decision. Our decision to reject any submission is final and is not subject to appeal or reconsideration.

Indemnification

You agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

1. Your use of the Service;
2. Your breach or violation of these Terms and Conditions;
3. Your violation of any rights of any third party;
4. Your User Content or any other content you submit or provide through the Service;
5. Any unauthorized use of the Service by you or anyone using your account;
6. Any violation of applicable laws, rules, or regulations in connection with your use of the Service.

This indemnification obligation will survive the termination of these Terms and your use of the Service. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

It is expressly clarified that this indemnity provision is intended to be broad and inclusive, to the fullest extent permitted by law, and that it shall survive the termination or expiration of these Terms and your use of the Service.

Warranty

We make no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of the AI-generated content. The use of our services is at your own risk.

Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our services or the reliance on AI-generated content.

Users are solely responsible for the use and interpretation of the AI-generated content. We are not liable for any decisions, actions, or consequences arising from the use of the information provided by our service.

"AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE," complete with all faults and defects, without any kind of warranty.

Governing Law

The laws of Victoria, Australia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services, including the AI algorithms, at any time without notice.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at:

• By email: info@businesses.informly.ai
• By visiting this page on our website: https://businesses.informly.ai/contact