TERMS OF SERVICE
Last updated: 01 May, 2026
1. About these Terms
1.1 These Terms of Service (“Terms”) govern your access to and use of the iBeVisible website, platform, software, tools, content, and related services (together, the “Services”).
1.2 These Terms form a legal agreement between iBeVisible Pty Ltd ABN 19151859040 (“iBeVisible”, “we”, “us” or “our”) and the person or entity using the Services (“you” or “your”).
1.3 By accessing or using our Services, creating an account, or clicking to accept these Terms, you agree to be bound by them.
1.4 If you use the Services on behalf of a business or organisation, you confirm that you have authority to bind that business or organisation to these Terms.
1.5 If you do not agree to these Terms, you must not use the Services.
2. Eligibility and permitted use
2.1 Our Services are intended for business and professional use.
2.2 You must only use the Services:
a. for lawful purposes
b. in accordance with these Terms
c. in a way that does not infringe the rights of any person or third party
2.3 You must not use the Services if doing so would breach any applicable law, regulation, code, or industry requirement.
3. Your account
3.1 You may need to create an account to use some or all of the Services.
3.2 You must provide accurate, current, and complete information when creating and maintaining your account.
3.3 You are responsible for:
a. keeping your login credentials secure
b. all activity that happens under your account
c. ensuring your users, staff, contractors, and agents comply with these Terms
3.4 You must notify us promptly if you become aware of any unauthorised access to your account or the Services.
3.5 We may require you to verify your identity or authority to use the Services.
4. Our Services
4.1 iBeVisible provides an Al-powered platform designed to help businesses improve visibility across modern discovery channels, including content creation, optimisation, distribution, analytics, and outreach workflows.
4.2 We may update, improve, change, suspend, or discontinue parts of the Services from time to time.
4.3 Where a change materially reduces the core functionality of a paid Service, we will aim to give reasonable notice unless the change is required urgently for security, legal, or operational reasons.
4.4 Some features may rely on third-party providers, integrations, networks, or platforms that we do not control.
5. Trials, subscriptions, fees, and billing
5.1 Some parts of the Services may be offered on a free, trial, subscription, usage-based, or custom-priced basis.
5.2 You agree to pay all fees and charges applicable to your selected plan or use of the Services.
5.3 Unless stated otherwise:
a. fees are in [AUD]
b. fees are exclusive of GST and other applicable taxes
c. subscription fees are billed in advance on a recurring basis
5.4 If your plan renews automatically, it will continue until cancelled in accordance with these Terms.
5.5 You authorise us or our payment processor to charge your nominated payment method for applicable fees.
5.6 If payment is overdue, we may suspend access to the paid Services after giving reasonable notice.
5.7 Except where required by law, paid fees are non-refundable once billed.
5.8 You remain responsible for any charges incurred before cancellation takes effect.
6. Changes to plans and pricing
6.1 We may change our plans, pricing, or billing structure from time to time.
6.2 If we change pricing for your paid plan, we will give reasonable notice before the change takes effect.
6.3 If you do not agree to a pricing change, you may cancel your subscription before the next billing period begins.
7. Customer data and platform inputs
7.1 You may upload, submit, store, send, or generate content, prompts, files, campaign information, contacts, media, workflows, and other materials through the Services (“Customer Data”).
7.2 You retain ownership of your Customer Data.
7.3 You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display, and use Customer Data only as reasonably necessary to:
a. provide the Services
b. maintain, secure, and support the Services
c. improve functionality and performance
d. comply with law and enforce our rights
7.4 You are responsible for your Customer Data, including its accuracy, legality, quality, and whether you have the right to use it.
7.5 You represent and warrant that:
a. you own or control the necessary rights in your Customer Data
b. your Customer Data and use of the Services do not infringe any person’s rights or breach any law
c. where Customer Data includes personal information, you have provided all notices and obtained all consents required by law
8. Al features and generated outputs
8.1 The Services may use artificial intelligence, machine learning, automation, and third-party model providers to generate content, recommendations, summaries, analyses, workflows, or other outputs (“Outputs”).
8.2 You acknowledge that Al-generated Outputs may be inaccurate, incomplete, outdated, biased, inappropriate for your context, or unsuitable without human review.
8.3 You are responsible for reviewing and deciding whether to use, publish, send, rely on, or act on any Output.
8.4 Unless otherwise agreed in writing, iBeVisible does not guarantee that Outputs will:
a. be unique
b. be factually correct
c. be legally compliant in your industry or jurisdiction
d. achieve any particular ranking, traffic, conversion, visibility, or commercial result
8.5 You must not rely on Outputs as legal, financial, medical, compliance, or other professional advice.
9. Outreach, marketing, and legal compliance
9.1 Some features of the Services may support email, SMS, messaging, or other outreach activities.
9.2 You are solely responsible for ensuring your outreach activities comply with all applicable laws and rules, including laws relating to:
a. spam and direct marketing
b. privacy and data protection
c. consent and opt-out requirements
d. advertising and misleading conduct
e. telecommunications and platform-specific rules
9.3 You must ensure any commercial electronic messages sent using the Services include any legally required identification, contact details, and unsubscribe functionality.
9.4 We are not responsible for your marketing lists, consents, campaign content, targeting decisions, or legal compliance in relation to outreach carried out using the Services.
10. Acceptable use
10.1 You must not, and must not allow any other person to:
a. use the Services for unlawful, harmful, fraudulent, deceptive, or abusive purposes
b. use the Services to send spam, harassing messages, or misleading communications
c. upload or use content that is defamatory, obscene, discriminatory, infringing, or otherwise unlawful
d. use the Services to store, process, or transmit malicious code, viruses, or harmful material
e. interfere with, disrupt, damage, test vulnerabilities of, or gain unauthorised access to the Services or related systems
f. reverse engineer, decompile, or attempt to extract source code, models, or underlying components of the Services, except where this cannot lawfully be excluded
g. copy, resell, lease, sublicense, or exploit the Services except as permitted by these Terms
h. use the Services to build or train a competing product or service using our confidential information or proprietary components
i. misrepresent Al-generated content as independently verified by a human where that would be misleading or unlawful
j. use the Services in a way that could damage our reputation, infrastructure, or relationships with suppliers or other users
10.2 We may investigate suspected misuse and take reasonable action, including suspending or restricting access.
11. Integrations and third-party services
11.1 The Services may integrate with or rely on third-party products, websites, software, platforms, or services.
11.2 Your use of third-party services is subject to that third party’s terms and policies.
11.3 We are not responsible for third-party services, including their availability, security, functionality, or how they handle your data.
11.4 We may disable an integration where reasonably necessary for security, legal, or operational reasons.
12. Intellectual property
12.1 We own, or are licensed to use, all rights, title, and interest in the Services, including all software, workflows, designs, branding, text, graphics, interfaces, models, documentation, and other materials provided by us, excluding your Customer Data.
12.2 These Terms do not transfer ownership of our intellectual property to you.
12.3 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription or permitted access period.
12.4 You must not use our name, logo, branding, or other intellectual property without our prior written consent, except as allowed by law.
12.5 If you provide suggestions, ideas, feedback, or feature requests, you agree that we may use them without restriction or payment to you.
13. Confidentiality
13.1 Each party may receive confidential information from the other in connection with the Services.
13.2 Each party must:
a. keep the other party’s confidential information secure and confidential
b. use it only for purposes connected with these Terms and the Services
c. not disclose it except to personnel, contractors, or advisers who need to know and are bound by confidentiality obligations, or where required by law
13.3 Confidential information does not include information that:
a. is publicly available other than through breach
b. was already lawfully known
c. is independently developed without misuse of confidential information
d. is lawfully received from a third party without restriction
14. Privacy
14.1 Our handling of personal information is described in our Privacy Policy.
14.2 By using the Services, you acknowledge that we may collect, use, and disclose personal information as described in our Privacy Policy.
14.3 If you provide personal information about other people through the Services, you are responsible for ensuring you are permitted to do so.
15. Availability, support, and security
15.1 We aim to provide reliable Services, but we do not promise uninterrupted or error-free availability.
15.2 The Services may be unavailable from time to time for maintenance, upgrades, outages, emergencies, or reasons outside our control.
15.3 We take reasonable steps to protect the security of the Services, but no online service can be completely secure.
15.4 You are responsible for maintaining your own systems, backups, internet connection, and internal access controls.
16. Suspension and termination
16.1 You may stop using the Services at any time. If you have a paid subscription, cancellation will take effect at the end of your current billing period unless stated otherwise.
16.2 We may suspend or restrict your access immediately if we reasonably believe:
a. there is unauthorised access or a security risk
b. you have materially breached these Terms
c. your use is unlawful or may expose us or others to liability or harm
d. payment for paid Services is overdue
e. suspension is necessary to protect the Services, users, or third parties
16.3 Where appropriate, we will try to give notice and an opportunity to fix the issue before termination.
16.4 We may terminate these Terms by notice if:
a. you materially breach these Terms and do not remedy the breach within a reasonable time after notice
b. you become insolvent or unable to pay your debts as they fall due
c. we discontinue the Services generally
16.5 On termination:
a. your right to use the Services ends
b. any accrued rights and obligations remain
c. we may delete or de-identify Customer Data in line with our retention practices, unless otherwise required by law or agreed in writing
17. Consumer rights and important disclaimers
17.1 Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other law where those rights cannot lawfully be excluded.
17.2 To the maximum extent permitted by law, and subject to clause 17.1:
a. the Services are provided on an “as is” and “as available” basis
b. we do not guarantee that the Services will meet all of your needs, be uninterrupted, error-free, or free from all security risks
c. we do not guarantee any specific business outcome, marketing performance, SEO result, Al visibility result, traffic increase, conversion uplift, ranking, or revenue outcome
17.3 Where a law implies a condition, warranty, or guarantee into these Terms that cannot be excluded, our liability is limited to the extent permitted by law.
18. Liability
18.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss, or any loss of profit, revenue, business opportunity, goodwill, anticipated savings, or data.
18.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms is limited to the amount you paid us for the relevant Services in the 12 months before the event giving rise to the claim.
18.3 Clauses 18.1 and 18.2 do not apply to liability that cannot lawfully be limited or excluded.
18.4 You remain responsible for:
a. how you use the Services
b. your decisions based on Outputs
c. your outreach, publishing, and campaign activities
d. your compliance with law and third-party platform rules
19. Indemnity
19.1 You agree to indemnify us against loss, liability, damage, cost, or expense reasonably incurred by us arising from:
a. your unlawful use of the Services
b. your breach of these Terms
c. your Customer Data infringing a third party’s rights
d. your breach of applicable marketing, privacy, or spam laws
19.2 This clause does not apply to the extent the loss was caused by our own breach, negligence, or misconduct.
20. Changes to these Terms
20.1 We may update these Terms from time to time.
20.2 If we make a material change, we will give reasonable notice by posting updated Terms on our website, through the platform, or by email.
20.3 If you continue using the Services after the updated Terms take effect, you agree to the updated Terms.
20.4 If you do not agree to a material change, you may stop using the Services and cancel any paid plan before the change takes effect.
21. Complaints and disputes
21.1 If you have a complaint or dispute, please contact us first using the details in section 23. We will try to resolve the issue promptly and in good faith.
21.2 Before starting court proceedings, both parties agree to first try to resolve the dispute through good-faith discussions, unless urgent injunctive or other immediate relief is needed.
22. Governing law
22.1 These Terms are governed by the laws of Victoria, Australia.
22.2 The courts of Victoria have non-exclusive jurisdiction in connection with these Terms and the Services.
23. Contact details
[iBeVisible Pty Ltd]
Email: [legal@ibevisible.com]
Address: [insert address]
Phone: [insert phone number]
24. Definitions
24.1 In these Terms:
Customer Data means any data, content, prompts, files, media, contacts, campaign inputs, or other materials submitted, uploaded, stored, or generated by you through the Services.
Outputs means content, recommendations, analyses, summaries, or other results generated through the Services, including through Al or automation features.
Services means the iBeVisible website, platform, software, tools, content, and related services we provide.
Terms means these Terms of Service, as updated from time to time.