Terms & Conditions
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Bizly AI (ABN: 318 255 830) in Queensland, Australia.
Effective Date: September 2025
1. Definitions
For clarity in these Terms:
- • Services refers to all products, platforms, tools, and consulting provided by Bizly AI, including websites, software, AI tools, automation, CRM, and support.
- • Subscription refers to recurring access to Services under a plan.
- • Customer Data means all information input by or on behalf of the Customer.
2. Our Services
Bizly AI provides digital services for small and medium‑sized Australian businesses, which may include:
- • AI‑powered website creation and optimisation
- • Business automation and workflows
- • CRM and lead management solutions
- • Marketing automation and reporting tools
- • Support and ongoing maintenance
Service descriptions may be updated or extended over time.
3. Payment & Billing
- • All fees are in Australian dollars (AUD) and include GST if applicable.
- • Subscription fees are billed in advance on the agreed billing cycle.
- • Setup fees are payable at service commencement.
- • Payments are due within 7 days of the invoice date.
Cancellation & Refunds:
You may cancel your subscription with 30 days written notice. Refunds for unused portions of prepaid services will be provided only as permitted by law and may be discretionary, except where required by statute (including consumer guarantees under Australian Consumer Law).
4. Customer Responsibilities
You agree to:
- • Provide accurate information and keep your account details current.
- • Use the Services only for lawful business purposes.
- • Maintain confidentiality of your account credentials.
- • Comply with all applicable laws and regulatory requirements.
- • Not interfere with, disrupt, or misuse the Services.
- • Respect all intellectual property rights.
5. Intellectual Property
All intellectual property rights in the Services, content, designs, graphics, logos, and documentation remain the exclusive property of Bizly AI or its licensors. You are granted a limited, non‑exclusive, non‑transferable licence to use the Services subject to these Terms.
6. Security, Data Breaches & System Availability
a. Security Measures
We use reasonable technical and organisational safeguards (including encryption, secure servers, and access controls) to protect personal information stored in connection with the Services. However, no data storage or transmission system is completely secure. You acknowledge that:
- • Electronic communications and data storage may involve risks of unauthorised access, hacking, data loss, or breaches.
- • Bizly AI does not guarantee absolute security or uninterrupted operation.
b. Data Breach Response
To the extent Bizly AI is required to comply with the Privacy Act 1988 (Cth) and the Notifiable Data Breaches (NDB) scheme, we will assess and respond to eligible data breaches in accordance with applicable law, which may include notifying affected individuals and the Office of the Australian Information Commissioner (OAIC).
c. System Availability
We strive to maintain availability of the Services but do not warrant that access will be uninterrupted or error‑free. Availability may be affected by maintenance, upgrades, third‑party outages, or events outside our control (including cyber attacks and force majeure events).
d. Limitation of Cyber Claims
To the maximum extent permitted by law, Bizly AI is not liable for loss of data, loss of revenue, business interruption, reputation damage, or indirect/consequential losses caused by security breaches, downtime, or other system issues, except as required under applicable consumer protection laws.
7. Limitation of Liability
To the maximum extent permitted by law:
- • The Services are provided on an "as is, as available" basis.
- • Bizly AI, its officers, employees, agents, and partners exclude all implied warranties except those that cannot be excluded under applicable law.
- • Bizly AI is not liable for indirect, incidental, special, or consequential damages.
- • Bizly AI's total liability arising out of or in connection with these Terms will not exceed the total fees paid by you in the 12 months prior to the claim, except where prohibited by Australian Consumer Law.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies certain rights under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded or limited. Where statutory guarantees apply, Bizly AI's liability for breach of those guarantees is limited (to the extent permitted by law) to either:
- • Re‑supplying the Services; or
- • Paying the cost of having the Services re‑supplied.
9. Third‑Party Services & Links
Our Services or website may link to third‑party websites or integrate third‑party tools ("Third Parties"). Bizly AI is not responsible for the content, accuracy, or operation of these Third Party services, and your use of them is at your own risk.
10. Privacy
Your use of our Services is governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information. By accessing the Services you agree to the collection and handling of personal information as described in the Privacy Policy.
11. Dispute Resolution
If a dispute arises in connection with these Terms, both parties agree to first attempt resolution through negotiation in good faith. If unresolved within 30 days, either party may seek mediation or proceed to court.
12. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes will be resolved exclusively in the courts of Queensland.
13. Changes to Terms
Bizly AI may update these Terms from time to time without prior notice by posting the revised Terms on the website. Continued use of the Services after updates constitutes acceptance of the revised Terms.
14. Contact Information
For questions about these Terms, data handling, privacy, or disputes, contact us at:
Phone
07 3132 2225