Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at Aertly.com and the associated software platform (together, the "Service"), operated by aertly ("aertly", "we", "us", "our"), based in Victoria, Australia. By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

aertly provides a software platform that helps users search for and identify local businesses, score and qualify prospective leads, organise them into campaigns, track outreach activity, and measure related revenue outcomes. Business and contact information surfaced by the Service is aggregated from public and licensed third-party sources and is provided "as is" — see Section 7, No Warranty on Third-Party Data.

• You must be at least 18 years old and capable of forming a binding contract to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must provide accurate and complete information when creating an account and keep it up to date.
• You must notify us promptly at support@aertly.com of any unauthorised use of your account.

• Certain features of the Service require a paid subscription, billed in advance on a recurring basis (monthly or annually) through our third-party payment processor, Stripe.
• By subscribing, you authorise us, via Stripe, to charge your chosen payment method on a recurring basis until you cancel.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and we do not provide pro-rated refunds for partial periods except where required by law.
• Prices are subject to change with reasonable advance notice.
• If a payment fails, we may suspend or downgrade your access to paid features until the payment issue is resolved.

You agree not to:

• Use the Service to violate any applicable law, including telemarketing, anti-spam, or privacy laws (such as Australia's Spam Act 2003, the U.S. Telephone Consumer Protection Act, or the GDPR) when contacting businesses or individuals sourced through the Service.
• Scrape, reverse-engineer, or extract data from the Service for use outside the Service, except via features we expressly provide for export.
• Resell, sublicense, or redistribute data obtained through the Service as a standalone product.
• Use the Service to send unsolicited bulk communications, or to harass or defraud any person or business.
• Attempt to gain unauthorised access to the Service, other accounts, or our systems.
• Interfere with or disrupt the integrity or performance of the Service.

You are solely responsible for ensuring that your use of business and contact data obtained through the Service, including any outbound calls, emails, or messages you send, complies with all applicable laws in your jurisdiction and the jurisdiction of the recipient.

The Service, including its software, design, text, and underlying technology, is owned by aertly and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your own internal business purposes, subject to these Terms. You retain ownership of the content and data you upload to the Service, such as notes and campaign organisation, and you grant us a licence to host, process, and display that content as needed to provide the Service.

Business and contact information made available through the Service is sourced from public records and third-party data providers. We do not guarantee the accuracy, completeness, or currency of this information and are not liable for decisions made in reliance on it. You should independently verify information before relying on it for business-critical decisions.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such warranties cannot be excluded under applicable law, including the Australian Consumer Law.

To the maximum extent permitted by law, aertly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, arising from your use of the Service. Our total liability for any claim arising from these Terms or the Service will not exceed the amount you paid us in the 12 months preceding the claim. Nothing in these Terms excludes any consumer guarantee or right under the Australian Consumer Law or other applicable law that cannot lawfully be excluded.

You agree to indemnify and hold harmless aertly and its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

We may suspend or terminate your access to the Service if you breach these Terms, misuse the Service, or fail to pay applicable fees. You may stop using the Service and close your account at any time. Provisions that by their nature should survive termination, including Sections 6 through 10, will survive.

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide reasonable notice, such as posting an update on this page or emailing registered users. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for any dispute arising from these Terms or the Service, except where mandatory consumer-protection laws of your own jurisdiction grant you the right to bring proceedings elsewhere.

• If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and aertly regarding the Service.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms can be sent to support@aertly.com.