Backable.AI Pty Ltd - Terms of Service

Last updated: 28 April 2025

Terms of Service: Individual & Business

Last updated 28 April, 2025

Thank you for choosing to be part of our community at Backableai Pty Ltd (“Backable”, "Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about these terms of service or our practices regarding your personal information, please contact us at privacy@Backable.ai.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BACKABLE'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND BACKABLE'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BACKABLE AND BY YOU TO BE BOUND BY THESE TERMS.

IMPORTANT NOTICE ON DISPUTE RESOLUTION

Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved through binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BACKABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Backable Service Overview

Our Backable platform offers a suite of AI-powered tools driven by our proprietary SME Intelligence Layer to help small and medium-sized enterprises make better business decisions more efficiently (the "Platform"). The Platform provides suggested actions, outputs, analytical insights, or other functions (each, a "Suggestion") based on business data, industry-specific insights, and financial analysis. We also offer various versions of the Platform through our website and mobile applications to registered users.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations, including the Privacy Act 1988 (Cth) and the Australian Consumer Law. If you are an entity, organisation, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at privacy@Backable.

4. Beta or Trial Versions

Backable may from time to time offer trial or beta models or versions or features of the Service (each, a "Beta Service"). Backable will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will Backable be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Backable Feedback (defined below) and respond to Backable's questions or other inquiries regarding your use of the Beta Service, if requested. Backable has sole discretion in deciding whether or not to continue offering any Beta Service and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 4, these Terms govern your use of the Beta Service as part of the Service.

5. General Payment Terms

We offer paid versions of our service, which include enhanced features. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. In some cases, you may pre-authorise incremental purchases based on usage. Unless otherwise specifically provided for in these Terms, all fees are in Australian Dollars (AUD) for Australian users and United States Dollars (USD) for all other users and are non-refundable, except as required by Australian Consumer Law. Prices for Australian users are GST-inclusive unless otherwise stated. The pricing and payment terms in this Section 5 are subject to any pricing and payment terms set forth in an Order Form.

5.1 Price

Backable reserves the right to determine pricing for the Service. Backable will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Backable may change the fees for any feature of the Service, including additional fees or charges, if Backable gives you at least 30 days' advance written notice of changes before they apply. Backable, at its sole discretion, may make promotional offers with different features and different pricing to any of Backable's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

5.2 Authorisation

You authorise Backable to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Backable, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Backable may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5.3 Subscription Service

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorise Backable or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at subscriptions@backable.ai

5.4 Delinquent Accounts

Backable may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Backable reserves the right to delete your account and any information associated with your account without any liability to you.

6. Licences

6.1 Limited Licence

Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Business Users), Backable grants you, solely for your personal or internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.

6.2 Licence Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

6.3 Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Backable an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and licence to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Contact Information

The Service is offered proudly by Backableai Pty Ltd, Abbotsford, Victoria Australia. You may contact us by sending correspondence to that address or by emailing us at hello@backable.ai