By accessing or using any product or service ("Products") operated by Vyklow Analytics Pty Ltd ABN 22 688 212 795 ("Vyklow", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms").
If you are using the Products on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. The organisation becomes the "Customer" and accepts responsibility for all users under its account.
If you do not agree to these Terms, do not use the Products.
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and Refund Policy, all available at www.vyklow.com.
"Account" means your registered account to access the Products.
"Authorised Users" means individuals authorised by the Customer to use the Products under the Customer's Account.
"Customer Data" means any data, content, or materials you upload, submit, or store using the Products.
"Products" means the software applications and related services provided by Vyklow, including but not limited to Vireo Sentinel, SalesPlanPro, TechTree AI, Borderline AI, and any consulting services.
"Subscription" means your paid access to the Products for a specified term.
"Subscription Term" means the period during which you have paid access to the Products, as specified in your order.
To use the Products, you must create an Account by providing accurate and complete information. You are responsible for maintaining the accuracy of this information and updating it as needed.
You are responsible for maintaining the confidentiality of your login credentials, all activity that occurs under your Account, and notifying us immediately of any unauthorised access. We are not liable for any loss resulting from unauthorised use of your Account.
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Products.
You may permit Authorised Users to access the Products under your Account. You are responsible for ensuring all Authorised Users comply with these Terms and our Acceptable Use Policy. You are liable for any breaches by your Authorised Users.
Vyklow provides software-as-a-service products designed to enhance business operations through intelligent, human-centred solutions. Specific features and capabilities vary by Product and are described on our website and in product documentation.
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Products for your internal business purposes during the Subscription Term. This licence extends to your Authorised Users.
You agree not to:
We aim to maintain Product availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice where possible, modify or discontinue features with notice, and suspend access for security or legal reasons. Critical maintenance affecting availability will be communicated via email or in-product notification.
Some Products may be offered as beta, early access, or invite-only. These are provided "as is" without warranty. We may discontinue beta Products at any time without liability. Beta Products may have reduced support and documentation.
Your use of the Products must comply with our Acceptable Use Policy. This includes prohibitions on illegal activity, harassment, intellectual property infringement, security breaches, and misuse of the Products.
We may suspend or terminate accounts that violate our Acceptable Use Policy without notice or refund.
You retain ownership of Customer Data you upload to the Products. We claim no ownership rights over your Customer Data.
By uploading Customer Data, you grant us a non-exclusive, worldwide licence to use, store, copy, and process your Customer Data solely to provide the Products to you, improve the Products, create backups, and comply with legal obligations.
We may use aggregated, anonymised data derived from your use of the Products for analytics, benchmarking, and product improvement. This data will not identify you or your organisation.
You are solely responsible for your Customer Data and represent that:
Our processing of personal data is governed by our Privacy Policy. For enterprise customers requiring a Data Processing Agreement, please contact us at privacy@vyklow.com.
Subscription fees are as stated on our pricing page or in your order at the time of purchase. All fees are in Australian Dollars (AUD) and exclude applicable taxes unless stated otherwise.
Subscriptions are billed in advance on a monthly or annual basis as selected at purchase. Payment is due on the billing date. We use third-party payment processors to handle payments securely.
Subscriptions automatically renew at the end of each Subscription Term unless cancelled before the renewal date. We will notify you before renewal.
We may change our fees with 30 days notice. Price changes apply at your next renewal date. If you do not agree to a price change, you may cancel before your next renewal.
Refunds are handled in accordance with our Refund Policy.
You are responsible for any applicable taxes including GST. If we are required to collect taxes, they will be added to your invoice.
If payment fails, we may retry the payment, suspend your access after 7 days, and terminate your account after 30 days of non-payment.
The Products, including all software, algorithms, designs, text, graphics, and other materials, are owned by Vyklow or our licensors and are protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
If you provide suggestions, ideas, or feedback about the Products ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose without compensation to you.
Vyklow, Vireo Sentinel, and our other product names and logos are our trademarks. You may not use them without our written permission except as necessary to refer to our Products.
The Products may integrate with or link to third-party services. We are not responsible for the availability, content, or practices of these services. Your use of third-party services is at your own risk and subject to their terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR RELIABILITY OF RESULTS, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE PRODUCTS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Nothing in these Terms limits our liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be limited by law.
You agree to indemnify and hold harmless Vyklow and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
These Terms remain in effect while you use the Products or have an active Account.
You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period unless you request immediate termination.
We may suspend or terminate your access immediately if you:
Upon termination, your right to use the Products ends, and we may delete your Customer Data after 30 days. Sections that should survive will continue to apply, including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.
Before termination, you may request export of your Customer Data by contacting us at support@vyklow.com. We will provide your data in a standard format within a reasonable timeframe.
We may modify these Terms at any time. We will notify you of material changes by email to your registered address or notice within the Products. Changes take effect 30 days after notification unless a shorter period is required by law.
Your continued use of the Products after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Products before the changes take effect.
These Terms are governed by the laws of Western Australia, Australia, without regard to conflict of law principles.
Any disputes arising from these Terms or the Products shall be resolved in the courts of Western Australia, and you consent to the exclusive jurisdiction of those courts.
Before initiating legal proceedings, you agree to contact us at support@vyklow.com to attempt to resolve any dispute informally. We will endeavour to respond within 14 days.
These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, and any product-specific terms, constitute the entire agreement between you and Vyklow regarding the Products.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force.
Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it later.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, and will notify you of any such assignment.
Notices to you will be sent to the email address associated with your Account. Notices to us should be sent to support@vyklow.com.
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, acts of government, labour disputes, or infrastructure failures.
For questions about these Terms:
Vyklow Analytics Pty Ltd
ABN: 22 688 212 795
Email: support@vyklow.com
Website: www.vyklow.com
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