Terms and Conditions

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Terms and Conditions - BETA Launch

Effective Date: Feb 01, 2026 v2

These Terms and Conditions ("Terms") govern your access to and use of the Services provided by Macleodglba Pty Ltd trading as TheAgencyIQ (ABN 22 665 579 315) ("we", "us", or "our"). By creating an account, subscribing, redeeming a gift certificate, or using the Services (including connecting platforms or generating content), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

Account: Your user account for accessing the Services.

Billing Cycle: The recurring period for which Fees are charged (e.g., monthly). Entitlements reset at the start of each Billing Cycle, which runs from your subscription start or renewal date.

Customer Content: Any data, text, images, videos, prompts, instructions, brand details, or other materials you upload, submit, generate, schedule, or publish using the Services.

Fees: Charges for using the Services, including subscription fees.

TheAgencyIQ IP: All intellectual property owned by us, including software, systems, workflows, algorithms, models, interfaces, and documentation.

Personal Information: As defined under the Privacy Act 1988 (Cth), information about an identified or identifiable individual.

Services: Our platform for generating (including video where offered), scheduling, and auto-posting content to Third-Party Platforms, including OAuth connections, platform management (pause/resume tokens), and related tools.

Third-Party Platforms: External services such as Facebook, Instagram (Meta), LinkedIn, X (Twitter), and YouTube (Google).

Unused Posts: Scheduled but unposted content remaining within a Billing Cycle.

Usage Caps / Entitlements: Limits on your Account per Billing Cycle, including posts, videos, edits, generations, or other limits tied to your plan, trial, gift, or promotion, as displayed in-app or communicated by us. We may act on reasonable suspicion of abuse, illegality, or risk without enumerating all prohibited conduct.

2. Eligibility

You must be at least 18 years old (or 13 with consent where required by a platform) and capable of forming a binding contract. You are responsible for Account accuracy and security. We may suspend or terminate access for breaches of these Terms or platform rules.

3. Subscriptions, Billing & Refunds

Subscriptions auto-renew unless cancelled via your Account. Fees are processed via Stripe in AUD, including GST. We provide 30 days' notice for material price changes. Upgrades may prorate; downgrades apply next cycle. No refunds for partial periods, unused features, posts, videos, or edits, except as required by ACL. Data export is available for 30 days post-cancellation; data may then be deleted.

3.1 Gift Certificates

Non-refundable and non-transferable (subject to law). Expire after 12 months unless stated otherwise. Redeemable for subscription services. No cash value; voidable if fraudulent. ACL applies.

3.2 Usage Caps; No Rollover; Forfeiture

Caps reset per Billing Cycle; unused entitlements forfeit and do not roll over. We are not obligated to compensate for unused items (subject to ACL). Pausing platforms does not preserve entitlements. Free trials: 14 days, limited to 2 connections.

3.3 Free Trials & Promotions

Limited to displayed Caps. Not redeemable for cash (subject to ACL). Verification (e.g., SMS) may be required.

4. Acceptable Use

Use Services lawfully and ethically. Prohibited: unlawful/infringing/harmful activities; spamming/malware; bypassing Caps; violating platform terms; inputting unconsented Personal Information; using unreviewed AI outputs; reverse-engineering; scraping; multiple Accounts for extra trials; sharing credentials; quota manipulation.

5. AI-Assisted & Generated Content

Services use AI to generate, schedule, and (where authorized) auto-publish content; review all outputs before publication. No guarantees of accuracy or suitability. Outputs may have biases; you assume risks. We do not train models on your Content without opt-in. You are responsible for posted content. AI generates 30-day calendars. By connecting platforms, you authorize AgencyIQ to publish content on your behalf. You start in MANUAL mode (requiring per-post approval). After your first cycle of posts is visible and complete, you may toggle to AUTO mode (enabling automatic publishing without per-post approval); you can switch to MANUAL anytime thereafter, but not before. If left in AUTO, publishing continues indefinitely until toggled off. Switching modes does not affect existing posts.

5.1 Video Generation & Editing LimitsSubject to Caps; unused do not roll over. Professional tier: 10 videos/month. Duplicative requests may be blocked.

5.2 Third-Party Video ProvidersRelies on providers like Google Veo 2; subject to their policies. No refunds for outages (subject to ACL).

6. Beta / Preview Features

Provided "as-is"; may be modified/removed (subject to ACL).

7. Third-Party Services & Platforms

Services depend on platforms; no guarantees of continued access. Policy changes may disrupt without liability/refunds. We store tokens securely and access data only for Services.

8. Intellectual Property & Ownership

We own TheAgencyIQ IP. You own Customer Content and grant us a limited license for Services. AI content is licensed non-exclusively to you.

9. Security; Verification; Data Incidents

We use reasonable security. Verification prevents abuse. Breaches handled per law.

10. Privacy & User Rights

Privacy Policy (incorporated) governs Personal Information under Privacy Act 1988 (Cth), including 2025 amendments.

11. Service Changes; Availability

We may modify/discontinue with notice for material changes. No uptime SLA.

12. Termination, Cancellation, Suspension & Account Deletion

12.1 Automatic Suspension or Termination

For detected abuse (e.g., bypassing Caps, multiple Accounts, scraping), without notice. Reinstatement not guaranteed.

12.2 Termination for Policy Violations

For breaches; serious cases immediate.

12.3 User-Initiated Cancellation & Account Deletion

Cancel via Account (stops billing). Delete via support or in-app; irrevocable. Effects: access revoked; automation stops; tokens revoked; data queued for 30-day deletion (unless legally retained). Unused entitlements forfeit; no refunds (subject to ACL).

12.4 Effects of Termination or Deletion

Automation ceases; entitlements forfeit; data/analytics may be removed; export available 30 days (unless prohibited).

13. Disclaimers & Limitation of Liability

"As-is" (subject to ACL). Liability limited per law.

14. Indemnity

You indemnify us for misuse, Content, or breaches.

15. Governing Law & Disputes

Queensland, Australia laws. Arbitration via ACICA in Brisbane; ACL rights preserved.

16. Miscellaneous

No liability for force majeure. Invalid provisions severed. Not unfair under ACL. Entire agreement; updates via continued use. Contact: support@theagencyiq.ai.