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Legal

Terms of Service

📅 Last updated: 1 April 2025 ✅ Effective: 1 April 2025 🇦🇺 Governed by Australian Law
Table of Contents
  1. Parties & Acceptance
  2. Description of Service
  3. User Accounts
  4. Subscription & Payment
  5. Refunds & Cancellation
  6. Acceptable Use
  7. Intellectual Property
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Indemnification
  11. Modifications
  12. Governing Law
  13. General Provisions
  14. Contact
⚠️
Important Notice — AI Tool, Not Legal Advice

ClearAd is an AI-powered reference tool to assist with advertising compliance under Australian regulatory frameworks. Outputs do not constitute legal advice and do not guarantee regulatory compliance. Final responsibility for all advertising materials rests with the advertiser. For legally binding guidance, consult a qualified Australian healthcare law practitioner.

01 Parties & Acceptance

These Terms of Service ("Terms") form a legally binding agreement between you ("User") and ClearAd Pty Ltd (ABN to be registered) ("we", "us", "Company"), governing your use of the ClearAd platform and related services ("Service").

By creating an account, clicking "I Agree", or accessing the Service, you confirm that:

  • You are at least 18 years of age;
  • You have legal capacity to enter contracts under Australian law;
  • You have read and agree to these Terms and our Privacy Policy.

If accessing the Service on behalf of a business, you warrant that you have authority to bind that entity to these Terms.

02 Description of Service

ClearAd provides an AI-powered compliance checking platform designed to assist Australian healthcare, aesthetics, and beauty businesses in reviewing advertising materials against:

  • Therapeutic Goods Act 1989 (Cth) and TGA advertising guidelines;
  • Australian Consumer Law (ACL) — Schedule 2, Competition and Consumer Act 2010 (Cth);
  • ACCC Guidelines on health and medical claims;
  • Therapeutic Goods Advertising Code 2021;
  • AHPRA advertising guidelines for registered health practitioners;
  • State and Territory fair trading legislation.

The Service supports text, image, video, and URL compliance checks. All AI analysis is for reference purposes only and is not a substitute for professional legal or regulatory advice.

03 User Accounts

3.1 Registration. You must register with a valid email address and provide accurate, complete information, kept up to date.

3.2 Account Security. You are solely responsible for maintaining your login credentials and all activities under your account. Notify us immediately at [email protected] if you suspect unauthorised access.

3.3 One Account Per User. Each individual or entity may maintain only one active account. Creating multiple accounts to circumvent plan limits is prohibited.

3.4 Account Suspension. We may suspend or terminate accounts that violate these Terms, remain inactive for more than 12 consecutive months, or where we suspect fraudulent activity.

04 Subscription & Payment

4.1 Plans. The Service is offered on Free, Starter, Pro, and Enterprise tiers. Plan features and check limits are as published on the Pricing page.

4.2 Billing. Paid subscriptions are billed in advance on a monthly or annual cycle. All prices are in Australian Dollars (AUD) and inclusive of GST at the prevailing rate.

4.3 Payment Processing. Payments are processed by Paddle.com Market Limited, acting as Merchant of Record. By subscribing, you also agree to Paddle's Terms of Service and Privacy Policy.

4.4 Auto-Renewal. Subscriptions automatically renew each billing period unless cancelled at least 24 hours before the renewal date via your account dashboard.

4.5 Price Changes. We will provide at least 30 days' written notice (email or in-app) before any price change takes effect for existing subscribers.

05 Refunds & Cancellation

5.1 30-Day Money-Back Guarantee. If you are not satisfied with a paid plan, you may request a full refund within 30 calendar days of your first payment for that plan. This guarantee applies once per customer.

5.2 Australian Consumer Law Rights. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL that cannot be excluded by agreement.

5.3 How to Cancel. Cancel anytime via your account dashboard. Your plan remains active until the end of the current billing period, then reverts to Free. No partial-month refunds after the 30-day window.

See our full Refund Policy →

06 Acceptable Use Policy

You agree not to use the Service to:

  • Process content that is unlawful, fraudulent, defamatory, or infringes third-party intellectual property;
  • Circumvent plan limits by creating multiple accounts or sharing accounts across organisations;
  • Reverse engineer, decompile, or extract source code from the Service;
  • Resell or commercialise AI-generated outputs without our written consent;
  • Conduct automated bulk requests that unreasonably burden the infrastructure;
  • Introduce malicious code or perform unauthorised security testing.

Violation may result in immediate account termination without refund.

07 Intellectual Property

7.1 Our IP. All rights in the Service — including AI models, software, trademarks, and content — remain exclusively owned by ClearAd Pty Ltd.

7.2 Your Content. You retain ownership of content you upload. By uploading, you grant us a limited, non-exclusive, royalty-free licence to process that content solely to provide the Service. Uploaded content is deleted after analysis and is not used to train our AI models without your explicit consent.

7.3 Output. AI-generated compliance reports are for your internal use only and may not be published or commercialised as standalone products.

08 Disclaimer of Warranties

To the extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • AI analysis results are accurate, complete, or legally conclusive;
  • The Service will be uninterrupted or error-free;
  • The Service immediately reflects all regulatory updates.

Nothing in these Terms limits any non-excludable guarantee under the ACL.

09 Limitation of Liability

To the fullest extent permitted by Australian law, ClearAd Pty Ltd shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages;
  • TGA, AHPRA, ACCC fines or enforcement actions arising from reliance on our outputs;
  • Loss of business, revenue, data, or goodwill;
  • Damages arising from third-party services integrated with the platform.

Our total aggregate liability shall not exceed the amount you paid us in the 3 months preceding the event, or AUD $100, whichever is greater.

10 Indemnification

You agree to indemnify and hold harmless ClearAd Pty Ltd from claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable Australian law or regulation; or (c) content you submit that infringes third-party rights.

11 Modifications to the Service & Terms

We may modify the Service or these Terms at any time. For material changes, we will provide at least 14 days' notice via email or in-app notification before changes take effect.

Continued use after the effective date constitutes acceptance of the revised Terms. If you disagree, you may cancel your subscription for a pro-rated refund of any unused period.

12 Governing Law & Dispute Resolution

12.1 Governing Law. These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law rules.

12.2 Dispute Resolution. In the event of a dispute, both parties first attempt good-faith resolution. If unresolved within 30 days, either party may refer the matter to mediation under the Australian Disputes Centre (ADC) rules before commencing legal proceedings.

12.3 Jurisdiction. If mediation fails, the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

12.4 ACCC & Consumer Rights. Nothing in these Terms prevents you from making a complaint to the ACCC, your State or Territory consumer protection agency, or the Australian Financial Complaints Authority (AFCA) where applicable.

13 General Provisions

Severability: If any provision is found unenforceable, the remaining provisions remain in full force.

Entire Agreement: These Terms, our Privacy Policy, and Refund Policy constitute the entire agreement between you and us.

Waiver: Failure to enforce any right does not constitute a waiver of that right.

Assignment: You may not assign your rights without our prior written consent. We may assign rights to a successor entity in connection with a merger or acquisition.

14 Contact

ClearAd Pty Ltd
Sydney, New South Wales, Australia

General enquiries: [email protected]

Legal / compliance: [email protected]

Privacy Policy → Refund Policy → Contact Us →
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