Terms of Service

These Terms are a binding legal agreement. They limit our liability, disclaim warranties, and require most disputes to be resolved individually rather than through a class action. Please read them carefully, and pay particular attention to sections 12, 13, 14, 15 and 21.

If you do not agree to these Terms, do not use the Service.

These Terms of Service ("Terms") are an agreement between you and The Global Company ("we", "us", "our"), the operator of Beamy AI (the "Service").

The Service includes the beamy-ai.com website, the app.beamy-ai.com application, our free scan, our reports, our academy and courses, our application programming interfaces, and everything else we make available under the Beamy AI name.

These Terms apply to everyone. They apply if you merely browse our website, if you run a free scan without creating an account, if you hold a free account, and if you pay for a subscription. Section 4 explains which parts apply to which of these.

By accessing or using the Service in any way, you accept these Terms. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" means that organisation.

You must be at least 18 years old to use the Service. The Service is a business tool and is not directed at children.

You must not use the Service if you are barred from doing so under the laws of Australia, the country in which you live, or any other applicable law, or if you are subject to sanctions administered by Australia, the United States, the United Kingdom or the European Union.

You must not use the Service if we have previously terminated your account.

Beamy AI queries third-party artificial intelligence engines, records what they say about a brand, analyses those answers, produces a score and written recommendations, and provides educational material.

Understand clearly what this means:

We do not control what AI engines say. We report it. The answers we capture are the statements of OpenAI, Google, Anthropic, Perplexity and similar providers, not our statements. We do not endorse them, verify them, or agree with them.

We do not guarantee that using the Service will improve how AI engines describe you, that your score will rise, that you will appear in any particular answer, or that you will gain customers, traffic, revenue or any other business outcome. We make no promise of results of any kind.

We are not affiliated with, endorsed by, sponsored by or partnered with OpenAI, Google, Anthropic, Perplexity, Microsoft or any other AI provider. We name their products only to describe what we measure.

4.1 Visitors

If you browse our website without running a scan or creating an account, sections 1 to 3, 5, 8, 9, and 12 to 24 apply to you.

4.2 Free scan, no account

Anyone may run a limited scan without creating an account. This is offered as a demonstration.

The free scan is provided as a courtesy and we may change it, limit it, or withdraw it at any time without notice. It is rate limited. We use bot protection, hashed identifiers and other measures to prevent abuse, and we may refuse a scan for any reason or none.

Results of a scan run without an account are stored for 30 days and then permanently deleted. If you do not create an account and claim your result within that period, it is gone and cannot be recovered.

You must not attempt to circumvent the limits on the free scan, including by using multiple IP addresses, proxies, virtual private networks, browser profiles, email addresses or automated tools. Doing so is a material breach of these Terms and we may block you.

4.3 Free accounts

A free account lets you claim a scan, view your full report, keep your history, and access whatever features we designate as free at the time.

Free accounts are provided as-is and at our discretion. We may change what a free account includes, impose limits, or discontinue free accounts entirely, at any time and without compensation. We may suspend or delete a free account that has been inactive for 12 months, after giving you notice by email.

4.4 Paid subscriptions

Paid plans give you the features and limits described on our pricing page at the time you subscribe. Section 6 governs payment.

You are responsible for everything that happens under your account.

Provide accurate information when you register, and keep it current. Choose a strong password and keep it confidential. Do not share your credentials. Tell us immediately if you suspect unauthorised access.

We are not liable for any loss arising from unauthorised use of your account, including where that use results from your failure to keep your credentials secure.

We may refuse registration, and we may reclaim any username or workspace name at our discretion.

6.1 Fees

Prices are shown on our pricing page and are stated exclusive of taxes unless we say otherwise. You are responsible for all taxes, duties and levies applicable to your purchase, other than taxes on our income. Where we are required to collect GST, VAT or sales tax, it will be added at checkout.

6.2 Billing and automatic renewal

Subscriptions renew automatically. Monthly plans renew every month and annual plans renew every year, on the same date, at the then-current price, until you cancel. By subscribing you authorise us and our payment processor to charge your payment method on each renewal without further authorisation from you.

Payment is processed by Stripe. We do not receive or store your card details. You must provide a valid payment method and keep it current.

6.3 Cancellation

You may cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period. You keep access until then.

We do not provide refunds for partial periods. If you cancel mid-month or mid-year, you are not entitled to a refund for the unused portion, except where the law requires one.

6.4 Refunds

Except as set out in section 6.5, all fees are non-refundable. We are not obliged to refund you because you did not use the Service, because you were dissatisfied with your score, because your score did not improve, or because you changed your mind.

We may, entirely at our discretion, issue a refund or credit in an individual case. Doing so once does not oblige us to do so again.

6.5 Consumer guarantees

Nothing in this section limits any right you have under the Australian Consumer Law or any other consumer protection law that cannot be excluded. Section 14 explains this further.

6.6 Price changes

We may change our prices. For an existing subscription, we will give you at least 30 days' notice by email before a price change takes effect, and the new price will apply from your next renewal. If you do not accept the new price, cancel before it takes effect.

6.7 Failed payments

If a payment fails we may retry it, suspend your access, and after a reasonable period downgrade or terminate your subscription. You remain liable for amounts properly owed.

6.8 One-time purchases

Courses and other one-time purchases are non-refundable once access has been granted, because they are digital content delivered immediately. Where the law gives you a cooling-off right, that right prevails.

6.9 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may suspend or terminate your account immediately. You agree to contact us first.

Each plan includes limits on workspaces, brands, prompts, engines, competitors and scan frequency. These limits are part of what you are paying for, and we enforce them.

Every scan costs us real money in third-party AI provider fees. Accordingly:

• You must not exceed your plan's limits or attempt to circumvent them.
• You must not create multiple accounts to obtain more free usage.
• You must not share a single account among people who should each hold their own.
• You must not resell, sublicense or provide the Service to third parties unless you are on a plan that expressly permits it.
• You must not use the Service in a way that imposes an unreasonable or disproportionate load on our infrastructure or our costs.

We operate cost controls and may pause or refuse scans when a system-wide cost cap is reached. We may impose reasonable limits even where a plan is described as unlimited, in order to prevent abuse.

If your usage is materially disproportionate to the fees you pay, we may contact you to move to a suitable plan, and if we cannot agree we may limit or terminate your access.

You must not, and must not permit anyone else to:

• Use the Service unlawfully, or in breach of any regulation applicable to you.
• Enter information about a person or business where doing so would breach privacy or data protection law.
• Enter sensitive personal information, including health, biometric, financial account, government identifier or criminal record information.
• Use the Service to harass, defame, impersonate, stalk or harm any person or business.
• Use the Service to attempt to manipulate AI systems in a way that is deceptive, fraudulent or misleading, including by generating false claims about a business, fabricating reviews or endorsements, or creating content designed to make an AI system state something untrue.
• Scrape, crawl, mine or extract data from the Service by automated means, except through an API we provide and in accordance with its documentation.
• Reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, algorithms, scoring methodology or prompts.
• Copy, resell, white-label or redistribute the Service or our reports unless your plan expressly permits it.
• Use the Service to build, train or improve a competing product, or to benchmark it for a competitor.
• Circumvent any security, rate limiting, bot detection or access control measure.
• Probe, scan or test the vulnerability of our systems without our prior written permission.
• Introduce malware, or interfere with the integrity or performance of the Service.
• Access the Service through anyone other than the interfaces we provide.
• Remove, obscure or alter any proprietary notice.
• Use the Service to spam, or to send unsolicited commercial messages in breach of the Spam Act 2003 (Cth), the CAN-SPAM Act, the GDPR or any equivalent law.

We may investigate any suspected breach, and we may suspend access immediately while we do.

9.1 You keep ownership

You retain all rights in the information you submit to the Service, including your brand details, prompts, competitors and any other content ("Your Content"). We claim no ownership of it.

9.2 The licence you give us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process Your Content, and to send it to third-party AI providers, solely as necessary to operate and improve the Service and to comply with the law. This licence ends when you delete Your Content or your account, except for copies retained in backups for the period described in our Privacy Policy, and except where we must retain information by law.

9.3 Your promises about Your Content

You represent and warrant that you own or have the necessary rights to Your Content, that submitting it does not infringe anyone's rights, and that it does not breach any law.

You are responsible for having a lawful basis to enter information about third parties, including competitors and any individuals named in your prompts.

9.4 We do not train AI models on your content

We do not use Your Content to train, fine-tune or develop artificial intelligence models, and we contract with our AI providers on terms that exclude your data from their model training.

9.5 Aggregated and anonymised data

We may create aggregated and de-identified statistics from usage of the Service, in a form that cannot reasonably identify you or your brand, and use them for any purpose including research, benchmarking and publication. This data is ours.

The Service, including its software, design, user interface, text, graphics, logos, the Beamy AI name and mark, our scoring methodology, our prompt generation approach, our analysis methods and our course materials, is owned by us or our licensors and is protected by copyright, trade mark and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own internal business purposes, in accordance with these Terms and your plan.

You get nothing else. No rights are granted by implication, estoppel or otherwise.

10.1 Reports

The reports we generate for you may be used within your organisation and shared with your professional advisers. Unless your plan expressly permits white-labelling or resale, you must not publish, resell or distribute our reports externally, or present them as your own work.

10.2 Courses

Course material is licensed to you personally for your own learning. You must not copy, share, resell, upload elsewhere, or use it to build a competing course.

10.3 Feedback

If you send us suggestions or feedback, we may use them freely, without obligation or compensation to you, and you assign us any rights in them.

10.4 Third-party names

Names such as ChatGPT, Gemini, Claude, Perplexity, Copilot and Google are the trade marks of their owners. We use them descriptively only.

If you create a workspace you are its owner and you control who has access to it.

Members you invite may view, and where you grant the editor role, modify the content of that workspace. A user may only hold the editor role while they personally hold an active paid subscription; if their subscription lapses, their role is automatically reduced to viewer.

You are responsible for who you invite. If you invite someone to a workspace, you are responsible for their use of it and you confirm you are entitled to share the information in it with them.

If you invite someone by email, you confirm you have a lawful basis to give us that email address for the purpose of sending an invitation.

We are not responsible for disputes between workspace members, including about who owns content or who should have access. The workspace owner's decision governs, and we will act on the owner's instructions.

This section is important. Read it.

The Service reports what third-party AI systems say. Those systems are known to produce inaccurate, incomplete, outdated, biased, contradictory and entirely fabricated statements. They may misdescribe your business, attribute things to you that are untrue, confuse you with another business, or recommend competitors for reasons that are arbitrary.

We do not verify, endorse or take responsibility for anything an AI engine says. Capturing and displaying a statement is not publication of that statement by us, and is not an assertion by us that it is true.

Our own outputs, including the Beam Score, the narrative analysis and the recommendations, are generated by software using large language models. They are estimates and opinions. They may be wrong. They are not, and must not be relied on as, legal, financial, marketing, tax, accounting, professional or investment advice.

Results vary and are not repeatable. AI engines change constantly, without notice, and are non-deterministic. The same prompt can produce different answers minutes apart. A score today does not predict a score tomorrow. Historical results do not indicate future results.

You are solely responsible for any decision you make or action you take based on the Service. Before acting on anything the Service tells you, exercise your own judgement and, where appropriate, seek professional advice.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", with all faults and without warranty of any kind.

We expressly disclaim all warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement.

We do not warrant that:

• the Service will be uninterrupted, timely, secure or error-free;
• results obtained from the Service will be accurate, complete, current or reliable;
• defects will be corrected;
• the Service or its servers are free of harmful components;
• the Service will meet your requirements or achieve any particular outcome;
• third-party AI providers will remain available, or that their pricing, terms, availability or behaviour will not change in ways that affect the Service;
• any engine we track today will continue to be tracked in future.

We depend on third parties, including AI providers, hosting providers and payment processors. Their outages, changes, restrictions or termination are outside our control and we are not liable for them.

No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

If you are a consumer under the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage.

Where we are permitted to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

If you are a consumer in the European Union, the United Kingdom or elsewhere, you retain any mandatory rights under your local law, including any statutory withdrawal or cooling-off right.

To the maximum extent permitted by law:

We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, reputation, opportunity, anticipated savings or data, however caused, whether in contract, tort (including negligence), statute or otherwise, and even if we were advised of the possibility of such loss.

Our total aggregate liability arising out of or relating to these Terms or the Service, for all claims combined, is limited to the greater of:

(a) the total amount you actually paid us in the 12 months immediately before the event giving rise to the claim; or

(b) one hundred Australian dollars (AUD 100).

If you use the Service on a free basis, our total aggregate liability to you is limited to one hundred Australian dollars (AUD 100).

These limitations apply even if a limited remedy fails of its essential purpose, and they reflect a reasonable allocation of risk given the fees charged.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Where that is so, the exclusions and limitations above apply to the greatest extent permitted, and section 14 prevails.

You will indemnify, defend and hold harmless The Global Company, its officers, directors, employees, contractors and agents, from and against any claim, demand, action, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to:

• your use of the Service;
• Your Content, including any claim that it infringes a third party's rights or breaches any law;
• your breach of these Terms or of any law;
• any decision you or anyone else makes based on output from the Service;
• any claim by a third party, including a competitor you tracked or a person named in your prompts, relating to your use of the Service;
• your use of the Service to attempt to influence how AI systems describe any business.

We will notify you of any such claim, and you may control the defence provided you do not settle in a way that imposes any obligation on us without our written consent. We may participate in the defence at our own cost.

The Service integrates with and links to third-party services. We do not control them and we are not responsible for them, their content, their availability, their pricing or their practices.

Your use of a third-party service is governed by that party's terms, not ours. Some third-party providers impose their own usage policies, and your use of the Service through us must comply with them.

We may offer features labelled beta, preview, early access or experimental. They are provided for evaluation, may be changed or withdrawn at any time, may not work correctly, and are excluded from any service commitment. Use them at your own risk.

19.1 By you

You may stop using the Service at any time. You may cancel your subscription or delete your account from your account settings.

19.2 By us

We may suspend or terminate your access, in whole or in part, immediately and without liability, if:

• you breach these Terms;
• we reasonably suspect fraud, abuse, or unlawful use;
• your use threatens the security, integrity or availability of the Service;
• you fail to pay;
• we are required to by law or by a third-party provider;
• you use the Service in a way that materially exceeds what your fees support.

Where practicable and lawful, we will give you notice and an opportunity to remedy. Where the issue is serious, we may act first and explain afterwards.

19.3 Discontinuing the Service

We may discontinue the Service, or any part of it, at any time. If we discontinue a paid service, we will give you at least 30 days' notice and refund the unused portion of fees you have prepaid for the period after the discontinuation date. That refund is your sole remedy.

19.4 Effect of termination

On termination your right to use the Service ends immediately. We will delete your data in accordance with our Privacy Policy. Export your data before you terminate. We are not obliged to retain it, and once deleted it cannot be recovered.

Sections 9.2, 9.5, 10, 12, 13, 14, 15, 16, 19.4, 20, 21, 22 and 23 survive termination.

We may change these Terms. When we do, we will change the version number and effective date above.

For material changes, we will give you at least 14 days' notice by email or by prominent notice in the Service before they take effect. Continuing to use the Service after that date means you accept the change. If you do not accept it, stop using the Service and cancel your subscription; that is your remedy.

For non-material changes, such as clarifications and corrections, the updated Terms take effect when posted.

We keep previous versions and will provide one on request.

21.1 Governing law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Talk to us first

Before starting any formal proceeding, you agree to contact us and attempt in good faith to resolve the dispute informally for at least 30 days. Most problems can be fixed this way.

21.3 Jurisdiction

If a dispute is not resolved informally, you submit to the exclusive jurisdiction of the courts of Victoria, Australia, and the courts entitled to hear appeals from them.

21.4 No class actions

To the maximum extent permitted by law, you agree to bring claims against us only in your individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding.

21.5 Time limit

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year of the date the claim arose, or it is permanently barred.

21.6 Injunctive relief

Nothing prevents either party from seeking urgent injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

21.7 Consumer rights preserved

If you are a consumer, nothing in this section deprives you of the protection of mandatory provisions of the law of the country in which you live, or of your right to bring proceedings in the courts of that country where the law gives you that right.

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy and any Data Processing Addendum, are the entire agreement between us about the Service, and replace all prior discussions and understandings.

Order of precedence. If there is a conflict, a signed written agreement between us prevails over these Terms, and these Terms prevail over any other material.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the rest remains in force.

No waiver. Our failure to enforce any provision is not a waiver of it. A waiver must be in writing.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, financing or sale of assets.

No third-party beneficiaries. These Terms do not confer rights on anyone who is not a party to them.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, government action, network or power failure, or the failure, restriction or discontinuation of a third-party service on which we depend.

Relationship. Nothing creates a partnership, joint venture, employment or agency relationship.

Notices. We may give you notice by email to the address on your account, or by posting in the Service. You must give us notice in writing using the contact details in section 24.

Language. These Terms are written in English. Any translation is for convenience only, and the English version prevails.

Export and sanctions. You confirm you are not located in, and are not a national of, a country subject to comprehensive sanctions, and that you are not on any restricted party list.

23.1 If you are a government entity

Additional terms may be required. Contact us before subscribing.

23.2 If you are on a white-label or reseller plan

Additional terms govern your right to rebrand and resell. Those terms prevail over any conflicting provision here.

23.3 If you process third-party personal data

Where you use the Service to process personal information for which you are the controller, our Data Processing Addendum applies and forms part of these Terms.

For any question about these Terms, to give notice, or to raise a dispute:

The Global Company
Operator of Beamy AI
Registered address: [PLACEHOLDER - registered address]
ABN: [PLACEHOLDER - ABN]
Email: privacy@beamy-ai.com

Product accounts, billing and subscriptions are managed at https://app.beamy-ai.com.

By using Beamy AI you confirm that you have read and understood these Terms, and that you agree to be bound by them.