BRANDSCAN PTY LTD (ACN 644 465 181) and its brand InspireMe.AI, (“InspireMe” , “our”, “we” or “us”) are in the business of providing a SaaS and API ” (Services), enabling the creation of personalized messages to inspire digital humanity to maximize recognition, collaboration, loyalty, motivation, and connection through the power of appreciation.
Please read this document carefully because these Terms of Service (collectively, “Terms”) describe the legally binding agreement between you and InspireMe on which we offer you access to the Services, including the services provided by our independent third-party payment processor/s.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By Signing up for our Service, you agree to subscribe to promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by email.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
INSPIREME SERVICE DESCRIPTION
InspireMe provides AI-generated appreciation messages for digital humanity to maximize recognition, loyalty, motivation, and connection.
The InspireMe Demonstration Applications and website gives limited free credits on sign-up to start using the services.
The InspireMe Application and website gives free credit to start using the services.
To use this service, you need to sign up with InspireMe.
To purchase a subscription, you will need to use a valid VISA, MasterCard, Apple pay, Google pay or other approved method of payment as updated on the Service from time to time.
Access to InspireMe is provided with your email or other means of access as provided or approved depending on your device as updated from time to time.
Features include (but are not limited to) creating, sending, personalized appreciation messages, using your mobile device and any device with a web browser.
InspireMe processes payment transactions on your behalf each time a payment is made. We use a third-party PCI-compliant payment processor; we do not hold any financial information or credit card details.
API ACCOUNT CONTRACTS
InspireMe provides Application Programming Interface (API) to its clients. For each client, an API account contract with specific terms and conditions is set. This document and These Terms of Service do not cover nor describe our API account contract terms which are described in a separate document.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or InspireMe. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the InspireMe customer support team.
A valid payment method, including a credit card, Apple pay, or Google pay, is required to process the payment for your subscription. You shall provide InspireMe with accurate and complete billing information including full name, address, state, postal/zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize InspireMe to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, InspireMe will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
InspireMe may, at its sole discretion, provide a demo account (“Demo Account”).
You will be required to enter your name, email, and password information to sign up for the Demo Account.
At any time and without notice, InspireMe reserves the right to (i) modify the Terms of Service of the Demo Account, or (ii) cancel such Demo Account.
InspireMe may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by InspireMe until Free Trial has expired.
At any time and without notice, InspireMe reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
InspireMe, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
InspireMe will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within seven (7) days of the original purchase of the Contract deducting pro-rata the amount of already used credit.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Our AI service provider “Open AI” does not permit the generation of sexual, religious, and political content and hence you are strictly prohibited from generating any such content. If even by mistake, you try to generate such content, our system will not allow you to create any such content. If you try to generate such content again, your subscription will be cancelled and you will be debarred from using our services again and no refunds will be issued.
ADDITIONALLY, YOU AGREE NOT TO:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company rating.
Otherwise, attempt to interfere with the proper working of Service.
NO USE BY MINORS
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
LINKS TO THIRD-PARTY SITES AND SERVICES
InspireMe can provide links to third-party websites, apps, mobile services, or other third-party services and may also display, link to, or make available third-party content, data, information, events, apps, or materials (including social media) (“Third-Party Services”) on or via the Service. This does not indicate that InspireMe endorses, controls, or makes warranties or representations of any kind in relation to those Third-Party Services. All users are deemed to accept and understand that access to any Third-Party Services is entirely at their own risk. InspireMe takes no responsibility for any legal issues or otherwise that may result from your use of the Third-Party Services, nor the loss, damage, or harm that may be incurred as a result of your use of the Third-Party Services. Your access to these services is not governed by the Terms or InspireMe’s other terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for Third-Party Services are solely between you and the Third-Party Service provider and not InspireMe.
INTELLECTUAL PROPERTY AND LIMITED LICENCE
Unless otherwise indicated, the Services and all content and other materials are proprietary of InspireMe or our licensors or users and are protected by the Australian intellectual property legislation and the common law.
InspireMe grants you a limited, non-exclusive license to access and use the Services and any content made available by InspireMe (“InspireMe Content”) only for the purpose of sending or receiving services under these Terms. The license is subject to these Terms, and you are not permitted to:
Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the InspireMe Content;
Copy, the reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or InspireMe Content;
Modify, alter or otherwise make any derivative uses of the Service or the InspireMe Content, or any portion thereof;
Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or InspireMe Content;
Use any data mining, robots or similar data gathering or extraction methods;
Download (other than page caching) any portion of the Services or the InspireMe Content, except as expressly permitted via the Services; and
Use the Services or the InspireMe Content other than for their intended purposes or contrary to law.
Any use of the Services or the InspireMe Content other than what is specifically referred to in these Terms of Service is prohibited and any license granted will be terminated. Unauthorized use may also breach intellectual property laws and intellectual property rights. The license is revocable at any time.
“InspireMe”, the logo, and any other InspireMe product or service names (including the Service) are InspireMe’s intellectual property and may not be copied, imitated, or used, whether in whole or part, without the prior written consent of InspireMe. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
InspireMe has a policy of terminating – in appropriate circumstances and at InspireMe’s sole discretion – users who are deemed to be repeat infringers. InspireMe may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing . If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs, or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The user is solely responsible for all content entered, posted, uploaded, transmitted, distributed, stored, created, or otherwise published through the Service (“User Content”). This content must comply with the rules set out below. They do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
We reserve the right to cancel a user account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to . We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.
While InspireMe does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored, or uploaded onto the Services, InspireMe reserves the right to remove, screen, or edit any content posted, stored, or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.
Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store, or upload onto the Service. You, therefore, allow InspireMe and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Service. You represent and warrant that:
Unlawful, harassing, obscene, pornographic, sexually explicit, or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive, or otherwise objectionable.
Any sexually explicit User Content.
Language or user conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;
Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property.
Posting User Content originally posted by another user without permission or attribution;
Content designed to deceive or trick the user of the Service;
Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or
If we in our judgment and sole discretion deem it appropriate.
You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
The User Content posted, stored or uploaded onto the Service is accurate and not misleading;
InspireMe’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:
Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;
Flag content or report abuse for improper purposes or without good reason;
Use the Service for any illegal or unauthorized purpose or engage, encourage or promote any illegal activity;
Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
Create an account, post or upload any content if the person is not over 18 years of age;
Use or attempt to use another user’s account without their authorisation or InspireMe;
Modify, adapt, hack or emulate the Services;
Use any interface not provided by us to access the Services or to extract data;
Develop any third-party applications that interact with User Content or the Services without our prior consent;
Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
Infringe upon/violate the rights of InspireMe, our users or any third-party.
Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with InspireMe. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.
We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of InspireMe. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment to you.
For any technical issues with our Service please contact for us to review the problem. We will take all measures to rectify the issue as soon as possible. InspireMe will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.
Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:
Notify InspireMe via email at about the complaint you may have.
InspireMe reserves all rights to conclude and offer, if warranted and applicable and in its sole discretion, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our website, any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you or as is otherwise reasonable in the sole discretion of InspireMe.
We have no obligation to resolve any dispute between you and any other recipient or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer.
InspireMe reserves the right to cancel any order at any time for any reason, per our discretion.
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW INDEMNIFICATION
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
InspireMe is based in Australia and our Service is subject to Australian legislation. We make no warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules, and regulations or other applicable terms or policies of InspireMe as made available from time to time. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal Courts located in Sydney, New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.
TERMINATION OF SERVICE
Your account with InspireMe and any access to the products and services is and shall remain at the sole and absolute discretion of InspireMe. InspireMe will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will InspireMe be held liable for the removal of or disabling of access to any part or feature of the Service.
Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely at our discretion and InspireMe failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
InspireMe can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and InspireMe successors and assignees. You may not assign these Terms to another person or entity.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
You represent and warrant that: (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.
Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at or:
BRANDSCAN PTY LTD 81-83 CAMPBELL STREET, SURRY HILLS, NSW, 2010, AUSTRALIA Website: www.inspireme.ai Email:
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