These Terms and Conditions, along with any Service Agreement signed between you and Envaity, form a legally binding agreement regarding your use of our website www.envaity.com and our services. By using the Site or engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
Envaity reserves the right to update or modify these Terms at any time. Changes will be posted on the Site, and continued use after changes indicates your acceptance.
1. Access and Client Data
- Envaity grants the Client a limited, non-exclusive, non-transferable license to access the Site and use our services for internal business purposes only.
- Client data remains the sole property of the Client. By submitting data, Client grants Envaity a license to use it solely for the purpose of delivering services.
- Envaity retains ownership of any proprietary tools, workflows, or AI automations it develops, though Clients maintain ownership of their own business information.
2. Intellectual Property
- All intellectual property on the Site (including software, graphics, designs, and trademarks) remains the property of Envaity.
- Clients may not copy, reverse engineer, distribute, or create derivative works from our Site or services.
3. Client Responsibilities
By using the Site or our services, Clients confirm that:
1. All information they provide is accurate and up to date.
2. They will not use the Site for unlawful purposes.
3. They will maintain the security of account credentials.
4. They have the necessary permissions to share data with Envaity (including customer contact information where required by law).
4. Registration
- Clients may be required to register for accounts to use certain services.
- Clients are responsible for safeguarding login credentials and all activity under their accounts.
5. Confidentiality
Both parties may disclose confidential business information during the course of service. Each agrees to protect such information with reasonable care and only use it for fulfilling obligations under this Agreement.
6. Service Termination and Cancellation
- Clients may terminate services in line with the Service Agreement. Fees for completed or in-progress work remain payable.
- Envaity reserves the right to suspend or terminate access for violations of these Terms.
7. Prohibited Activities
Clients may not:
- Use the Site or services to engage in unlawful activities.
- Attempt to bypass security measures or misuse data.
- Harass or interfere with Envaity employees, contractors, or systems.
- Upload malicious code or attempt to reverse engineer Envaity’s systems.
8. Warranties and Disclaimer
- Envaity will provide services with reasonable care and in compliance with applicable laws.
- Except as stated, services are provided “as is.” Envaity disclaims all warranties, including fitness for a particular purpose and non-infringement.
9. Submissions
Any feedback, suggestions, or ideas provided to Envaity become the property of Envaity without obligation to compensate the Client.
10. Privacy
Use of the Site is subject to our Privacy Policy (available at [www.envaity.com/privacy-policy]). By using the Site, Clients agree to the terms of that policy.
11. Service Availability and Modifications
- Envaity may modify or discontinue parts of the Site or services at any time without notice.
- We are not liable for downtime, service interruptions, or technical issues.
12. Governing Law
These Terms are governed by the laws of the State of New South Wales, Australia
13. Dispute Resolution
- Parties agree to attempt informal resolution of disputes before pursuing formal proceedings.
- If unresolved, disputes will be settled through binding arbitration or, if required by law, in a court of competent jurisdiction in the State of New South Wales, Australia.
14. Limitation of Liability
Envaity’s total liability for any claim related to the Site or services will not exceed the total amount paid by Client in the six (6) months prior to the claim. Envaity is not liable for lost profits, data loss, or indirect damages.
15. Indemnification
- Envaity will defend Client against claims arising from Envaity’s infringement of intellectual property.
- Client agrees to indemnify Envaity against claims resulting from Client’s misuse of the Site, breach of these Terms, or unlawful use of data.
16. Data Protection
- Envaity uses reasonable safeguards to secure Client data.
- Data will only be used to deliver services and not sold to third parties.
- Envaity may use third-party tools (e.g., OpenAI APIs, Zapier, GoHighLevel) and disclaims liability for outages or breaches from those providers.
17. Force Majeure
Neither party is liable for failure to perform due to events beyond reasonable control (e.g., natural disasters, internet outages, government actions).
18. Miscellaneous
- These Terms and the Service Agreement constitute the entire agreement.
- Failure to enforce a provision does not waive rights.
- If any part is found invalid, the remaining Terms remain in effect.
- Envaity may assign its rights and obligations at its discretion.
19. Contact
For questions or concerns about these Terms, contact us at:
