Andelo Terms of Service

1. Acceptance of Terms

These Terms of Service ("Agreement") between Andelo Pty Ltd ("we", "us", or "Andelo") and you govern your access to and use of our website at www.andelo.com.au ("Site") and all related services ("Services"). By using the Site and Services, you agree to these terms in full.

2. Privacy Policy

Our Privacy Policy, which outlines our data handling practices, can be found at https://www.andelo.com.au/privacy-policy. Your use of our Site indicates acceptance of this policy.

3. Service Provision

Subject to this Agreement and upon your subscription and payment, we will provide the Services. Our efforts will include maintaining service availability except during planned downtime.

4. Fees and Payment

  • 4.1 Recurring Fees: Fees for our Services are charged on a recurring basis and are automatically renewed.
  • 4.2 Subscription Pause/Stop Policy: You may pause or stop your subscription at any time; however, to avoid charges for the next billing cycle, you must notify us at least 30 days in advance at info@andelo.com.au.
  • 4.3 Refund Policy: Refunds are available during the 15-day trial period. If you cancel within this period, we will process the refund within approximately 30 days.
  • 4.4 Annual Subscription Option: We offer an annual subscription at a discount of 10% off the top-tier pricing and $5 off the additional hour rate.

5. Deliverable Review and Error Correction

  • 5.1 Quality of Deliverables: We strive to minimize mistakes in the final Deliverables. However, due to the nature of creative design, we cannot guarantee that all final Deliverables will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us of any changes or corrections needed within seven (7) days of receipt.
  • 5.2 Correction Period: We will make every effort to quickly address and correct any mistakes that you identify during this period. If you notify us of errors after this time period, we are not required to, but will make an effort to work with you to make corrections.

6. Intellectual Property

You own all original content you provide. We own or license any supplementary materials such as stock images or pre-existing content elements ("Licensed Content"). You receive a limited use license for these elements, strictly within delivered projects.

7. Licensed Content from Depositphotos

We have a license to use images from Depositphotos, which we may incorporate into your projects as part of our Services. You are granted a license to use these images as part of the deliverables provided to you, but separate usage or extraction of these images is not permitted without additional licensing from Depositphotos.

8. Service Usage

The Services are for your internal business use. You cannot monitor or benchmark our Services for competitive purposes. Modifying, reverse engineering, or otherwise exploiting our Services beyond agreed terms is prohibited.

9. Feedback

Any feedback you provide can be used by us without restriction.

10. Disclaimer of Warranties

Except as specifically set forth herein, the Site and the Services (including but not limited to deliverables, Licensed Content, and AI-generated content) are provided "as is, as available". We make no promises about our services and, to the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness, non-infringement of intellectual property, and other violation of rights.

11. Liability Waiver

We will not be responsible for any lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages arising out of the use or inability to use this Site. To the extent permitted by law, our total liability for any claims under these terms, including for any implied or expressed warranties, shall not exceed fifty dollars ($50.00).

12. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected to your content or use of the Services, any deliverables, Licensed Content or AI-generated content.

13. Compliance and Conduct

You must not use our Services to engage in illegal, offensive, or discriminatory activities. Misuse may result in immediate termination of your access.

14. Confidential Information

We mutually agree to protect each other's confidential information from unauthorized use or disclosure.

15. Dispute Resolution

Disputes will be resolved through arbitration in Sydney, Australia, in accordance with local laws.

16. Changes to Terms

We reserve the right to update these terms and will notify you of significant changes. Continued use after changes constitutes acceptance.

17. Legal Entity

Andelo is a legally registered company in Australia, operating under the laws and regulations of the Australian government.

18. Contact Us

For any queries regarding these terms or to manage your subscription, please contact us at info@andelo.com.au.

This version includes the details about the annual subscription discount, the responsibility of the clients in reviewing deliverables, and the procedure for addressing any identified errors.