Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the EmpireIntelligence platform, operated by EmpireIntelligence Pty Ltd ("we", "us", "our"). By creating an account, activating a subscription, or using any feature of the platform, you agree to be bound by these Terms in full.

If you do not agree with any part of these Terms, you must not access or use the platform.

These Terms are governed by the laws of Victoria, Australia and the Commonwealth of Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of Victoria, Australia.

EmpireIntelligence is available to both individuals and registered businesses. By agreeing to these Terms, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
• If you are registering on behalf of a business, you have the legal authority to bind that business to these Terms.
• You are not located in a jurisdiction where use of this platform is prohibited by law.
• All information you provide during registration is accurate and current.

EmpireIntelligence is a business intelligence and CRM platform providing tools including pipeline management, automated follow-up sequences, reputation management, social media scheduling, lead reactivation, and reporting dashboards.

Features available to you will depend on the membership tier you are subscribed to at any given time. EmpireIntelligence Pty Ltd reserves the right to update, modify, or remove platform features with reasonable prior notice to subscribers.

The platform is offered across three membership tiers. The specific features, usage limits, and pricing associated with each tier are detailed on our website and in your order confirmation. By completing your purchase, you agree to the terms of your selected tier.

Payments are automatically charged on a recurring basis in accordance with your chosen billing cycle (monthly or annual). By subscribing, you authorise EmpireIntelligence Pty Ltd to charge your nominated payment method on each due date without further action required from you.

We reserve the right to modify tier inclusions or pricing with reasonable prior written notice to active subscribers.

Certain plans may include a free trial period. Where a free trial is offered:

• The trial period and its conditions will be stated at the time of sign-up.
• At the conclusion of the trial period, your subscription will automatically convert to the paid plan you selected and payment will be charged to your nominated payment method.
• You may cancel before the end of your trial period to avoid being charged. Cancellation instructions are set out in Section 7 of these Terms.
• EmpireIntelligence Pty Ltd reserves the right to withdraw or modify trial offers at any time without notice.

All fees are charged in Australian Dollars (AUD) unless otherwise stated. By subscribing, you authorise EmpireIntelligence Pty Ltd to automatically debit your nominated payment method on each billing date for the applicable subscription fee.

You are responsible for ensuring your payment details remain current and valid at all times. Where a payment fails, we may suspend access to your account until the outstanding amount is resolved. Repeated failed payments may result in account termination.

6.1 No Refunds

All payments made to EmpireIntelligence Pty Ltd are non-refundable. This applies to all billing cycles, all membership tiers, and all payments made whether during a trial conversion, at renewal, or mid-cycle. This policy applies to the fullest extent permitted by Australian Consumer Law.

Nothing in these Terms excludes any rights you may have under the Australian Consumer Law that cannot lawfully be excluded. To the extent permitted by law, all other refund claims are waived upon purchase.

7.1 Monthly Subscriptions

If you are on a monthly billing cycle, you may cancel your subscription at any time by providing a minimum of 30 days written notice to EmpireIntelligence Pty Ltd. Notice must be submitted via the cancellation process in your account portal or by contacting our support team directly.

Your subscription will remain active and billable until the end of the 30-day notice period. You will retain full access to the platform during this time.

7.2 Annual Subscriptions

If you are on an annual billing cycle, cancellation requests must be submitted during the 11th month of your current subscription term, with a minimum of 30 days written notice prior to your renewal date.

Cancellation requests submitted outside of this window, either before the 11th month or with less than 30 days before renewal, may not be processed in time to prevent the next annual charge. EmpireIntelligence Pty Ltd will not be liable for charges incurred as a result of a late cancellation request.

Annual subscription fees are non-refundable regardless of when within the term the cancellation request is submitted.

7.3 Effect of Cancellation

Upon the effective date of cancellation, your access to the platform will be deactivated. Data stored within your account may be deleted in accordance with our data retention practices. We strongly recommend exporting any data you require before your cancellation takes effect.

You agree to use the platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the platform in any way that violates applicable Australian federal or state law, or any applicable international law.
• Upload, transmit, or store content that is illegal, harmful, defamatory, or that infringes on the intellectual property rights of any third party.
• Attempt to gain unauthorised access to any part of the platform, other user accounts, or related systems.
• Use the platform to send unsolicited commercial communications in breach of the Spam Act 2003 (Cth) or the Privacy Act 1988 (Cth).
• Reverse engineer, decompile, or attempt to extract source code from the platform.
• Resell or sublicense access to the platform without prior written consent from EmpireIntelligence Pty Ltd.

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our reasonable discretion, that you have breached this section.

All intellectual property in the platform, including but not limited to its design, software, workflows, templates, and branding, is owned by or licensed to EmpireIntelligence Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you.

You retain ownership of all data and content you upload to the platform. By uploading content, you grant EmpireIntelligence Pty Ltd a limited, non-exclusive licence to process and store that content solely for the purpose of delivering the platform services to you.

EmpireIntelligence Pty Ltd handles your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy, available on our website, sets out how we collect, use, store, and disclose your information.

You are responsible for ensuring that any personal information of third parties, such as your customers or contacts, that you upload or process through the platform is handled in accordance with applicable privacy laws, including obtaining any necessary consents.

We aim to provide continuous access to the platform but do not guarantee uninterrupted service. The platform may be unavailable from time to time due to scheduled maintenance, third-party infrastructure issues, or circumstances outside our control.

EmpireIntelligence Pty Ltd will not be liable for any loss or damage arising from platform unavailability, data loss, or service interruptions beyond what is required under the Australian Consumer Law.

To the maximum extent permitted by Australian law, EmpireIntelligence Pty Ltd's total liability to you for any claim arising out of or in connection with these Terms or your use of the platform is limited to the total fees paid by you in the three months immediately preceding the event giving rise to the claim.

EmpireIntelligence Pty Ltd is not liable for any indirect, incidental, consequential, or special loss or damage, including lost profits, lost data, or loss of business opportunity, whether arising in contract, tort, or otherwise.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.

EmpireIntelligence Pty Ltd may suspend or terminate your access to the platform at any time where:

• You have materially breached these Terms and failed to remedy the breach within 7 days of written notice.
• You have engaged in conduct that is unlawful, harmful, or fraudulent.
• Continued provision of the platform to you creates legal, regulatory, or reputational risk for EmpireIntelligence Pty Ltd.

In the event of termination by EmpireIntelligence Pty Ltd for a reason other than your breach, we will provide a pro-rata credit for any prepaid fees covering the remaining unused subscription period. In all other cases, no refund will be provided.

EmpireIntelligence Pty Ltd reserves the right to update these Terms at any time. Where changes are material, we will provide at least 14 days notice via email or an in-platform notification prior to the changes taking effect.

Your continued use of the platform after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must cancel your subscription before the changes take effect.

If a dispute arises in connection with these Terms or your use of the platform, both parties agree to make a genuine effort to resolve the matter through direct negotiation before commencing any formal proceedings.

If the dispute is not resolved within 30 days of written notice, either party may refer the matter to mediation through a mutually agreed mediator. The cost of mediation will be shared equally unless otherwise agreed.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria for any disputes that proceed to formal legal proceedings.

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and EmpireIntelligence Pty Ltd in relation to the platform.

If any provision of these Terms is found to be unenforceable, that provision will be severed and the remaining Terms will continue in full force and effect.

Our failure to enforce any right under these Terms does not constitute a waiver of that right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. EmpireIntelligence Pty Ltd may assign its rights and obligations without restriction.

For questions about these Terms, cancellation requests, or any other matters, please contact our support team through the member portal or via the contact details provided on our website.