Terms of Service for Enterprise Plans
Last Updated: 6 November 2024
1. Acceptance of Terms
These Terms of Service ("Terms") are entered into between you, the user ("you," "your," "customer," or "subscriber"), and IVOREY, a business registered in South Australia ("we," "us," "our," or "IVOREY"). By accessing or using the IVOREY software as a service platform ("Service"), you agree to comply with and be bound by these Terms, including any future amendments, modifications, or updates.
If you do not agree with any part of these Terms, you must not sign up to The Service and/or immediately stop using the Service.
Ivorey is built on the software provided by GoHighLevel (GHL). By using Ivorey, you acknowledge and agree that GoHighLevel’s Terms of Service [https://www.gohighlevel.com/terms-of-service] also apply to your use of Ivorey. Ivorey is not responsible for the functionality, availability, or any issues arising from GoHighLevel's services or platform. You should review GoHighLevel's Terms of Service for more detailed information about your rights and obligations while using their platform.
2. Description of the Service
IVOREY provides a comprehensive suite of marketing, sales, and automation tools ("the Service"), including but not limited to the following software features:
Unlimited contacts
Unlimited products
Unlimited course portals
Unlimited communities
Unlimited websites
Unlimited funnels
Unlimited workflows (excluding premium triggers and actions)
Unlimited social media scheduling
Unlimited calendars
Unlimited domain connections (BYO hosting)
Unlimited transactions (no transaction fees)
Priority technical support
Discounted add-on services (e.g., email, SMS, premium automations)
Complimentary account setup (customized to individual client needs)
3. Forever Plan
The "Forever Plan" provides access to all features and services listed in Section 2 at the rate presented to you during checkout and settled via Stripe. This is a subscription plan and is billed periodically, either monthly or annually, according to the plan you selected at the time of purchase. By subscribing to the Forever Plan, you are agreeing to the terms and conditions specified in these Terms.
4. Complimentary Credit for Enterprise Plan Subscribers
As a benefit to Enterprise Plan subscribers, IVOREY will credit your account with $100 USD every month. This credit, equivalent to 100,000 emails, can be used for any optional add-on services such as email, email verification, SMS, MMS, phone calls, premium automations, and more. Any unused credit does not roll over to the following month. IVOREY is not responsible for any charges incurred due to exceeding the monthly credit allocation.
5. Additional Services and Fees
Additional services available within IVOREY include SMS marketing, phone calls, premium integrations, email verification, and other services introduced at IVOREY’s discretion. These services are priced separately and can be subscribed to within the platform. Any complimentary credits may be used to cover these costs, but your account wallet will be charged for any additional usage. It is your responsibility to ensure a minimum balance of $10 USD in your account wallet if you wish to continue utilizing these additional services. Please review the current pricing for additional services [https://drive.google.com/file/d/12QHutt1nLUTnW6wuktVoZqQYQ84NbLYt/view?usp=drive_link]
6. Email Verification Costs
IVOREY offers an optional email verification service to improve email deliverability and protect your sending domain’s reputation. You acknowledge that IVOREY is not liable for any issues arising from your use (or lack thereof) of this service, including but not limited to damage to your domain reputation or email deliverability. IVOREY is not responsible for the consequences of non-compliance or failure to adhere to best practices.
7. Modifications to the Service and Terms
IVOREY reserves the right to modify, amend, or discontinue any aspect of the Service or these Terms at any time. IVOREY will notify you of changes to these Terms via email or through a notice within the platform. Your continued use of the Service after such modifications will be deemed as acceptance of those changes.
8. Term and Termination
These Terms will remain in effect until terminated. IVOREY may suspend or terminate your access to the Service at its sole discretion and without notice if you breach these Terms or for any other reason. You may terminate your account at any time through the platform, but no refunds will be provided if you cancel before the end of your current billing cycle.
By using the IVOREY platform, you agree not to use the Service for the purpose of creating or launching a competing product or service. IVOREY reserves the right to monitor user activity and restrict access for agencies or individuals who are or are affiliated with direct competitors to IVOREY. Any violation of this clause may result in the termination of your services.
9. Disclaimer of Warranties
The service is provided "as is" and "as available." Ivorey makes no warranties, express or implied, regarding the service, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ivorey does not guarantee that the service will be uninterrupted, error-free, or secure.
IVOREY releases a high volume of updates and new features to the platform on a regular basis, many of which are made available in beta mode. As a result, there may be occasional limitations or disruptions, particularly with new rollouts and updates. Clients are encouraged to manage their experience by turning off beta features they do not wish to use through the "Labs" setting in their account; however, please note that not all features can be disabled.
Due to the nature of the software platform, occasional interruptions may occur, particularly during important security, infrastructure, or system updates. While we strive to minimize such disruptions, you acknowledge and accept that these events may happen from time to time.
10. Payment of Fees
Payment Methods: Payments for the Service must be made via credit or debit card or other methods as specified by IVOREY. All payments are processed through Stripe, and you are responsible for any additional fees incurred by your payment provider, including transaction fees or currency conversion costs.
Billing and Automatic Payments: You agree that your chosen subscription plan will automatically be billed to your account as per the frequency chosen (monthly or annually). By subscribing, you authorize IVOREY to charge your payment method for the subscription amount and any additional charges for premium features or services.
Taxes: You are responsible for any applicable taxes related to your use of the Service, including VAT or sales tax. For customers outside Australia, you agree to pay any taxes applicable in your jurisdiction. For Australian customers, GST is not currently charged.
Dispute Resolution: If you believe there is an error in your billing, you must notify IVOREY within 14 days from the date the charge was made. Failure to dispute charges within this time frame will result in a waiver of your right to challenge the charges.
11. Limitation of Liability
Exclusion of Damages: IVOREY, its affiliates, directors, employees, contractors, or licensors shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.Maximum Liability: The maximum liability of IVOREY arising out of any claim under this agreement shall not exceed the total amount paid by you for the Service during the 30 days immediately preceding the event giving rise to the claim.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts in Adelaide, South Australia for the resolution of any disputes related to these Terms or the Service.
13. Entire Agreement
These Terms, along with any applicable policies or agreements incorporated herein by reference, constitute the entire agreement between you and IVOREY with respect to the Service. Any previous or contemporaneous agreements, whether oral or written, are superseded by this agreement.
14. Cancellation and Account Termination
You may cancel your account at any time by submitting a support ticket or emailing IVOREY support. Upon cancellation, your access to the Service will continue until the end of the current billing period. No refunds will be issued for cancellations or for any reason. Data removal will occur within 30 days following cancellation.
15. Account Holding and Pausing
Account Holding Fee: If you wish to suspend your account, a holding fee of $10 USD per month will apply. Account holding is available for a maximum period of 3 months. This fee is charged to maintain your account and store your data. However, while your account is on hold, IVOREY will not be responsible for any charges incurred during this time or any activity inside of your account. If you have any active automations, emails, or other services left running, you will be billed for those services in accordance with the fees applicable at the time. These charges will be processed even while your account is paused or on hold, and it is your duty to enable/disable any activities within your account to prepare it for the holding period.
If your account remains inactive or in hold status for more than 3 months, IVOREY reserves the right to resume normal billing when the holding period expires. Upon expiration, auto-charge billing will resume as per the original subscription terms. If the billing fails, the applicable terms regarding payment failure will apply, including potential suspension or termination of services. You will receive a notification prior to the resumption of billing. If your account is terminated due to failure to process payment, all data stored within your account will be deleted after 30 days, and no refunds will be issued.
16 Account Transfer to GoHighLevel
Transfer Request: If you wish to cancel your services with IVOREY but retain your account assets - you can transfer your account to GoHighLevel (GHL). You must request the transfer directly through GoHighLevel. If GHL is willing to accept your account as a new customer, they will provide instruction for us to transfer your account to their agency. IVOREY is not responsible for any costs associated with the transfer or any issues that may arise during this process, including if GoHighLevel does not accept your account, if additional charges are incurred by you after the transfer due to differences in subscription pricing or additional services etc.
Transfer Fee: Should you choose to transfer your account, a $500 USD fee will be charged by IVOREY for the migration process. This fee is non-refundable, and any charges incurred after the transfer will be the responsibility of you, the customer, once your account has been moved to GoHighLevel.
17. Restrictions on Use of Service and Content
Prohibited Actions: You agree not to copy, modify, distribute, sell, or otherwise exploit any part of the Service or IVOREY content for any commercial purposes without express written consent from IVOREY. You may not use the Service for unlawful activities or in a manner that could damage or disrupt the platform.Intellectual Property: All intellectual property rights in the Service and content are owned by IVOREY or its licensors. You may not reverse engineer, disassemble, or decompile the Service.
18. Acceptable Use
You agree to comply with all applicable laws and regulations while using the Service. Prohibited activities include, but are not limited to, unlawful content, harmful practices, or actions that could disrupt the platform’s functionality.
19. Data Privacy
Your use of the Service is subject to IVOREY’s Privacy Policy [https://ivorey.io/privacy-policy] which explains how we collect, use, and protect your personal information.
20 Contact Information
If you have any questions or concerns regarding these Terms of Service or your use of the IVOREY platform, please contact us at [email protected].