Terms of Service

Last Updated: 2 December 2024

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the IVOREY software as a service platform (the "Service") offered by IVOREY ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Service.

2. Description of the Service

IVOREY provides a comprehensive suite of marketing and sales tools designed to empower businesses to create, manage, and automate their customer interactions. The Service includes, but is not limited to:

$20USD monthly credit (equivalent to approx. 10,000 emails per month)

Unlimited contact management

Unlimited product management

Unlimited course portal creation

Unlimited community creation

Unlimited website creation

Unlimited funnel creation

Unlimited workflow automation (Excluding premium triggers and actions)

Unlimited social media scheduling

Unlimited calendar management

Unlimited domain connections

Unlimited transaction processing

Access to our online community forum

Unlimited in-house technical support (subject to availability)

3. Forever Plan

The Forever Plan is a subscription plan that provides access to all the features and functionalities listed in Section 2 and priced at the amount that was displayed and processed at the checkout.

4. Complimentary Credit

As a benefit to Forever Plan subscribers, IVOREY will credit your account wallet with $20 USD every month. This credit is equivalent to 10,000 emails and can be used towards any optional add-on service offered by IVOREY. Unused credit cannot be rolled over to the following month. There are no refunds or additional credits.

5. Additional Services and Fees

There are additional services available within Ivorey such as SMS marketing, phone calls, premium integrations, email verification, and any other new service as it arises. These services come at an additional price and can be self-subscribed to inside of the Ivorey platform.. Any complimentary credits can be used to cover the costs of these additional services, but your account wallet will be charged for any additional usage. You are responsible for keeping a balance of min. $10USD in your account wallet if you wish to utilize these additional services. By subscribing to Ivorey you accept responsibility and full payment for any additional charges you incur.

6. Email Verification Costs

To ensure optimal email deliverability and protect your sending domain reputation, Ivorey offers an optional email verification service. This feature verifies email addresses before your first email to a contact, reducing the risk of bounces and spam reports. Email verification is charged at a rate of USD 0.0025 per email ($10 USD will get you approximately 4,000 email verifications). You can enable or disable this feature at any time within your Ivorey business settings.

7. Modifications to the Service and Terms

IVOREY reserves the right to modify or update the Service and these Terms at any time without prior notice. We will post any changes on our website. Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes.

8. Term and Termination

These Terms will remain in full force and effect so long as you are a user of the Service. We may suspend or terminate your access to the Service for any reason, at any time, without notice. You may also terminate your access to the Service at any time.

9. Disclaimer

The Service is provided "as is" and "as available" without warranty of any kind, express or implied. IVOREY does not warrant that the Service will be uninterrupted, secure, or error-free.

10. Payment of Fees

This section outlines how fees are handled for paid plans.

Payment Methods: We accept valid credit and debit cards for paid subscriptions. All payments are currently processed through Stripe. Ivorey is not responsible for any additional fees you may incur from your bank for online transaction, processing or currency conversion fees (or similar). 

Billing and Automatic Payments: Your chosen subscription plan will be automatically billed to your on-file payment method according to the agreed-upon terms (e.g. monthly or annually).You will receive a payment receipt via email to the address associated with your account.

Dispute Resolution: You must report any discrepancies or errors in your invoices within two weeks of receiving the invoice, receipt, or bill.

Taxes: For customers outside Australia: All fees exclude applicable taxes, fees, or charges levied by federal, provincial, state, local, or other governmental entities (collectively, "Taxes"). You are responsible for any applicable Taxes. For Australian customers: GST (Goods and Services Tax) is not currently charged. 

Refunds: Ivorey does not offer refunds for any reason. However, you can cancel your subscription at any time to avoid future charges. Please refer to Section Cancellation and Termination for details on cancelling your account.

11. Limitation of Liability

Ivorey understands that you rely on our services, and disruptions or issues can cause problems. We take precautions to ensure minimal disruption to our services. However, our liability is limited.

Exclusion of Certain Damages: Ivorey, its affiliates, officers, directors, employees, contractors, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for: Loss of profits or goodwill. Use, data, or other intangible losses. Losses arising out of or related to your use of the service, even if Ivorey has been advised of the possibility of such damages.

Examples:

Lost Business Revenue: If the Ivorey service is unavailable and you cannot conduct business, Ivorey is not liable for your lost revenue or profits.

Data Loss: While Ivorey strives for a secure platform, in the event of a data breach or other issue resulting in data loss, Ivorey cannot be held liable for the loss or value of that data.

Third-Party Claims: If your use of Ivorey violates a third party's rights, and they sue you, Ivorey is not responsible for any damages awarded in that lawsuit.

II. Limitation of Liability

The total liability of Ivorey, its affiliates, officers, directors, employees, contractors, agents, suppliers, or licensors, arising out of or related to the Service or this Agreement (however arising, including negligence), will not exceed the lesser of:

The base amount paid for your plan (e.g. the Forever Plan base amount) during the one (1) month period the issue took place. If you are on an annual plan, a pro-rata amount will be calculated for a (1) month period. Additional services dedicated from the account wallet such as email, SMS, phone etc are strictly non-refundable. In order for the above to be considered, you must formally lodge a case to [email protected] which will be assessed by our Executive Team and action taken in accordance with these terms, based on the findings of the case. 

III. Important Notes

This limitation of liability is comprehensive and applies to all damages, whether based on contract, warranty, tort (including negligence), or any other legal theory.Some states and jurisdictions have limitations on excluding or limiting certain damages. So, some of the above limitations may not apply to you.We encourage you to review your jurisdiction's laws to understand your rights. By using the Ivorey service, you agree to this limitation of liability.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Adelaide, South Australia for the resolution of any disputes arising out of or relating to these Terms or the Service.

13. Entire Agreement

These Terms constitute the entire agreement between you and IVOREY regarding the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.14. Cancellation and Termination.

Cancelling Your Ivorey Account: You can cancel your subscription at any time before your renewal date to prevent any charges on your account. Ivorey does not offer refunds if the account is not closed in time. Here's how to cancel your subscription: Submit a Support Ticket: Log in to your Ivorey account and submit a support ticket through the widget available within the portal. Clearly state your intention to cancel your account.

Email Support: Send an email to our support team at [email protected] with the subject line "Cancellation Request - [Your Name]". Be sure to include your full name and the email address associated with your Ivorey account in the email body. Please note: Your account cancellation will be processed within 72 hours of receiving your request. Following your cancellation request, you will receive a confirmation email acknowledging your account closure. You will have access to the Service until the end of your current billing period.

Here are some important things to keep in mind when cancelling your Ivorey account:

Data Removal: Following cancellation, all associated data, content, and records will be permanently deleted within 72 hours. This includes websites, funnels, courses, contacts, and any other information stored within your account. Back Up Your Data: It's your responsibility to back up any critical information before cancelling your account. Ivorey accepts no liability for data loss.No Refunds: If you cancel your account mid-billing cycle, you will not be refunded for any unused portion of your subscription.

Account Inactivity and Data Retention: Ivorey understands that circumstances may change, and you may need to take a break from using our platform. Here's what happens if your account becomes inactive:

Unpaid Subscriptions: For inactive accounts with unpaid subscriptions, Ivorey will hold the account data for 90 days. During this period, you can reactivate your account by settling any outstanding fees.

Data Deletion After 90 Days:

After 90 days of inactivity and unpaid subscriptions, the inactive account and all associated data will be permanently deleted. Alternatively, you can choose to pause your account for a $10 monthly fee. This option will: Suspend your access to the Ivorey platform. Retain your data for future use if you decide to reactivate your account. Disable features: Email verification and other features will be unavailable during a paused account state.

Important Notes on Paused Accounts:

Paused Account Option: We offer the option to pause your account for a one-off period of 3 months. This is subject to our discretion and requires a request via email to [email protected]

Payment Processing: If the $10 fee cannot be processed for your paused account, your account will be placed on hold.

Direct Debit Failure: In the event of a failed direct debit for your subscription during an active billing cycle, your account will be deleted at the end of the billing cycle. We recommend reviewing these options and choosing the best course of action for your needs.

15. Restrictions on Content Use

In order to protect our intellectual property and ensure fair use of our Service, you are prohibited from the following: Public distribution of IVOREY content. This includes republishing, redistributing, or sharing IVOREY materials beyond the intended use of the Service. Commercial use of IVOREY content. You may not sell, rent, sub-license, or otherwise generate revenue from IVOREY materials. Unauthorised reproduction of IVOREY content. This includes copying, duplicating, or creating derivative works from IVOREY materials without our express permission.

16. Account Usage and Portability

Ivorey Subscription and GHL (GoHighLevel) Agencies:

Your Ivorey subscription grants access to exclusive templates created by us. Due to the unique nature of our resources and copyright, location transfers within the GHL network are not permitted.

Competing GHL Agencies: To maintain a positive and professional environment within the GHL ecosystem, individuals affiliated with competing GHL agencies are prohibited from: Joining or accessing the Ivorey platform through any means, Engaging in business dealings with Ivorey users. Using other peoples accounts or identities to gain access to Ivorey and any of its intellectual property. Harassing or attempting to harm Ivorey users, employees, contractors, or affiliates in any way. We appreciate your understanding and cooperation in maintaining a fair and productive environment for all users.

17. Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any website that portrays IVOREY, our products, or services in a false, misleading, defamatory, or otherwise offensive manner. You also agree to remove all such links upon our request.

18. Acceptable Use

You agree to use the Service in a manner consistent with all applicable laws and regulations. You will not use the Service for any purpose that is prohibited by these Terms, or that could damage or impair the Service or any server or network connected to the Service. You are also prohibited from attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.

19. Term and Termination

In addition to the termination provisions set forth in Section 8, IVOREY may also, in its sole discretion, terminate or suspend your access to all or part of the Service upon any breach or suspected breach of your obligations under these Terms. Termination or suspension under this Section shall be without prejudice to any other rights or remedies IVOREY may have under law or equity.

20. Indemnity

You agree to indemnify, defend and hold harmless IVOREY, our officers, directors, employees, agents, and licensors from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your violation of any provision of these Terms, or the content you submit, post, or transmit through the Service.

21 Force Majeure

IVOREY shall not be liable for any delay or failure in performance due to causes beyond our reasonable control, such as acts of God, war, terrorism, riots, labor strikes, earthquakes, floods, fires, or governmental restrictions.

22. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Adelaide, South Australia for the resolution of any disputes arising out of or relating to these Terms or the Service.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

24. Waiver

No waiver of any breach of any provision of these Terms shall be construed as a waiver of any other or subsequent breach.

25. Entire Agreement

These Terms constitute the entire agreement between you and IVOREY regarding the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

26. Changes to These Terms of Service

IVOREY reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 2 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

27. Contact Us

If you have any questions about these Terms, please contact us at [email protected]