Terms of Service

Last Updated: 28 March 2025

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 the following software features, but is not limited to:

  • Unlimited contacts

  • Unlimited products

  • Unlimited course portals

  • Unlimited community groups

  • Unlimited websites

  • Unlimited funnels

  • Unlimited workflow automation (Excluding premium triggers and actions)

  • Unlimited social media scheduling

  • Unlimited calendars

  • Unlimited domain connections (Excluding email domains)

  • Unlimited transaction processing

3. The Forever Plan

The Forever Plan is a subscription plan that provides access to all the features and functionalities listed in Section 2 and is priced at the amount that was displayed and processed at 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 minimum balance of $10 USD in your account wallet if you wish to utilise 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, Termination, and Suspension

8.1 Overall Term

These Terms will remain in full force and effect for as long as you are a user of the Service. We reserve the right to suspend or terminate your access to the Service at any time and for any reason, with or without notice. Termination or suspension under this section shall be without prejudice to any other rights or remedies Ivorey may have under law or equity.

8.2 Account Cancellation by User

If you choose to cancel your Ivorey account, your account and all associated data, content, and configurations (including but not limited to websites, funnels, courses, contacts, and emails) will be permanently deleted within seventy-two (72) hours of cancellation. This data is not transferable to other platforms or systems. It is your sole responsibility to back up any critical information prior to account termination. Ivorey shall not be held liable for any data loss resulting from voluntary account cancellation. You can cancel your subscription at any time before your renewal date to avoid further charges. Ivorey does not offer refunds if the account is not closed in time.

How to Cancel Your Subscription:

  1. 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.

  2. Email Support: Send an email to support@ivorey.io with the subject line “Cancellation Request – [Your Name]”. Include your full name and the email address associated with your Ivorey account in the email body.

Your cancellation request will be processed within 72 hours of receipt. 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.

Data Removal: All associated data, content, and records will be permanently deleted within 72 hours of cancellation. 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.

8.3 Paused Account Option

We offer the option to pause your account for a maximum of three (3) months, subject to approval and a monthly fee of $10 USD. During a paused account period:

  • Access to the Ivorey platform will be suspended.

  • Your data will be securely retained for future use if you choose to reactivate.

  • Certain features, such as email verification, will be disabled.

This option is offered at Ivorey’s discretion and must be requested in writing via email to support@ivorey.io. If the $10 monthly fee cannot be processed, your account will be placed on hold and may be subject to full cancellation.

8.4 In the Unlikely Event of Platform Closure

Ivorey is built on a robust enterprise-grade software infrastructure called High Level. In the unlikely event that Ivorey ceases operations, all active account holders will be provided the option to transition their accounts directly to the base software provider, High Level. Upon resuming a subscription with High Level, sub-account transfers will be facilitated to prevent data loss or interruption of service. Ivorey is committed to providing reasonable notice and assistance in such circumstances to ensure continuity of service wherever possible.

8.5 Account Inactivity and Data Retention

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, which suspends your access but retains your data for future use.

Direct Debit Failure: If there is a failed direct debit for your subscription during an active billing cycle, your account will be deleted at the end of the billing cycle.

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

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 transactions, processing, or currency conversion.

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

Taxes:

  • 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.

  • 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 8.2 for details on cancelling your account.

11. Limitation of Liability

11.1 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: 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.

11.2 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 deducted 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 support@ivorey.io, which will be assessed by our Executive Team. Action will be taken in accordance with these Terms, based on the findings of the case.

11.3 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 limit exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

By using the Ivorey Service, you agree to this limitation of liability.

12. Governing Law, Jurisdiction, and 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.

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. Restrictions on Content Use

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: This includes copying, duplicating, or creating derivative works from Ivorey materials without our express permission.

15. Account Usage and Portability

15.1 Ivorey Subscription and HL (High Level) 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 High Level network are not permitted.

15.2 Competing High Level Agencies

Individuals affiliated with competing HL agencies are prohibited from:

  • Joining or accessing the Ivorey platform through any means.

  • Engaging in business dealings with Ivorey users.

  • Using other people’s 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.

16. 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.

17. 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.

18. 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.

19. 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, labour strikes, earthquakes, floods, fires, or governmental restrictions.

20. 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.

21. Waiver

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

22. 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.

23. Contact Us

If you have any questions about these Terms, please contact us at support@ivorey.io