Terms of Service

These terms are an agreement between Founded Labs Pty Ltd ("Founded", "we", "us") and the business that uses Founded ("you"). They apply to our website, the Founded platform and everything we provide through it (the "Services").

By creating an account, signing an order or using the Services, you agree to these terms on behalf of your business, and you confirm that you have authority to do so. If you do not agree, do not use the Services.

People who receive messages sent through Founded, or who verify their identity through Founded, are not bound by these terms. Our Privacy Policy explains how we handle their information.

1. The Services

Founded helps businesses market and grow. The Services include research, campaigns across email, landing pages, social media and other channels, content, contact and lead management, and identity and organisation checks. Some features are available only on certain plans or under a separate order, and some are offered as early access.

The Services are for business use. You must give us accurate details about your business, including your ABN or ACN if you have one.

2. Accounts and users

• You are responsible for your account and for everyone you invite to it, and for what they do in it.
• Keep sign-in details secure, use multi-factor authentication where we offer it, and tell us promptly if you suspect someone has accessed your account without permission.
• Keep your account and business details accurate and up to date.
• Everyone who uses your account must be at least 18 years old.

3. Fees and payment

• Fees. You pay the fees for your plan or order. Usage-based fees, such as for identity checks, contact details shared with you, or messages sent, are charged as measured by the platform.
• GST. Fees are exclusive of GST unless we say otherwise. We add GST where it applies.
• Invoices. Invoices are due within 14 days unless your order says otherwise. If you dispute an invoice, tell us within 30 days of receiving it and pay the part you do not dispute.
• Late payment. If an amount is overdue, we may suspend the Services after giving you at least 14 days' written notice.
• Price changes. We will give you at least 30 days' notice of a price change. It applies from your next billing period, and you may cancel before it takes effect.
• Refunds. Fees are not refundable, except where these terms or the law say otherwise.

4. Your data

• Customer Data means information that you or your users put into the Services, or that the Services collect for you, for example through your landing pages and campaigns.
• You own your Customer Data. You give us a non-exclusive licence to host, copy, process, transmit and display it to provide, secure and improve the Services, and as our Privacy Policy describes.
• When you activate contacts in the platform, you also give us a non-exclusive, perpetual licence to add their contact details to our own contact records, which we use as our Privacy Policy describes. We never tell anyone which contacts came from you, and we never disclose your other Customer Data, such as your lists, notes, content, campaigns or results, to other customers.
• You are responsible for your Customer Data. You must have collected it lawfully, and given the notices and obtained the consents the law requires, including under the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
• If you collect personal information through Founded, you must have a privacy policy that covers it, including your use of service providers such as us.
• We may use aggregated or de-identified information about how the Services are used to run and improve them, as long as it does not identify you or any person.

5. Contact details we provide

• When we share a person's contact details with you, for example after they respond to your campaign and ask to hear more, they become your Customer Data.
• You may use them only for your own business, lawfully, and in line with any preference the person has given, including an unsubscribe.
• You must not sell or share them with anyone else, or use them to decide whether a person is eligible for credit, insurance, employment or housing.
• Contacts are not exclusive. Other customers may contact the same people.
• We do not guarantee that contact details are accurate or complete, or that any campaign will produce particular results.

6. Campaigns and messages

• You are the sender. Messages sent through Founded for you are sent on your behalf, must identify your business, and must keep the unsubscribe option we include.
• You approve your content. We do not send or publish content for you unless a person in your account has approved it, or has approved the plan it belongs to. You are responsible for it, including making sure it is not misleading or deceptive, and that it follows the rules of the platforms it appears on.
• Sending domains. We may provide a domain for your campaigns, such as "with" followed by your business's name. We own and control these domains. You may use them while you have an active plan, and we may stop using one for you at any time to protect deliverability or to comply with the law.
• Pausing sends. We may pause or limit sending if complaint or bounce rates, legal risk or a provider's rules require it. We will tell you why.
• Calls. If you use our voice features, you must comply with the laws about recording calls, telemarketing and the Do Not Call Register.

7. Identity checks

• Use identity and organisation checks only to verify people and organisations you deal with, or are about to deal with, and only for lawful purposes. You must not use them to verify anyone under 18, or for discriminatory or unlawful purposes.
• Founded is the identity provider, and our check pages name Founded and our verification provider. You must not hide or misrepresent our role or theirs.
• A check reflects the sources and methods available when it ran. It is not a guarantee of a person's identity, character or creditworthiness.
• Founded is not your reporting entity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and using the Services does not by itself make you compliant with that Act. You remain responsible for your own obligations, including deciding whether you may rely on our checks.
• You receive only the result and the details the person agreed to share.
• Before we run checks on pages in your brand, you must give us the address of a privacy policy that covers identity checks.
• People may ask us which businesses hold their verified details, and we will tell them.

8. AI features

• Content generated with AI may be wrong, incomplete, or similar to content generated for others. Review it before you send, publish or rely on it. You are responsible for what you use.
• We do not claim ownership of content generated for your account. Third-party rights may still apply to it.
• Where the law or a platform's rules require you to disclose that content was generated with AI, or that a person is interacting with AI, you must do so.
• Some features make or help make decisions automatically, as described in section 7 of our Privacy Policy. If you use a result, such as an identity check outcome, to make a decision about a person, that decision is yours, and so are any disclosure obligations that come with it.

9. Connected accounts and third-party services

When you connect an account on another service, such as Facebook, Instagram, LinkedIn or Google Business Profile, you authorise us to access it and act in it as you direct. That service's own terms apply to your use of it. We are not responsible for other services, for changes they make, or for their decisions about your account with them. You can disconnect an account at any time.

10. Acceptable use

You must not, and must not allow anyone else to:

• break the law, including privacy, spam, telemarketing, consumer protection and anti-discrimination laws;
• send commercial messages without the consent the law requires;
• upload personal information you are not entitled to use, or sensitive information (such as health information) unless we have agreed in writing;
• impersonate anyone, or mislead people about who you are or who a message is from;
• harass, threaten or discriminate against anyone;
• target or exclude people on the basis of protected characteristics where the law prohibits it;
• copy our data in bulk, or use the Services to build a competing product or dataset;
• scan or test the security of the Services without our written permission, or interfere with them;
• reverse engineer the Services, except where the law allows;
• upload malware, or content that infringes anyone's rights; or
• resell or sublicense the Services without our written agreement.

11. Intellectual property

• We own the Services, including our software, our research data, and improvements we make, including those based on your feedback. While your plan is active, you may use the Services for your business. This right is non-exclusive and you may not transfer it.
• You may give us feedback, and we may use it freely.
• You give us a licence to use your business names, logos and brand assets to provide the Services, for example on your pages and in your messages. We will not name you publicly as a customer without your permission.

12. Confidentiality

Each of us will keep the other's confidential information confidential, and use it only for the purposes of these terms. This does not apply to information that is public, that the recipient already knew or developed independently, or that the law requires to be disclosed. Where the law allows, the recipient will give notice before it discloses information under a legal requirement.

13. Availability, support and changes

• We aim to keep the Services available and to fix problems promptly, but we do not promise that they will be uninterrupted or error-free. We may carry out maintenance, and we will try to give notice of planned downtime.
• We may change the Services. If we remove a significant feature you pay for, we will give you at least 30 days' notice. You may then cancel and receive a pro-rata refund of fees you have prepaid for it.
• Early access features are provided as they are, and may change or stop.

14. Suspension and ending these terms

• You may stop using the Services and close your account at any time. Fees already paid for the current period are not refunded, unless these terms or the law say otherwise, or your order sets a minimum term.
• We may suspend all or part of the Services immediately where that is reasonably necessary to prevent harm, comply with the law, or protect the Services, other customers or other people, including if you seriously breach section 10. We will tell you why, work with you to fix the problem, and lift the suspension once it is fixed.
• Either of us may end these terms by written notice if the other materially breaches them and does not fix the breach within 30 days of being asked to, or becomes insolvent.
• We may also end these terms for any reason on 60 days' written notice. If we do, we will refund fees you have prepaid for the period after they end.
• After the end. You may export your Customer Data for 30 days. After that we delete it, except for copies in backups, which expire on their normal cycle, and anything the law requires us to keep. Contact details shared with you under section 5 remain yours, subject to that section. Sending domains we provided stop being available to you.
• Sections that by their nature should continue after these terms end will continue, including sections 4, 5, 11, 12 and 15 to 19.

15. Australian Consumer Law

Nothing in these terms excludes, restricts or changes any right or remedy, or any guarantee, warranty or other term, that the Competition and Consumer Act 2010 (Cth) or any other law gives you and that cannot lawfully be excluded or limited.

Where the law allows us to limit our liability for breaching one of those guarantees, our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.

16. Warranties

• Each of us warrants that it has the authority to agree to these terms.
• We will provide the Services with due care and skill.
• Apart from that, and from any rights under section 15, the Services are provided as they are. We do not promise particular results, the accuracy of third-party data, or that messages will be delivered.

17. Liability

• To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill.
• To the extent the law allows, each party's total liability under or in connection with these terms is limited to the fees paid or payable by you in the 12 months before the event that gave rise to the claim.
• These limits do not apply to your obligation to pay fees, to amounts payable under section 18, to liability for fraud or wilful misconduct, or to liability that cannot be limited by law.
• Each party's liability is reduced to the extent the other party caused or contributed to the loss.

18. Indemnities

• By you. You indemnify us against claims by third parties, and the resulting losses and reasonable costs, to the extent they arise from your Customer Data, from content and messages you send or publish through the Services, or from your breach of section 10 or the law. This does not apply to the extent we caused the claim.
• By us. We indemnify you against claims by third parties, and the resulting losses and reasonable costs, that the Services infringe their intellectual property rights. This does not apply to your Customer Data, third-party services, or changes or combinations we did not make.
• The party seeking to be indemnified must tell the other promptly about the claim, let it control the defence and settlement, and give reasonable help.

19. Privacy

Our Privacy Policy explains how we handle personal information. Where we handle personal information for you as your service provider, we will:

• use it only to provide the Services, in line with your instructions given through the platform, these terms and the law;
• protect it with reasonable security measures; and
• tell you without undue delay about any data breach affecting your Customer Data, and help you meet your obligations in response.

20. Changes to these terms

• When we change these terms, we publish the new version here with the date it takes effect. Earlier versions stay available in the version history below.
• If a change is significant and to your disadvantage, we will give you at least 30 days' notice by email. If you do not agree to it, you may end these terms before it takes effect, and we will refund fees you have prepaid for the period after that.
• Changes needed to comply with the law, or that apply only to new features, may take effect sooner.

21. Disputes

• If a dispute arises, either of us may give the other written notice, and we will both try in good faith to resolve it within 30 days before starting court proceedings. This does not prevent either of us from seeking urgent relief from a court.
• These terms are governed by the laws of Victoria, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and the courts that hear appeals from them.

22. General

• Notices. We send notices to the email address on your account. You send notices to legal@foundedai.com.au.
• Order of precedence. If your signed order conflicts with these terms, the order applies.
• Assignment. You may transfer your rights under these terms only with our consent, which we will not unreasonably withhold. We may transfer ours to a related company or to a successor to our business, by notice to you.
• Subcontractors. We may use subcontractors, and we remain responsible for them.
• Events outside our control. Neither of us is liable for a delay or failure caused by events beyond its reasonable control, other than a failure to pay.
• Whole agreement. These terms, your order and our Privacy Policy are the whole agreement between us about the Services.
• Severability and waiver. If part of these terms is unenforceable, the rest continues to apply. A failure to enforce a right is not a waiver of it.
• Relationship. We are independent contractors, and nothing in these terms creates a partnership or agency.

23. Contact us

Founded Labs Pty Ltd

Legal notices: legal@foundedai.com.au

Privacy: privacy@foundedai.com.au