attentionPLAN Terms of Service
“Product” refers to the media planning product attentionPLAN™ provided by Amplified Intelligence Technologies Pty Ltd that allows users to adjust existing media plans and receive recommended media plans based on their goals.
“User” refers to any individual or entity that uses the Product.
“Content” refers to any media plan or other information submitted by the User through the Product.
“Fee” refers to the cost of using the Product, as set forth in Amplified Intelligence Technologies Pty Ltd’s pricing schedule.
“Terms” refers to these terms of service.
“Confidential Information” refers to any information disclosed by Amplified Intelligence Technologies Pty Ltd to the User that is marked confidential or that would reasonably be considered confidential under the circumstances.
User agrees to use the Product only for internal use and for the benefit of their clients. User agrees not to use the Product to create a competing product or service or to resell, sublicense, or transfer access to the Product to any third party. User further agrees not to use the Product in any way that harms Amplified Intelligence Technologies Pty Ltd, including without limitation, by reverse engineering the Product, attempting to gain unauthorized access to the Product, or using the Product to engage in any illegal, fraudulent, or malicious activity.
Users may integrate the Product with their internal tools for the purpose of using the Product in conjunction with those tools. However, Users may not integrate the Product with any third-party tools or services without prior written consent from Amplified Intelligence Technologies Pty Ltd.
Users are solely responsible for the Content they submit through the Product. Users retain ownership of all intellectual property rights in their Content, and grant Amplified Intelligence Technologies Pty Ltd a non-exclusive, worldwide, royalty-free license to use, copy, and modify their Content for the purpose of providing the Product.
User agrees to keep all Confidential Information disclosed by Amplified Intelligence Technologies Pty Ltd confidential and not to disclose such information to any third party without Amplified Intelligence Technologies Pty Ltd’s prior written consent. User further agrees not to take any screenshots or recordings of the Product or otherwise share information about the Product with individuals or entities outside of their organization.
MEDIA PLANNING RECOMMENDATIONS
The Product provides recommendations based on the information provided by the User. Amplified Intelligence Technologies Pty Ltd makes no guarantees or representations as to the accuracy or effectiveness of these recommendations. Users are solely responsible for making any decisions based on these recommendations.
Use of the Product requires payment of the Fee. Users agree to pay all fees and charges associated with their use of the Product in a timely manner. Amplified Intelligence Technologies Pty Ltd reserves the right to suspend or terminate User accounts for non-payment.
LIMITATION OF LIABILITY
The Product is provided on an “as is” and “as available” basis. Amplified Intelligence Technologies Pty Ltd makes no warranties or representations, express or implied, about the suitability, reliability, availability, timeliness, or accuracy of the Product. In no event shall Amplified Intelligence Technologies Pty Ltd be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with User’s use of the Product.
Users agree to indemnify and hold harmless Amplified Intelligence Technologies Pty Ltd, its affiliates, and its respective officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with their use of the Product or their breach of these Terms.
Amplified Intelligence Technologies Pty Ltd may terminate User accounts and access to the Product at any time for any reason, including without limitation, User’s violation of these Terms.
These Terms and Conditions are governed by and construed in accordance with the laws of Australia, without giving effect to the choice of law provisions. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Australia over any claim under or in connection with these Terms and Conditions or their enforceability.
No Party shall be liable to the other or be deemed to be in breach of these Terms and Conditions by any reason of any delay in performing, or any failure to perform, any of their obligations if the delay or failure was due to a Force Majeure Event. If a Force Majeure Event occurs, each Party must take reasonable steps to mitigate against the impact of that Force Majeure Event. If a Force Majeure Event persists for ninety days or longer, either party may terminate the license, and the Parties shall share equally in any costs or losses arising as a consequence.
Amplified Intelligence Technologies Pty Ltd reserves the right to modify these Terms at any time. User’s continued use of the Product after any such modifications shall constitute their acceptance of such modifications.
By ticking the box accepting these Terms and Conditions you will have deemed to agree and accept all of the Terms of Service listed as part of the Product.