Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Verteq Pty Ltd (trading as Anchor Compliance) (ABN 27 657 435 615) ("Anchor", "we", "us", or "our"), governing your access to and use of the Anchor platform, including our website, applications, and services (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking "I agree" (or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

2. Description of Service

Anchor provides an artificial intelligence-powered marketing compliance platform designed to assist users in reviewing marketing content for potential compliance issues with applicable Australian laws, regulations, and industry guidelines (the "Service").

2.1 Service Features

The Service may include, but is not limited to:

• AI-powered compliance analysis of marketing content
• Identification of potential regulatory compliance issues
• Suggested corrections and compliant alternatives
• Content generation tools
• Team collaboration features
• Multi-format content analysis (text, images, PDFs, websites)
• Compliance monitoring and reporting

2.2 Critical Disclaimer - Not Legal Advice

The Service is provided for informational and educational purposes only and does not constitute legal, regulatory, compliance, or professional advice of any kind.

The compliance suggestions, risk assessments, and content recommendations provided by the Service are generated by artificial intelligence systems and are intended to assist you in identifying potential compliance considerations. They are not a substitute for professional legal advice from a qualified Australian legal practitioner.

You acknowledge and agree that:

• The Service cannot guarantee regulatory compliance or the absence of legal risk
• AI-generated analysis may contain errors, omissions, or inaccuracies
• Regulations change frequently and the Service may not reflect the most current requirements
• You remain solely responsible for ensuring your marketing content complies with all applicable laws and regulations
• You should seek independent legal advice for compliance decisions

3. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement ("Non-Excludable Rights").

To the extent permitted by law, our liability for breach of any Non-Excludable Rights is limited, at our option, to:

• In the case of goods: replacement, repair, or payment of the cost of replacement or repair
• In the case of services: re-supply of the services or payment of the cost of having the services re-supplied

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorised use of your account

4.2 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4.3 Organisational Accounts

If you create an account on behalf of an organisation, you represent that you have authority to bind the organisation to these Terms. Organisation administrators are responsible for managing team member access and ensuring compliance with these Terms by all users within their organisation.

5. Subscription and Payment Terms

5.1 Subscription Plans

The Service is offered through paid subscription plans. Details of current plans, pricing, and features are available on our website.

5.2 Payment

By subscribing to a paid plan, you agree to pay all applicable fees. All fees are quoted in Australian Dollars (AUD) unless otherwise specified and include GST where applicable.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorise us to charge your designated payment method for recurring subscription fees.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. Except as required by the Australian Consumer Law or as otherwise stated in our refund policy, fees paid are non-refundable.

5.5 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' notice. Price changes will apply to your next renewal period following the notice.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in good faith and for its intended purpose of assisting with marketing compliance.

6.2 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Submit content that infringes intellectual property rights of others
• Attempt to gain unauthorised access to the Service or related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels on the Service
• Use the Service to generate content that is defamatory, obscene, or harmful
• Resell, sublicense, or redistribute access to the Service without authorisation
• Use the Service in a manner that could damage, disable, or impair the Service
• Submit false, misleading, or fraudulent content for compliance checking
• Use compliance analysis results to circumvent regulatory requirements

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, and design (excluding User Content), is and shall remain the exclusive property of Anchor and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws of Australia and international conventions.

"Anchor", the Anchor logo, and other Anchor trademarks are trademarks of Verteq Pty Ltd (trading as Anchor Compliance). You may not use our trademarks without prior written permission.

7.2 User Content

You retain ownership of all content you submit to the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, store, and analyse your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not infringe the intellectual property or other rights of any third party.

7.3 AI-Generated Content

Compliance suggestions, corrected content, and other outputs generated by our AI systems based on your User Content ("AI Outputs") are provided to you for your use. You acknowledge that AI Outputs may be similar to outputs provided to other users and that we do not guarantee the uniqueness or originality of AI Outputs.

8. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

9. Third-Party Services

The Service may integrate with or provide links to third-party websites, services, or applications ("Third-Party Services"). We do not control Third-Party Services and are not responsible for their content, privacy policies, or practices.

Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services. We encourage you to review the terms and privacy policies of any Third-Party Services you access through the Service.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law and subject to your non-excludable rights:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• We do not warrant the accuracy, completeness, or reliability of any compliance analysis, suggestions, or AI-generated content
• We do not warrant that the Service will meet your specific requirements or achieve any particular results

11. Limitation of Liability

To the maximum extent permitted by applicable law and subject to your non-excludable rights:

11.1 Exclusion of Certain Damages

In no event shall Anchor, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation:

• Loss of profits, revenue, or business
• Loss of data or use of data
• Loss of goodwill or reputation
• Regulatory fines, penalties, or enforcement actions
• Costs of substitute services
• Any other intangible losses

Whether arising from breach of contract, tort (including negligence), breach of statutory duty, or otherwise, even if we have been advised of the possibility of such damages.

11.2 Cap on Liability

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms or your use of the Service shall not exceed the greater of:

• The amount you paid to us in the twelve (12) months preceding the claim; or
• One hundred Australian dollars (AUD $100)

11.3 Specific Exclusions for AI Analysis

Without limiting the foregoing, we shall not be liable for any loss or damage arising from:

• Reliance on compliance analysis or suggestions provided by the Service
• Publication or use of marketing content that was analysed by the Service
• Regulatory enforcement actions, fines, or penalties
• Inaccuracies, errors, or omissions in AI-generated analysis or content
• Failure of the Service to identify compliance issues or regulatory risks

12. Indemnification

You agree to defend, indemnify, and hold harmless Anchor and its directors, officers, employees, agents, contractors, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any claim that your marketing content caused damage to a third party

13. Modifications to Service and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

13.2 Terms Updates

We may revise these Terms from time to time. We will provide notice of material changes by posting the revised Terms on our website and updating the "Last Updated" date. Your continued use of the Service after the revised Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

14.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms
• We are required to do so by law
• We decide to discontinue the Service

14.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and User Content, subject to any legal retention obligations. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland.

15.2 Dispute Resolution

Before commencing any legal proceedings, you agree to first attempt to resolve any dispute with us through good faith negotiations. You may contact us at support@anchorcompliance.com.au to initiate dispute resolution.

If the dispute cannot be resolved through negotiations within 30 days, either party may pursue resolution through the courts of Queensland.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Anchor regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Anchor.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Notices

We may provide notices to you via email to the address associated with your account, through the Service, or by posting on our website. You may provide notices to us at support@anchorcompliance.com.au.

16.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, power failures, or internet service disruptions.

17. Contact Information

If you have any questions about these Terms, please contact us at: