1. Introduction

Welcome to Marketlyo, operated by OneHub Services Pty Ltd (trading as AIS Hub) (“Marketlyo”, “we”, “us”, or “our”).

These Terms of Service (“Terms”) govern your access to and use of the Marketlyo platform and related services (the “Platform”).

By creating an account or using Marketlyo, you agree to be bound by these Terms.

If you are entering into this agreement on behalf of a business, you confirm you have authority to bind that entity.

2. Eligibility

- You must be at least 18 years old to use Marketlyo.

- If you allow a minor (13–17) to use Marketlyo, you accept full responsibility for their use and compliance.

- Marketlyo is intended for business and professional use, not personal or consumer entertainment purposes.

3. Account and Access

You agree to provide accurate, current, and complete information during registration.

Maintain confidentiality of your login credentials and notify Marketlyo immediately of unauthorized access.

You are responsible for all activity under your account, including that of your team, clients, or contractors using sub-accounts.

4. Privacy and Data Protection

Marketlyo complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and applicable global data protection laws, including GDPR (EU/UK).

We process data only to deliver and improve our Platform.

You must ensure your own end users are informed of and consent to your data collection and marketing activities.

See our Privacy Policy for full details.

5. Communications & Marketing Compliance

You are solely responsible for all communications (email, SMS, phone, chat) sent via the Platform.

You must comply with:

- Spam Act 2003 (Cth)

- Do Not Call Register Act 2006 (Cth)

- CAN-SPAM Act (USA) and other applicable global anti-spam or telecommunications laws.

Marketlyo facilitates communications but does not originate or monitor message content.

6. Prohibited Conduct

You agree not to:

- Use the Platform for unlawful, abusive, fraudulent, or deceptive purposes

- Send spam or unsolicited communications

- Impersonate Marketlyo, another user, or a third party

- Upload or distribute malware, viruses, or harmful code

- Attempt unauthorized access or interfere with system security

- Copy, reverse-engineer, or resell the Platform without written consent

- Violate intellectual property or privacy rights

Violation may result in immediate suspension or termination of your account.

7. Fees, Billing, and Payments

1. Billing: Fees are billed in advance (monthly or annually). Prices may change with notice.

2. Taxes: All fees exclude GST or VAT unless otherwise stated. You are responsible for taxes in your jurisdiction.

3. Refunds: Setup and subscription fees are non-refundable. Refunds are only provided in case of billing errors or duplicate charges.

4. Cancellations: You may cancel anytime; access continues until the billing cycle ends. No refunds for unused time.

5. Late Payments: Failure to pay may result in suspension or termination. Late fees or recovery costs may apply.

8. Intellectual Property

1. Ownership: All Platform software, designs, trademarks, and documentation remain Marketlyo’s property.

2. License: You receive a limited, revocable license to use Marketlyo for internal business operations only.

3. User Data & Content: You retain ownership of data entered into Marketlyo. You grant Marketlyo a limited right to host and process such data.

4. Feedback: Feedback you provide may be used freely by Marketlyo without compensation or obligation.

9. Third-Party Services

Marketlyo may integrate with third-party systems (e.g., Google, Microsoft, Meta, Stripe, Twilio). These integrations are governed by their own terms.

We are not responsible for third-party performance, security, or data handling.

10. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranty of any kind.

We make no guarantees about uptime, performance, accuracy, or fitness for a particular purpose.

You use Marketlyo at your own risk.

11. Limitation of Liability

To the extent permitted by law:

- Marketlyo’s total liability for any claim is limited to the amount you paid in the three (3) months prior to the incident.

- Marketlyo is not liable for loss of profit, data, revenue, or indirect damages.

- This limitation does not affect rights under the Australian Consumer Law (ACL) or equivalent laws in your jurisdiction.

12. Indemnification

You agree to indemnify and hold Marketlyo harmless from claims, damages, or losses arising from:

- Your use or misuse of the Platform

- Breach of these Terms

- Violation of applicable law

13. Termination

You may terminate your subscription with 30 days’ written notice.

Marketlyo may suspend or terminate your account for breach, misuse, or non-payment.

Upon termination, access ends immediately, and data may be deleted after 30 days unless required by law.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Western Australia unless local law requires otherwise.

Disputes shall be resolved by arbitration under the Western Australian Commercial Arbitration Association (WACAA) or equivalent arbitration body internationally.

All disputes must be conducted individually, not as class actions.

15. Modifications

We may update these Terms from time to time. Updates take effect when posted on our website.

Continued use of Marketlyo means acceptance of the revised Terms.

16. Contact

Marketlyo by AIS Hub

Operated by OneHub Services Pty Ltd

Suite 504, 2/454 Scarborough Beach Road

Osborne Park, Western Australia, 6017

Email: [email protected]

17. Definitions

Platform – The Marketlyo SaaS and associated tools.

Account – Your registered Marketlyo user profile.

Customer Data – Data you or your users upload.

Fees – Subscription, setup, or usage-based charges.

Services – Software tools, automations, and integrations within Marketlyo.

You / User – The individual or business using the Platform.