Terms & Conditions

Subscription Agreement for Congero Services

Effective Date: 1 April 2025

1. Agreement Overview

This Agreement outlines the terms and conditions under which Congero Pty Ltd ("Congero", "we", "us", or "our") provides its AI-powered website creation and maintenance services ("Services") to you ("Customer", "you", or "your"). By subscribing to our Services, you agree to be bound by this Agreement.

2. Services Provided

Congero offers a Software-as-a-Service (SaaS) platform that utilizes AI agents to deliver:

  • Website Creation: Automated generation of a mobile-responsive business website based on your inputs.
  • Website Updates: Real-time updates and modifications through live chat interactions.
  • Domain Services: Provisioning of a new domain or integration with an existing domain.
  • Hosting and Maintenance: Continuous hosting, security monitoring, and performance optimisation.

3. Subscription and Payment

  • Fees: A monthly subscription fee, inclusive of GST.
  • Billing Cycle: Monthly, commencing on the date of subscription activation.
  • Payment Method: Payments are processed via Stripe, and you authorize recurring charges to your selected payment method.
  • Trial Period: A 30-day free trial is available for new subscribers. Post-trial, standard billing applies unless canceled before the trial ends. This free trial is only available to [ ].congero.com.au based sites (i.e not for separate URLs).
  • Late Payments: Failure to process payment may result in suspension or termination of Services.

4. Fair Use Policy for Unlimited Updates

While Congero offers unlimited website updates, this is subject to a fair use policy to ensure optimal performance for all customers. Excessive or unreasonable use may include, but is not limited to:

  • Submitting an unusually high number of update requests in a short period.
  • Requesting updates that require extensive manual intervention beyond the capabilities of our AI agents.

We reserve the right to limit, delay, suspend, or terminate access to the update feature if we determine that your usage exceeds reasonable limits.

5. Limitations of AI Builder

Our AI-driven Services are designed to handle a wide range of website creation and maintenance tasks. However, certain functionalities are beyond the scope of our AI capabilities, including:

  • E-commerce Transactions: Managing online retail payments, shopping carts, or inventory systems.
  • Custom Software Development: Creating bespoke applications or complex integrations.
  • Advanced SEO Strategies: Implementing in-depth search engine optimization techniques beyond standard practices.
  • Legal Compliance: Ensuring compliance with industry-specific regulations or legal requirements.

Customers requiring these functionalities should seek specialized services outside of Congero's offerings.

6. Customer Obligations

You agree to:

  • Provide accurate and complete information during onboarding.
  • Maintain the confidentiality of your account credentials.
  • Use the Services in compliance with applicable laws and regulations.
  • Refrain from using the Services for any unlawful or prohibited activities.
  • Ensure all content on your website complies with our content standards and applicable laws.
  • Promptly remove any content that violates these terms when notified by Congero.

7. Prohibited Content and Content Standards

7.1 Prohibited Content

You agree that your website and all content therein must not contain, display, or promote:

  • Defamatory Content: False statements that damage the reputation of any person, business, or entity.
  • Discriminatory Content: Content that discriminates against individuals or groups based on race, religion, gender, sexual orientation, age, disability, or other protected characteristics.
  • Hateful Content: Content that promotes hatred, violence, or harassment against any individual or group.
  • Offensive Content: Content that is deliberately offensive, derogatory, or intended to cause distress.
  • Illegal Content: Content that violates any applicable local, state, national, or international law or regulation.
  • Misleading Information: False, misleading, or deceptive statements about products, services, or business practices.
  • Adult Content: Sexually explicit material, pornography, or other adult content inappropriate for general audiences.

7.2 Content Moderation Rights

  • Review Rights: Congero reserves the right to review, monitor, and evaluate content on websites created through our Services.
  • Removal Rights: We may immediately remove or disable access to any content that violates these standards without prior notice.
  • Suspension Rights: Repeated violations may result in suspension or termination of your account and Services.

7.3 Customer Content Responsibility

You are solely responsible for ensuring all content on your website complies with these standards and applicable laws. This includes content you provide directly, content generated through AI prompts, and any third-party content you incorporate.

8. Intellectual Property

  • Congero IP: All intellectual property rights in the Services, including but not limited to software, AI models, and design templates, remain the exclusive property of Congero.
  • Customer Content: You retain ownership of all content you provide. By submitting content, you grant Congero a non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing the Services.

9. Images and Intellectual Property Liability

8.1 Customer-Provided Images

  • Licensing Responsibility: You are solely responsible for ensuring that any images you provide to Congero have been properly licensed for your intended use. This includes obtaining appropriate permissions, licenses, or releases for any copyrighted material, trademarked content, or images containing recognizable persons.
  • Indemnification for Images: You agree to indemnify and hold harmless Congero from any claims, damages, costs, or legal actions arising from your use of unlicensed, improperly licensed, or infringing images on your website.
  • Recommended Sources: We strongly recommend using royalty-free image sources such as Unsplash.com, Pexels.com, or AI image generators provided by reputable services like OpenAI DALL-E, Google Imagen, or similar platforms that provide appropriate usage rights.

8.2 AI-Generated Images

  • Customer Responsibility for Prompts: When requesting AI-generated images through our Services, you are responsible for ensuring your prompts do not intentionally seek to replicate copyrighted characters, trademarked logos, famous personalities, or other protected intellectual property.
  • No Liability for AI Output: Congero is not liable if AI-generated content inadvertently resembles existing copyrighted material, trademarked content, or protected intellectual property. You acknowledge that AI systems may produce outputs that unintentionally reference existing works.
  • Customer Review Obligation: You are responsible for reviewing all AI-generated content before publication and removing any content that you believe may infringe on third-party rights.

8.3 Content Removal

Congero reserves the right to remove any content from your website that we reasonably believe may infringe on third-party intellectual property rights, upon notice or our own discovery. We will make reasonable efforts to notify you of such removals, but are not obligated to provide advance notice in cases of clear infringement.

8.4 Post-Termination Access and Ownership

Upon termination of your subscription, you may request an export of your customer-provided content (text and images). The website design, layout, templates, AI-generated structure and content, and underlying code remain the sole property of Congero and cannot be downloaded, transferred, or replicated outside the Congero platform.

10. Data Privacy and Security

  • Data Collection: We collect and process personal data in accordance with our Privacy Policy.
  • Data Storage: Customer data is stored on secure servers located in Australia.
  • Data Access: Access to your data is restricted to authorised personnel and is used solely for delivering and improving the Services.

11. Service Availability and Support

  • Uptime Commitment: Whilst we aim for 99.9% uptime, no uptime warranty or commitment is made by Congero to You. Scheduled maintenance will be communicated in advance.
  • Support: Live AI chat support is available 24/7 for all subscribers. Human escalations will be answered within normal business hours in Melbourne, Australia.

12. Termination

  • By You: You may cancel your subscription at any time via your account dashboard. Services will remain active until the end of the current billing cycle.
  • By Congero: We reserve the right to suspend or terminate your access to the Services for violations of this Agreement, including but not limited to prohibited content violations, or any applicable laws.
  • Effect of Termination: Upon termination, your website and associated data will be retained for 30 days. After this period, data will be permanently deleted.

13. Limitation of Liability

To the maximum extent permitted by law:

  • Congero shall not be liable for any indirect, incidental, or consequential damages arising out of or related to your use of the Services.
  • Our total liability under this Agreement shall not exceed the total fees paid by you in the three months preceding the claim.
  • IP Infringement Exclusion: Congero expressly disclaims any liability for intellectual property infringement claims arising from customer-provided content, customer-requested AI-generated content, or customer prompts that result in potentially infringing material.

14. Indemnification

You agree to indemnify and hold harmless Congero, its affiliates, and employees from any claims, damages, or expenses arising from:

  • Your use of the Services or violation of this Agreement;
  • Any content you provide, including images, text, or other materials;
  • Any defamatory, discriminatory, hateful, offensive, or otherwise prohibited content on your website;
  • Any intellectual property infringement claims related to content on your website;
  • Your prompts or requests to our AI systems that result in potentially infringing content;
  • Your failure to obtain proper licenses or permissions for any content used on your website; and
  • Any legal action or regulatory investigation arising from content on your website.

15. Amendments

We may update this Agreement from time to time. Changes will be communicated via email or through the Services. Continued use of the Services after such changes constitutes your acceptance of the new terms.

16. Price Changes

Congero reserves the right to modify its subscription fees at any time. Any price changes will be communicated to you via email or text message at least 60 days prior to the effective date of the change. Continued use of the Services after the price change becomes effective constitutes your agreement to pay the revised subscription fees. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.

18. Contact Information

For any questions or concerns regarding this Agreement, please contact:

Congero Pty Ltd
Email: contact@congero.com.au

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