Terms of Use

1. About these Terms

These Terms of Use (Terms) govern your access to and use of the SMEInspect website, applications and related services (the Service). The Service is operated by ClarityIntel Pty Ltd, an Australian company (ABN 54 697 254 596), trading as SMEInspect (we, us, our).

ClarityIntel Pty Ltd is a single Australian entity that offers the Service to users in Australia and, where available, cross-border to users in the United Kingdom and United States. We do not currently operate a separate UK or US entity, and these AU Terms are drafted on that basis. Region-specific terms apply where we have published them for your market.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Where you purchase a paid tier, you also accept the no-reliance acknowledgement shown at checkout, which forms part of these Terms.

2. Definitions

• Service — the SMEInspect website, applications and related services, including the automated screen and its outputs.
• Report — the computer-generated risk report produced by the Service for a target business you submit.
• SMEInspect Estimate (Estimate) — an indicative value range produced by the Service to help you sense-check an asking price. It is not a professional or registered valuation.
• Full Report — our one-off paid tier delivering a single Report and Estimate.
• Compare & Monitor — our recurring, auto-renewing subscription that re-runs inspections and alerts you to changes.
• Your Content — the documents, business details and other materials you upload or provide.
• Output — any Report, Estimate or other result the Service generates.

3. Eligibility & acceptance

You must be at least 18 years old and have the legal capacity and authority to enter into these Terms, whether on your own behalf or on behalf of the organisation you represent. If you accept these Terms for an organisation, you warrant that you are authorised to bind it.

Acceptance is recorded and versioned. Each paid order records the version of these Terms you accepted at checkout, together with the no-reliance acknowledgement.

4. Nature of the service

SMEInspect provides general information and an automated, computer-generated screen for prospective buyers of small and medium-sized businesses. Outputs are based only on the documents and data you supply, together with public-record data we retrieve. Outputs include a Report and the SMEInspect Estimate — an indicative range intended to help you sense-check an asking price.

The Service is not a professional or registered valuation and does not constitute financial, investment, accounting, tax or legal advice. The Estimate does not confirm a price and must not be relied on as the sole or primary basis of any transaction.

The Service reflects only the documents and data it is given plus public-record data. It cannot detect information that a seller withholds, omits or misstates. SMEInspect is independent of buyer, seller and broker. We do not audit, verify or warrant the accuracy or completeness of information provided by you or any third party.

5. Automated processing & AI

Outputs are generated by automated means, including artificial intelligence and large language model (AI/LLM) inference run by a sub-processor on our behalf. Automated systems and AI can be wrong, incomplete or out of date, and their inferences may not reflect the actual position of a target business.

Outputs are decision-support for you. We do not make any decision that produces legal or similarly significant effects about you by solely automated means. You remain responsible for your own assessment, due diligence and decisions.

6. Your information & documents

You are responsible for the accuracy and completeness of the information and documents you upload or provide. The Service reflects only what it is given — it cannot detect information a seller withholds, omits or misstates.

You warrant that you have the right to provide the materials you submit, that doing so does not breach any confidentiality obligation, contract or law, and that the materials do not infringe the rights of any third party. Do not upload personal information about third parties unless you are authorised to do so.

How we handle personal information is described in our Privacy Policy.

7. No reliance

You acknowledge and agree that:

• Outputs are an automated screen for your own due-diligence purposes and are not a substitute for independent professional advice;
• you will conduct your own due diligence and obtain independent professional advice (accounting, legal and, where appropriate, a registered valuation) before entering into any agreement to purchase a business;
• the Estimate does not confirm a price, and you will not rely on the Service as the sole or primary basis of any transaction or investment decision.

8. Fees, payment & subscriptions

Fees for each paid tier are shown before you confirm an order, in Australian dollars unless stated otherwise, and may be inclusive of GST where applicable. Payments are processed by our third-party payment provider; we do not store full card numbers.

Full Report is a one-off purchase. Compare & Monitor is a recurring, auto-renewing subscription: it renews automatically at the end of each billing period (for example, monthly or annually) at the then-current price, and your payment method is charged for each renewal until you cancel.

You may cancel Compare & Monitor at any time from your account settings or by contacting support@clarityintel.ai. Cancellation stops future renewals and takes effect at the end of the current billing period; you retain access until then. We will notify you of any change to subscription pricing before it takes effect.

9. Cancellation & refunds

Because the Service delivers digital products and services that begin immediately, there is no general statutory cooling-off period for digital services in Australia once supply has started. Nothing in this clause limits your rights under the Australian Consumer Law.

Where the Service fails to meet a consumer guarantee under the Australian Consumer Law, you are entitled to a remedy. For a major failure you may be entitled to a refund or to cancel; for other failures we may, at our election where the law permits, re-supply the service or provide the cost of re-supply. To request a remedy, contact support@clarityintel.ai.

10. Acceptable use

You must use the Service lawfully and only for legitimate pre-purchase due diligence. You must not:

• upload material you have no right to provide, or that is unlawful, infringing or malicious;
• use the Service to harass, defame or harm any person, or to make unlawful enquiries about individuals;
• attempt to access, probe or disrupt the Service, its security or its infrastructure, or circumvent usage limits;
• scrape, resell, sublicense or commercially exploit the Service or Outputs except as expressly permitted;
• use the Service to build a competing product, or to train or develop any model.

11. Intellectual property

We (and our licensors) own all intellectual property rights in the Service, the underlying models and methodology, and the Reports and Estimates, excluding Your Content. All rights not expressly granted are reserved.

On full payment, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use your Report and Estimate for your own internal due-diligence purposes in connection with the relevant transaction.

You retain ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, process and use Your Content for the purpose of providing the Service and producing your Outputs, and as otherwise described in our Privacy Policy. We do not use Your Content to train AI models.

12. Third-party data & sources

The Service retrieves and incorporates public-registry and third-party data about the target business and its officers (for example, from company and business registers). This data is provided by third parties and may be incomplete, out of date or inaccurate. We are not responsible for the content of third-party sources and do not warrant their accuracy.

The Service may link to or rely on third-party services. Your use of those services is governed by their own terms.

13. Disclaimers

To the maximum extent permitted by applicable law, and subject to clause 15, the Service and all Outputs are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied or statutory, including warranties of accuracy, completeness, fitness for a particular purpose or non-infringement.

We do not guarantee that the Service will be uninterrupted, error-free or free from harmful components. Benchmarks, multiples and automated inferences may be wrong, incomplete or out of date.

14. Limitation of liability

To the maximum extent permitted by law, and subject to clause 15, we exclude all liability for any loss or damage — including indirect, consequential or economic loss, loss of profit or opportunity, and any loss arising from a business purchase, sale or investment decision — arising from or in connection with your use of, or reliance on, the Service or any Output.

Where our liability cannot be excluded but can be limited, our total aggregate liability to you for all claims arising from or in connection with these Terms or the Service — whether in contract, tort (including negligence), under statute or otherwise — is limited to the total fees you paid to us for the Service in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any liability that cannot be excluded, restricted or modified under applicable law — including the consumer guarantees under the Australian Consumer Law — or any liability for fraud or fraudulent misrepresentation.

15. Consumer rights

If you are a consumer under the Australian Consumer Law (Schedule 2 to the *Competition and Consumer Act 2010* (Cth)), our goods and services come with guarantees that cannot be excluded. These Terms do not exclude, restrict or modify those consumer guarantees or any other right or remedy you have under that law.

Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee in respect of services, our liability is limited, at our election, to re-supplying the services or paying the cost of having the services re-supplied.

We will not seek to rely on any term of these Terms that is an unfair contract term under the Australian Consumer Law. The unfair contract terms regime — including the penalties in force since November 2023 — has been considered in drafting these Terms, and any term a court finds unfair is void and severable without affecting the remaining Terms.

16. Changes

We may update these Terms from time to time. Material changes will be notified by posting an updated version at /terms-of-use with a revised version label and effective date. Continued use after changes take effect constitutes acceptance of the updated Terms. Paid orders record the version you accepted at checkout.

17. Governing law & jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Nothing in this clause deprives you of the protection of any mandatory consumer law that applies in your place of residence.

18. Contact

Questions about these Terms: legal@clarityintel.ai · support: support@clarityintel.ai · post: PO Box 4127, Balgowlah Heights NSW 2093, Australia.

ClarityIntel Pty Ltd, ABN 54 697 254 596, trading as SMEInspect. See also our Privacy Policy.