Terms of Use

1. About these Terms

These Terms of Use (Terms) govern your access to and use of the SMEInspect website and 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). We are an Australian company selling cross-border into the United States; we do not currently have a US entity, and you contract with the Australian operator.

By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

• Service — the SMEInspect website, the automated inspection engine, the Reports and Estimates it produces, and related features.
• Report — the automated, computer-generated risk report we produce about a target business from the materials you supply and public-record data.
• SMEInspect Estimate (Estimate) — an indicative value *range* generated to help you sense-check an asking price. It is not a valuation.
• Full Report — the one-off paid tier delivering a single Report.
• Compare & Monitor — the recurring, auto-renewing subscription that re-runs inspections and alerts you to change.
• Inputs — the documents, business details and other information you upload or provide.
• You — the individual or organisation accessing the Service.

3. Eligibility and acceptance

You must be at least 18 years old and have authority to bind yourself or the organisation you represent. The Service is intended for business buyers and is not directed to consumers seeking personal, household or family services.

You accept these Terms by clicking to accept at sign-up or checkout. Under the federal E-SIGN Act and applicable state electronic-signature laws, your click-through acceptance is a valid electronic signature. We record and version your acceptance — the date, time and the specific version of these Terms and the no-reliance acknowledgement you accepted are retained with your order.

4. Nature of the Service

SMEInspect provides general information and an automated, computer-generated screen based only on the Inputs you supply plus public-record data. Outputs are the 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 the sole or primary basis of any transaction.

The Service reflects only the documents and data you supply plus public-record data. It cannot detect what 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 and AI

Outputs are generated by automated means, including AI/LLM models operated by a sub-processor on our behalf. AI can be wrong, incomplete or out of date. Benchmarks, multiples and inferences are probabilistic and may not reflect your specific situation.

We do not make any solely-automated decision producing legal or similarly significant effects about you. Outputs are decision-support tools for your own use; you remain responsible for your decisions. How we process your Inputs is described in our Privacy Policy.

6. Your information and documents

You are responsible for the accuracy and completeness of your Inputs. You warrant that you have the right to provide the materials you submit and that doing so does not breach any confidentiality obligation, contract or law.

Do not upload personal information about third parties unless you are authorised to do so. You are responsible for maintaining the confidentiality of your account credentials and for activity under your account.

7. No reliance

You acknowledge and agree that:

• outputs are an automated screen for your own due-diligence purposes, 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;
• you will not rely on the Service, the Report or the Estimate as the sole or primary basis of any transaction or investment decision.

8. Fees, payment and subscriptions

We offer a one-off Full Report and a recurring Compare & Monitor subscription. Prices are shown in US dollars at checkout unless stated otherwise and are exclusive of any applicable taxes. Payments are processed by our payment provider, Stripe; we do not store full card numbers.

Automatic renewal (Compare & Monitor)

Compare & Monitor is an automatically renewing subscription. Consistent with the California Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.), similar state automatic-renewal statutes, and the FTC Negative Option / “click-to-cancel” Rule, before you subscribe we present the automatic-renewal terms clearly and conspicuously and obtain your affirmative consent to them. Those terms are:

• the subscription renews automatically at the end of each billing period until you cancel;
• the recurring charge, billing frequency and renewal date are disclosed at checkout;
• any introductory or promotional price and the price that applies after it ends are disclosed at checkout;
• you may cancel at any time as described below, and we will send renewal or price-change reminders where required by law.

How to cancel

You can cancel Compare & Monitor online at any time, easily and without obstacle, through the Stripe Billing Portal linked from your account — the same channel in which you subscribed, in as few steps. No phone call, email or retention conversation is required. Cancellation stops future renewals; it takes effect at the end of the current paid period.

9. Cancellation and refunds

A Full Report is a digital product delivered on completion. Because the Report is generated and delivered to you, fees for a delivered Report are generally non-refundable, except where a refund is required by applicable law or where we have not delivered what you paid for.

For Compare & Monitor, cancellation stops future renewals as described in Section 8; we do not generally refund the current period once it has begun, except as required by applicable law. Nothing in this Section limits your non-waivable rights under the consumer-protection laws of your state, including any statutory cancellation or refund rights.

10. Acceptable use

You agree not to:

• use the Service for any unlawful, infringing or deceptive purpose, or in breach of any third party’s rights;
• upload material you are not authorised to provide, or that contains malware;
• reverse engineer, scrape, resell, or build a competing product from the Service or its outputs;
• interfere with, overload or attempt to gain unauthorised access to the Service or its systems;
• use outputs to make automated adverse decisions about individuals in violation of law.

11. Intellectual property

We own (or license) all intellectual property in the Service, the inspection engine and the Reports and Estimates, including their structure, methodology and presentation. On payment, we grant you a non-exclusive, non-transferable, revocable licence to access and use your Report for your own internal business and due-diligence purposes.

You retain ownership of your Inputs. You grant us a non-exclusive, worldwide, royalty-free licence to host, process and use your Inputs solely to provide and support the Service and as described in our Privacy Policy. We do not use your Inputs to train AI models.

12. Third-party data and sources

The Service incorporates data from third-party and public sources, including public registries and records about the target business and its officers. We do not control and do not warrant the accuracy, completeness or currency of third-party data, and we are not responsible for third-party websites or services linked from the Service.

13. Disclaimers

To the maximum extent permitted by applicable law, 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, merchantability, 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. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law, we exclude all liability for any indirect, consequential, incidental, special 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 or limits any liability that cannot be excluded or limited under applicable law — including non-waivable rights under applicable US state consumer-protection law — or liability for fraud or fraudulent misrepresentation.

15. Consumer rights (United States)

We are subject to Section 5 of the FTC Act (which prohibits unfair or deceptive acts or practices) and to the unfair and deceptive acts and practices (UDAP) statutes of the states in which we operate. Nothing in these Terms is intended to waive or limit any non-waivable consumer-protection rights you have under federal or state law, and those rights apply regardless of the governing-law clause in Section 17.

Accessibility

We are committed to making the Service accessible and aim to conform to the WCAG 2.1 AA standard, consistent with the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. If you encounter an accessibility barrier, contact us at support@clarityintel.ai and we will work to provide the information or transaction through an accessible alternative.

16. Changes

We may update these Terms from time to time. Material changes will be notified by posting an updated version on this page with a revised version label and, where appropriate, by other reasonable means. Continued use after changes take effect constitutes acceptance of the updated Terms. Each paid order records the version you accepted at checkout.

17. Governing law and jurisdiction

These Terms and any dispute arising out of them or the Service are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state — except that this choice of law does not deprive you of the protection of the mandatory, non-waivable consumer-protection laws of your US state of residence, which continue to apply. Where those laws conflict with this Section, they prevail to the extent of the conflict.

18. Contact

Questions about these Terms: legal@clarityintel.ai · postal: ClarityIntel Pty Ltd, PO Box 4127, Balgowlah Heights NSW 2093, Australia.