Terms of Service

TERMS OF SERVICE 1. Agreement to These Terms These Terms of Service (the "Terms") govern access to and use of the Viya Marketing platform and related services (the "Service"), operated by THE GREAT LEARNING TREE PTY LTD (ABN 28 145 031 563) ("we", "us"). By creating a workspace, subscribing to a plan, or using the Service, you agree to these Terms on behalf of yourself and any organisation you represent ("you"). Our handling of personal information is described in the Privacy Policy at /privacy-policy, which forms part of these Terms. 2. The Service The Service helps agencies and businesses draft, review, approve, schedule and publish marketing content under a governed workflow. AI is used to draft and assist; people review and approve, and nothing is published without human approval. Where AI or managed video deliverables are included in a marketing package, add-on, or Extras order, the quoted fee includes the cost of video generation, script writing, and review. AI may draft scripts and video; humans review and approve before anything is published. Paid advertising media spend is never included and is charged by ad platforms to the client's own payment methods. 3. AI-Generated Imagery 3.1 Imagery we create for you may be generated using artificial intelligence. AI-generated imagery is illustrative. It is not a photograph of your premises, the actual plated dish or other specific item a customer will receive, or identifiable staff or customers. 3.2 AI-generated imagery carries a visible on-image label: "AI-generated. Illustrative only." 3.3 We generate imagery from the menu, offers, claims and other business information you record with us. You are responsible for keeping that information accurate and current, and you acknowledge that imagery generated from an inaccurate record may itself be inaccurate. 3.4 Imagery and copy created for you are used only for you. We do not provide, licence, resell or reuse them for another client. 4. Your Account and Your Responsibilities 4.1 You are responsible for the accuracy of the business information you give us, for who you invite into your workspace, and for keeping sign-in credentials secure. 4.2 You must not use the Service to publish content that is unlawful, misleading, infringing, or that breaches the rules of a platform you have connected. You remain responsible for the content published under your brand, including content an AI drafted and a person on your side approved. 5. Connected Accounts and Platform Rules 5.1 Connecting a Facebook Page, Instagram account, Google Business Profile or similar is optional and is done by someone entitled to administer it. You authorise us to publish approved content to those accounts, and to read back engagement and performance data, for as long as the connection remains active. 5.2 Those platforms set their own terms. We publish through their APIs and cannot promise a platform will accept a post, keep it up, or continue to offer a capability. You can revoke our access from the platform at any time, which stops publishing to that account. 6. Approvals and the Approval Record 6.1 Content is published only after it is approved in the Service by someone entitled to approve it. We keep a record of who approved what and when. 6.2 That record is the evidence of authorisation. We retain it for 7 years, including after an account closes, and it cannot be edited after the fact. 7. Fees, Payment and Advertising Spend 7.1 Paid subscriptions and one-off orders are billed through a third-party payment processor. We do not build or operate card infrastructure; card details are handled by that processor under its own terms and controls. 7.2 Fees are billed in advance for the period shown at checkout unless agreed otherwise. Advertising media spend on connected ad platforms is charged by those platforms to your own payment method — it is never part of our fee. 7.3 Your payment details are collected once, when your package starts, and are stored by the payment processor rather than by us. Changing your package later does not require you to enter them again. 7.4 If you move to a higher package, the change takes effect immediately and you are charged a pro-rata amount for the remainder of the current billing period, after which the new monthly fee applies. The exact amount is shown on the invoice for that change. 7.5 If you move to a lower package, the change takes effect at the end of the period you have already paid for. No refund is issued for the remainder of that period, and you keep the higher package until it ends. 7.6 A higher package increases how often we publish for you from the next scheduled slot onwards. We do not publish a backlog of additional posts to make up the earlier part of the period, because posting in bursts reduces the reach of your page. 8. Term, Suspension and Termination 8.1 Either party may end the agreement at the end of the current billing period. We may suspend a workspace for non-payment, or where use of the Service breaks these Terms or puts a connected platform account at risk. 8.2 On termination we stop publishing, revoke stored platform access tokens, and handle remaining data as described in the Privacy Policy and on the data deletion page at /data-deletion. 9. Intellectual Property 9.1 You keep ownership of the business information, brand assets and content you supply, and of the content published under your brand through the Service. You grant us the licence needed to host, process and publish it in order to run the Service for you. 9.2 We keep ownership of the platform itself. 10. Availability and Limitation of Liability 10.1 The Service depends on third-party platforms and infrastructure. We do not promise uninterrupted availability, and we are not liable for a platform outage, a platform's decision about your content, or a result a marketing campaign did not achieve. 10.2 Nothing in these Terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded. 10.3 Where liability can be limited, our total liability for any claim is limited to the greater of: (a) the fees you paid us in the 12 months before the claim; and (b) the unused balance remaining in your account with us at the time of the claim. "Unused balance" means prepaid credit held by us on your account. It does not include advertising media spend held by an ad platform, which is charged by that platform to your own payment method and is not ours to refund. 11. Changes to These Terms When these Terms change, the new version is published here with its effective date and previous versions stay available in the archive. Continued use after the effective date means the new version applies. 12. Governing Law These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the courts of that jurisdiction. 13. Contact Questions about these Terms: hello@viyamarketing.com.au