Terms & Conditions

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the agency you represent. By engaging us, you confirm you have that authority.

Foundable provides AI visibility audits, benchmarking, strategy and ongoing engagements designed to help Australian real estate agents and agencies get named, cited and recommended by AI answer engines such as ChatGPT, Gemini, Claude and Perplexity. Specific deliverables, timelines and fees are set out in a separate engagement letter or proposal.

You agree not to:

• Use the services in a way that breaches any applicable law or regulation.
• Impersonate Foundable or any other person or business.
• Interfere with or disrupt the website, our systems or any connected networks.
• Attempt to gain unauthorised access to accounts, systems or data.
• Reproduce, resell or redistribute our reports, methodology or materials without our written consent.

Free audits are provided at no cost. Paid engagements are invoiced in line with the terms set out in your proposal or engagement letter. Invoices are payable within the timeframe specified. Late payments may incur interest at the rate permitted by law and we may pause services until amounts owing are settled.

You are responsible for:

• Providing accurate, complete information about your business.
• Reviewing and approving content and recommendations we prepare on your behalf.
• Ensuring your use of our reports, leads and recommendations complies with all applicable laws (including consumer protection, spam, telemarketing and privacy laws).
• Maintaining the security of any accounts, credentials or systems you share with us.

Our website, methodology, reports, frameworks and materials are owned by Foundable or our licensors and are protected by Australian and international copyright and intellectual property laws. During the term of your engagement, you are granted a non-exclusive, non-transferable licence to use the deliverables we produce for you for your business purposes.

We provide our services with due care and skill. We can't and don't guarantee any specific ranking, citation, listing volume or commercial outcome, as AI answer engines, search engines and markets are outside our control. To the extent permitted by law, our services and website are provided “as is” without any warranties beyond those implied by law (including the Australian Consumer Law, where it applies).

To the maximum extent permitted by law, Foundable will not be liable for any indirect, incidental, special, consequential or punitive loss, or for lost profits, lost revenue, lost data or lost opportunity, arising from or in connection with the services. Our total liability to you for any claim connected to the services is limited to the fees you paid us in the six months before the claim arose.

Nothing in these Terms limits any rights or remedies you have under the Australian Consumer Law that cannot be lawfully excluded.

You agree to indemnify Foundable against any claims, losses or costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the services, or your breach of any law in connection with your use of our deliverables.

We treat information you share with us during an engagement as confidential and only use it to deliver the services or as required by law. You agree to treat our methodology, pricing and non-public materials as confidential in the same way.

Either party may end an engagement in line with the notice period set out in your proposal. We may suspend or terminate access to the services immediately if you breach these Terms, fail to pay amounts owing, or use the services in a way that could cause harm or legal risk to us or others. Clauses that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and indemnity) will continue to apply.

These Terms are governed by the laws of Victoria, Australia. Any dispute will be dealt with in the courts of Victoria, unless the parties agree to mediation or arbitration first.

We may update these Terms from time to time. The latest version will always be posted on this page with a new “Last updated” date. Continued use of the services after a change means you accept the updated Terms.

Questions about these Terms? Email sandy@foundable.com.au.