Terms of Service

1. Definitions

• "Account" means the account you create to access the Service.
• "Customer Content" means any data, text, images, business information, reviews, responses, posts, or other material you submit to, generate through, or connect to the Service.
• "Google Account Data" means information accessed from your connected Google Business Profile and Google account via Google's APIs.
• "Subscription" means a paid plan you select (Starter, Growth, or Agency, or any future plan).
• "AI Output" means content generated by the Service's artificial intelligence features, including profile suggestions, review responses, and posts.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use only and not for personal, household, or domestic purposes.

3. Your Account

You are responsible for:

• providing accurate, current, and complete information when registering;
• keeping your login credentials confidential; and
• all activity that occurs under your Account.

Notify us immediately at bigbanglabsco@gmail.com if you suspect unauthorised use of your Account. We are not liable for any loss arising from unauthorised use of your Account where you have failed to keep your credentials secure.

4. Subscriptions, Free Trial, and Billing

4.1 Free trial

We offer a 14-day free trial. No payment card is required to start the trial unless we state otherwise at sign-up. We may modify or discontinue free trials at any time.

4.2 Fees and billing

Subscription fees are set out on our pricing page and are charged in AUD. Unless stated otherwise, prices are exclusive of GST, which will be added where applicable. By subscribing, you authorise us (and our payment processor) to charge the applicable fees to your nominated payment method.

4.3 Auto-renewal

Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current rate, until cancelled. You authorise us to charge your payment method for each renewal.

4.4 Price changes

We may change our fees. We will give you at least 30 days' notice of any price increase, which will take effect at your next renewal. Continued use after the change takes effect constitutes acceptance.

4.5 Failed payments

If a payment fails, we may suspend or downgrade your Account until payment is made.

5. Cancellation and Refunds

You may cancel your Subscription at any time from your Account settings or by contacting bigbanglabsco@gmail.com. Cancellation takes effect at the end of your current billing period, and you will retain access until then. There are no lock-in contracts.

Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable and we do not provide pro-rata refunds for partial billing periods. Nothing in this clause limits any rights you have under the Australian Consumer Law (see clause 12).

6. The Service and Licence

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own business purposes.

We may update, modify, or improve the Service from time to time. We may also add, change, or remove features.

7. Connecting Your Google Business Profile

7.1 Authorisation

Certain features require you to connect your Google account and grant permissions via Google's APIs. By connecting, you authorise us to access, retrieve, display, and (where you direct) submit content to your Google Business Profile on your behalf.

7.2 No affiliation with Google

ProfileHero is an independent product. We are not affiliated with, endorsed by, or sponsored by Google LLC. "Google", "Google Business Profile", and related marks are trademarks of Google LLC.

7.3 Google's terms

Your use of Google services through the Service remains subject to Google's own terms and policies. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. See our Privacy Policy for details.

7.4 You remain responsible

You are responsible for ensuring your use of the Service complies with Google's policies. Google may change, restrict, or remove API access at any time, which may affect or interrupt features of the Service.

8. AI-Generated Content

8.1 Review before publishing

The Service uses AI to generate suggestions, review responses, posts, and other content. AI Output may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing, editing, and approving any AI Output before it is published or submitted to your Google Business Profile or elsewhere.

8.2 No professional advice

AI Output does not constitute professional, legal, marketing, or business advice.

8.3 Ownership of AI Output

As between you and us, you own the AI Output you generate and publish, subject to clause 10. You are responsible for ensuring published content is accurate, lawful, and not misleading.

9. No Guarantee of Results

The Service is designed to help you manage and optimise your online presence, but we do not guarantee any particular outcome — including improved search rankings, visibility, profile views, calls, customers, or revenue. Search results depend on factors outside our control, including Google's algorithms and third-party behaviour.

10. Customer Content and Intellectual Property

10.1 Your content

You retain all rights in your Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display your Customer Content solely to operate and provide the Service to you.

10.2 Your warranties

You warrant that you have all necessary rights to your Customer Content and that it does not infringe any third party's rights or breach any law.

10.3 Our intellectual property

We (and our licensors) own all rights in the Service, including its software, design, branding, and content (excluding Customer Content). Nothing in these Terms transfers any of those rights to you.

11. Acceptable Use

You must not:

• use the Service for any unlawful, fraudulent, or misleading purpose;
• generate or publish fake, deceptive, or incentivised reviews, or content that violates Google's policies;
• attempt to gain unauthorised access to the Service or its systems;
• reverse engineer, scrape, or copy the Service except as permitted by law;
• resell or sublicense the Service except as expressly permitted under the Agency plan; or
• use the Service to infringe the rights of others or transmit malicious code.

We may suspend or terminate your access for breach of this clause.

12. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). For major failures with the service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the ACL that cannot lawfully be excluded.

13. Disclaimers and Limitation of Liability

13.1 Service "as is"

Subject to clause 12 and to the extent permitted by law, the Service is provided "as is" and "as available", and we make no warranties that it will be uninterrupted, error-free, or secure.

13.2 Limitation

To the maximum extent permitted by law, and subject to the ACL:

• we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, goodwill, or business opportunity; and
• our total aggregate liability arising out of or in connection with the Service is limited to the total fees you paid to us in the 12 months preceding the event giving rise to the liability.

13.3 Third-party services

We are not liable for any loss arising from the acts, omissions, outages, or policy changes of third parties, including Google and payment processors.

14. Indemnity

You agree to indemnify us against any loss, liability, or cost we suffer arising from your breach of these Terms, your Customer Content, or your misuse of the Service, except to the extent caused by our negligence or breach.

15. Suspension and Termination

We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends. We may delete your Customer Content after a reasonable period in accordance with our Privacy Policy. You may export your data before cancelling where the Service provides that functionality.

16. Privacy

Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and update the "Last updated" date. For material changes, we will give you reasonable notice (for example, by email or in-app notice). Continued use after changes take effect constitutes acceptance.

18. General

• Governing law: These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts.
• Severability: If any provision is found invalid, the remaining provisions continue in effect.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a sale or reorganisation of our business.
• Entire agreement: These Terms, together with the Privacy Policy and any plan-specific terms, are the entire agreement between us.

19. Contact Us

BIG BANG LABS PTY LTD
ACN 685 247 438
Email: bigbanglabsco@gmail.com