Terms & Conditions

Terms and Conditions for Jimmy A.I.

Effective Date: September 2024.

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Jimmy A.I. platform (“the Platform”), operated by licensees AWM Health Pty Ltd (ABN 47 641 184 205) and Australian Web Marketing (ABN 14 572 022 504).

By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

The Jimmy A.I. platform is a layered software platform and as such may combine several software's originating from third-party suppliers as well as from our own developers. The Platform is designed for business owners to manage and market data related to their customers, both consumer and B2B. Your use of the Platform is subject to the conditions outlined below.

2 . Definitions

"Platform" refers to the Jimmy A.I. software and its associated website (www.JimmyA.I.net )."User," "you," or "your" refers to any person or entity who accesses or uses the Platform. "Company," "we," "our," or "us" refers to AWM Health Pty Ltd, and / or Australian Web Marketing, the license holders and operators of the Platform."Customer Data" refers to the data input or uploaded by users to the Platform.

3. Eligibility and Account Registration

To use the Platform, you must:

Be at least 18 years old or the age of legal majority in your jurisdiction;

Provide accurate and complete information during the account registration process;

Agree to be responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws in your jurisdiction.

4. User Obligations

By using the Platform, you agree that:

You will only use the Platform for lawful purposes and in accordance with these Terms.

You will not misuse or interfere with the security or operation of the Platform.

You will not use the Platform to infringe the intellectual property rights of others.

You are responsible for the accuracy and legality of any Customer Data you input or upload to the Platform.

You will not use the Platform to collect personal information from others without their consent or in violation of applicable laws.

5. Services Provided by the Platform

The Platform provides a range of business management tools, including but not limited to customer relationship management (CRM), marketing automation, artificial Intelligence (A.I.) and communications tools.

Services may be updated or modified from time to time without prior notice. We do not guarantee that the Platform will be error-free, uninterrupted, or available at all times.

We reserve the right to modify, suspend, or discontinue any feature or part of the Platform without notice.

6. Data Ownership and Rights

You retain ownership of any data you upload to the Platform ("Customer Data"). By uploading Customer Data, you grant us the right to use it for the purpose of providing and improving the services. We do not share or sell Customer Data to third parties, except as required by law or as specified in our Privacy Policy. You represent and warrant that you have all necessary rights and permissions to provide us with Customer Data for processing.

7. Data Compliance and Restrictions

We comply with applicable privacy regulations, including but not limited to GDPR, U.K. Data Protection Act, U.S. privacy laws, and Australia's Privacy Act 1988.

Users are responsible for ensuring that any Customer Data they collect and upload to the Platform complies with these laws.

Detailed information with regard to the privacy policy is available on the website at https://www.jimmyai.net/privacy-policy

Our use and transfer of data received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

8. Payment Terms

The Platform operates on a subscription-based model, with additional charges for third-party services, service add-ons, and “Done For You” services. By subscribing to or purchasing any services from the Platform, you agree to pay all applicable fees and charges in accordance with these Terms. Depending on the location and nature of the service provided, charges may be issued by either AWM Health Pty Ltd or Australian Web Marketing.

A. Platform Subscription Fees Your subscription grants you access to the core features of the Jimmy A.I. platform. The subscription fee is charged on a monthly or annual basis, depending on the plan selected during registration. You agree to pay all applicable subscription fees at the rates in effect when you subscribe or renew your subscription.

B. Third-Party Services and Add-ons. In addition to the base subscription fee, you may choose to integrate third-party services or purchase service add-ons through the Platform. These services may include, but are not limited to, email, phone, SMS, third-party applications, or AI-driven services. Any charges for these services will be billed separately and are subject to changes imposed by the third-party providers.

C. Done For You Services "Done For You" services, including but not limited to account setup, campaign creation, web page building social media management or other hands-on assistance, are available for an additional fee. These services are tailored to your specific needs and priced accordingly.

Pricing Changes and Updates

We reserve the right to update pricing for

"Done For You" services, third-party integrations , or other add-ons that are impacted by third-party service costs. This includes, but is not limited to, changes in fees for email, phone, SMS, third-party apps, or AI services.

Notice of Pricing Changes: For these services, we will provide you with at least 24 hours' notice of any price changes via email or in-app notifications.

Bundled Services:

We may also choose to separate services currently bundled into the subscription and charge them as add-ons. Any such changes will also be communicated in advance.

Subscription Fee Adjustments

We reserve the right to modify the Platform’s monthly or annual subscription fees. Any changes to subscription pricing will be communicated to you with a minimum of 30 days' notice prior to the next billing cycle. You may choose to continue using the Platform at the revised pricing or cancel your subscription in accordance with our cancellation policy. Payment Authorization and Processing

You authorize us to charge your designated payment method for all applicable fees and services. If payment fails, we reserve the right to suspend or terminate your account until payment is received.

Non-Refundable Payments

All payments, including subscription fees, third-party service fees, and charges for "Done For You" services, are non-refundable unless otherwise required by law or specifically stated in these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, AWM Health Pty Ltd and Australian Web Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, business interruption, loss of data, or reputational harm arising out of your use or inability to use the Platform.

Our liability under these Terms is limited to the amount you have paid for the use of the Platform within the twelve months preceding the incident that gave rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless AWM Health Pty Ltd, Australian Web Marketing, their Affiliates, Directors, Employees, and Agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

11. Intellectual Property

All intellectual property rights related to the Platform, including software, designs, logos, and content, are the property of AWM Health Pty Ltd, Australian Web Marketing, or our licensors.

You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purposes. You may not reproduce, distribute, or create derivative works of any part of the Platform without our express written permission.

12. Termination

We may suspend or terminate your access to the Platform at any time if you violate these Terms, engage in fraudulent or illegal activities, or fail to pay fees owed to us.

You may terminate your subscription by providing 14 days' notice before the next subscription payment date.

This notice period allows us to cancel payment authorizations, finalize billing for services and add-ons, and ensure you have sufficient time to download and secure any data you have stored within the system. Failure to provide sufficient notice may result in additional charges for the upcoming subscription period.

Upon termination, your access to the Platform will be immediately revoked after the end of your subscription period, and we will delete or disable your Customer Data within a reasonable period.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia.

Any disputes arising from or related to these Terms shall be resolved in the courts of Queensland, Australia.

14. Amendments

We reserve the right to update or modify these Terms at any time. Any changes will be effective when posted on the Website or communicated to you directly. Your continued use of the Platform following the posting of revised Terms constitutes acceptance of the updated Terms.

15. Contact Information

For any questions or concerns regarding these Terms, you can reach us at:

Email:

support@awmhealth.com.au

Postal Address: 238 The Esplanade, Miami, QLD 4220, Australia

Phone: +61 0481 612 104