1. Acceptance of terms
By accessing or using TrueView ("the Service"), operated by Upstairs Agency ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
If you do not agree to these Terms, do not use the Service.
2. The service
TrueView is a competitor intelligence platform that analyses publicly available online information to help businesses understand their competitive landscape. The Service includes:
- Website analysis and business intelligence profiling
- Competitor identification and tracking
- Market segment mapping
- Ongoing monitoring across search, social media, advertising platforms and news sources
- Intelligence reports and a live dashboard
We reserve the right to modify, suspend or discontinue any part of the Service at any time with reasonable notice.
3. Accounts and registration
To use the Service you must create an account. You agree to:
- Provide accurate, current and complete information during registration
- Maintain the security of your password and account credentials
- Notify us immediately of any unauthorised access to your account
- Accept responsibility for all activity that occurs under your account
You must be at least 18 years old to create an account. Accounts may not be shared between individuals or transferred without our written consent.
4. Tokens, subscriptions and billing
Token system
The Service operates on a token-based credit system. Tokens are consumed when you perform actions including website extraction, competitor scans, report generation and AI analysis. Token costs are published in our pricing documentation and may be updated with 30 days' notice.
Free tokens
New accounts receive a free token allocation upon registration. Free tokens expire as stated at the time of issue and are non-transferable.
Paid subscriptions
Paid subscription plans are billed monthly in Australian dollars. Subscriptions automatically renew unless cancelled before the renewal date. We use a third-party payment processor and do not store your payment card details.
Refunds
Unused tokens from a subscription period are not carried over unless stated in your plan. We will provide refunds in accordance with the Australian Consumer Law where required.
Token deduction
Tokens are deducted only upon successful completion of a task. If a task fails due to a Service error, tokens will not be charged or will be refunded to your account.
5. Acceptable use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Monitor competitors for purposes of harassment, intimidation or unlawful interference with their business
- Collect, process or store sensitive personal information about individuals
- Circumvent, disable or interfere with security features of the Service
- Attempt to gain unauthorised access to any part of the Service or its infrastructure
- Use automated means to access the Service beyond normal use (scraping our platform)
- Resell or sublicense access to the Service without our written consent
- Use intelligence gathered through the Service to engage in anti-competitive conduct prohibited by Australian law
We reserve the right to suspend or terminate accounts that breach these provisions.
6. Your data and content
Your content
You retain ownership of any data, information or content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process and store it solely for the purpose of providing the Service to you.
Public data
The Service analyses publicly available information from websites, search engines, social media platforms and advertising networks. We do not access information that is not publicly accessible. You are responsible for ensuring your use of competitor intelligence gathered through the Service complies with applicable laws.
Data accuracy
Intelligence gathered by the Service is based on publicly available data and AI analysis. It may not be complete or accurate. You should independently verify material information before making business decisions.
7. Intellectual property
The TrueView platform, including its software, design, trademarks, logos and content (excluding Your Content), is owned by Upstairs Agency and is protected by Australian and international intellectual property laws.
We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes in accordance with these Terms. This licence does not include any right to sublicense, copy, modify or create derivative works.
8. Third party services
The Service integrates with third-party platforms including Ahrefs, Google, Meta and others ("Third Party Services"). Your use of Third Party Services is subject to their own terms and privacy policies. We are not responsible for the availability, accuracy or conduct of Third Party Services.
Data retrieved from Third Party Services through TrueView is subject to any use restrictions imposed by those platforms.
9. Disclaimers
To the extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement.
We do not warrant that the Service will be uninterrupted, error-free or free of viruses or other harmful components. Intelligence reports are informational only and do not constitute legal, financial or strategic advice.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law, including guarantees that cannot be excluded.
10. Limitation of liability
To the maximum extent permitted by law, Upstairs Agency and its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of, or inability to use, the Service.
Our total aggregate liability to you in connection with the Service will not exceed the amount paid by you in the 12 months preceding the claim.
These limitations do not apply to liability arising from death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under Australian Consumer Law.
11. Termination
You may cancel your account at any time through your account settings or by contacting us. Upon cancellation, your access to the Service will cease at the end of your current billing period.
We may suspend or terminate your account immediately if you breach these Terms, or with 30 days' notice for any other reason. Upon termination, we will make your data available for export for 30 days, after which it will be deleted.
12. Governing law
These Terms are governed by the laws of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia for any disputes arising under these Terms.
13. Changes to these terms
We may update these Terms from time to time. We will notify you of material changes by email or by a notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.