These Terms of Service ("Terms") govern your access to and use of Heardr AI, operated by SmartLife AU (ABN 26 103 403 893), a sole trader business registered in Australia ("we", "us" or "SmartLife AU").
By accessing or using Heardr AI at heardr.com.au or any related applications (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
These Terms are governed by the laws of Victoria, Australia.
Heardr AI is an AI-powered comment analysis tool that allows users to upload screenshots or paste text from social media comment sections (including YouTube, Reddit, TikTok, Instagram, and news platforms) and receive an AI-generated sentiment analysis report.
You must be at least 18 years of age to use the Service. By using Heardr AI you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@smartlifeau.com if you suspect any unauthorised use of your account.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
You retain ownership of any content you submit to the Service, including text and images. By submitting content, you grant SmartLife AU a limited, non-exclusive licence to process that content solely for the purpose of providing the analysis Service to you.
You are solely responsible for the content you submit. You represent and warrant that you have the right to submit such content and that doing so does not violate any third party's rights, including intellectual property rights and privacy rights.
When you submit screenshots or text containing third-party comments, you take responsibility for ensuring your use of that content complies with the terms of service of the originating platform (e.g. YouTube, Reddit, TikTok) and applicable copyright and privacy laws.
The Heardr AI name, logo, website design, software, and all other content created by SmartLife AU are the intellectual property of SmartLife AU and are protected by Australian copyright law and applicable international agreements.
Nothing in these Terms grants you any right to use the Heardr AI or SmartLife AU name, logo or other brand elements without our prior written consent.
Heardr AI is currently available on a free basis. We reserve the right to introduce paid subscription plans in the future with reasonable notice to users.
Where paid plans are introduced, the following terms will apply:
Our refund policy complies with the Australian Consumer Law (ACL). You are entitled to a refund if the Service is not fit for purpose, does not match its description, or has a major failure. We will assess refund requests on a case-by-case basis and respond within 10 business days.
To request a refund, contact us at: hello@smartlifeau.com
To the maximum extent permitted by Australian law, the Service is provided "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
Nothing in these Terms limits rights you have under the Australian Consumer Law that cannot be excluded by agreement.
To the maximum extent permitted by law, SmartLife AU's total liability to you for any claim arising from or relating to these Terms or the Service shall not exceed the total amount paid by you to SmartLife AU in the 12 months preceding the claim (or AUD $50 if no payment has been made).
In no event shall SmartLife AU be liable for:
Australian Consumer Law may grant you rights that cannot be excluded, restricted or modified by these Terms. These Terms do not exclude any rights you may have under the ACL.
You agree to indemnify and hold harmless SmartLife AU from and against any claims, liabilities, damages, losses and expenses, including legal fees, arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) content you submit to the Service.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or for any other reason in our reasonable discretion.
You may stop using the Service at any time. If you have a paid subscription, cancellation takes effect at the end of the current billing period.
Upon termination, all licences granted to you under these Terms cease immediately.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
We may update these Terms from time to time. We will notify you of material changes by posting a notice on our website or by emailing registered users at least 14 days before the changes take effect. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any disputes.
Before commencing legal proceedings, you agree to first attempt to resolve any dispute by contacting us at hello@smartlifeau.com. We will make reasonable efforts to resolve disputes amicably within 30 days.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartLife AU regarding your use of the Service and supersede any prior agreements.
For any questions about these Terms of Service, please contact: