Website Terms & Conditions of Use: NAB Exclusive Offer Edition

Amplifyo Website Terms & Conditions of Use: National Australia Bank (NAB) Exclusive Offer Edition

About the Website

(a) Welcome to www.amplifyo.com inclusive of the web-based application (Website). The Website allows you to access and use the Amplifyo (Services).

(b) The Website is operated by Amplifyo Pty Ltd, ACN/ABN 677949290 and Amplifyo Inc. (Amplifyo). Access to and use of the Website, or any of its associated products or Services, is provided by Amplifyo. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Amplifyo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Amplifyo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any immaterial changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. When price changes or material changes are a part of the Terms updates, we will ensure you are provided with reasonable notice (7-30 days).

Acceptance of the Terms

You accept the Terms by remaining on the Website and when you log into your account and use the software you become a Subscription holder (Member) all associated users under your Subscription are also represented here as the Member. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

About the Service

(a) Amplifyo is a web-based multi-channel marketing guide & planner for businesses.

(b) Subscription, Marketing Advisor Sessions, Coaching, Workshops, and Channel and Strategic Partner (Partner) Membership accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

(c) Marketing Specialist Support provided in higher-tier plans is for advisory and educational purposes only. Amplifyo does not guarantee specific business outcomes, and the Member retains full responsibility for the legal compliance and execution of all marketing activities based on this advice.

(d) Some accounts may be governed by a separate Software Licensing Agreement with Amplifyo, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

Acceptable use of the Service

(a) Amplifyo, its related features, and website must only be used lawfully. Amplifyo reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

(i) To engage in any act that would disrupt the access, availability, and security of Amplifyo and other Amplifyo services, including but not limited to:

(A) Tampering with, reverse-engineering, or hacking our servers.

(B) Modifying, disabling, or compromising the performance of Amplifyo or other Amplifyo services.

(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.

(D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Amplifyo.

(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

(c) To stalk, harass or threaten users and any member of the public.

(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Amplifyo or any third party.

(e) To access or search any part of the Service, or any other Service owned by Amplifyo other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(f) To post, upload, share, or otherwise circulate content in violation of Amplifyo’s content policy.

Security and Data Privacy

Amplifyo takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Amplifyo’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Amplifyo’s processes, policies, and obligations in respect of Amplifyo security breaches.

Data Use & AI

(a) Generative AI Architecture. Amplifyo utilizes a Retrieval-Augmented Generation (RAG) architecture. This means the Service uses Member data to provide contextually relevant outputs. Member data is processed within Amplifyo’s secure environment or via Zero-Retention commercial APIs. Amplifyo does not train foundational third-party LLMs with your data.

(b) No Third-Party Training. Amplifyo warrants that it does not permit its third-party LLM providers (e.g., OpenAI, Gemini) to use Member data to train, improve, or refine their foundational models. Your proprietary business inputs remain yours and are not fed back into global public AI models.

(c) Internal Refinement & Orchestration. Amplifyo may use de-identified metadata (e.g., feature usage patterns, latency, and success rates of RAG retrievals) to improve its internal orchestration logic. This process does not involve the use of raw, identifiable Member data for the training of any global or shared models.

(d) Human-in-the-Loop & Decision Support. All AI-generated insights are provided as Decision Support only. Member retains ultimate control, discretion, and responsibility for the implementation and consequences of any Output. Amplifyo’s AI is a Developer-side tool designed solely for marketing guidance. It is not intended to be used for ‘consequential decisions’ (as defined by the Colorado AI Act) such as employment, or credit evaluations.

(e) Accuracy Disclaimer. Member acknowledges that AI-generated outputs may occasionally contain inaccuracies and agrees to verify all critical outputs before implementation.

(f) Correction of Personal Data. If you believe the Service has processed incorrect personal information to generate an Output, you have the right to correct that data within your account settings or by contacting support to ensure future accuracy.

(g) Right to Explanation & Human Review. If an AI-generated insight results in an adverse business outcome, you may request a plain-language explanation of how the system arrived at that result. Amplifyo will provide a pathway for human review of the logic used by the Service in these instances, to the extent commercially reasonable.

(h) Algorithmic Discrimination. Amplifyo is committed to Reasonable Care in preventing algorithmic discrimination. Amplifyo acts as a Developer under the Colorado AI Act and maintains a Duty of Reasonable Care to protect Members from foreseeable risks of algorithmic discrimination.

Subscription to use the Service

(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). This may include marketing sessions, coaching sessions, and workshops, if nominated. Standard subscriptions (this excludes Partner subscriptions) include a 7-day free trial period for the software only.

After the 7-day free trial period, your selected Subscription will automatically convert to a paid monthly subscription, and your nominated payment method will be charged the applicable Subscription Fee unless cancelled at least 24 hours prior to the trial expiration. The exception to this is for Members who choose a Subscription other than the Amplifyo Base Subscription (that includes access to a Marketing Specialist) – if users under this Subscription opt to access a Marketing Specialist prior to the end of the 7-day free trial period, your nominated payment method will be charged the applicable Subscription Fee 24 hours prior to the agreed Marketing Specialist session.

You may cancel at any time through your Account settings using a ‘Click-to-Cancel’ mechanism that is as easy to use as the sign-up process. Purchase exception: For nominated early-access users the standard fee may be adjusted. Nominated early access users will also be considered a Member for the purposes of this Policy. After purchasing a Subscription, you will be considered a member (Member).

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(d) Subscriptions are limited to the number of User Seats specified in the chosen Plan. Additional seats requested mid-cycle will be charged on a pro-rata basis for the remainder of the Subscription Period.

(e) As part of the registration process, or as part of your continued use of the Services, you may you may be required to provide personal information about yourself (as defined in our Privacy Policy) and separate business data (such as marketing planning and business details). For Members accessing the Service via the NAB Exclusive Offer, no trial period exists due to the extensive discounting of the offer, and fee structures are outlined in Section 19 – they supersede standard trial terms.

(f) You warrant that any information you give to Amplifyo in the course of completing the registration process will always be accurate, correct and up to date.

(g) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(h) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Amplifyo; or

(ii) you are a person barred from receiving the Services under the laws of Australia or the United States of America, or other countries including the country in which you are resident or from which you use the Services.

Payments

(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(b) Payments made in the course of your use of Amplifyo may be made using third-party applications and services not owned, operated, or otherwise controlled by Amplifyo. You acknowledge and agree that Amplifyo will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Amplifyo services.

(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d) All Fees are exclusive of taxes unless otherwise stated. For Australian Members, GST will be applied. For US Members, applicable State Sales Tax will be calculated based on the Member’s billing address.

(e) You agree and acknowledge that Amplifyo can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription. When price changes occur, we will ensure you are provided with reasonable notice (7-30 days).

Refund Policy

(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service (for Members in any location globally), you are entitled to cancel your subscription and to a refund for the unused portion, or to compensation for its reduced value.

(b) Amplifyo will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Amplifyo makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Amplifyo are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and the United States of America, and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Amplifyo or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Amplifyo, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(i) use the Website pursuant to the Terms;

(c) Amplifyo does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Amplifyo.

(d) Amplifyo retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(e) You may not, without the prior written permission of Amplifyo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

(f) While Amplifyo grants Members a license to use AI-generated output (‘Amplify It’ content), Amplifyo makes no representation that such output is unique or eligible for copyright protection. Members are responsible for reviewing AI content for accuracy and non-infringement prior to publication.

General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) or US equivalent which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Amplifyo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Amplifyo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Amplifyo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Amplifyo; and

(iv) the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

(a) Amplifyo’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Amplifyo, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Amplifyo as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) cancelling your subscription / not renewing the Subscription prior to the end of the Subscription Renewal Period;

(ii) closing your accounts for all of the services which you use, where Amplifyo has made this option available to you.

(c) Any notices pursuant to the above should be sent, in writing, to Amplifyo within your Account via the Support Request message box.

(d) Amplifyo may at any time, terminate the Terms with you if:

(i) you do not renew the Subscription at the end of your specific Subscription Period;

(ii) you have breached any provision of the Terms or intend to breach any provision;

(iii) Amplifyo is required to do so by law;

(iv) the provision of the Services to you by Amplifyo is, in the opinion of Amplifyo, no longer commercially viable.

The NAB Exclusive Offer expires at 11:59pm AEDT on 7 October 2027

(e) Subject to local applicable laws, Amplifyo reserves the right to discontinue or cancel your Subscription or Account at any time, with notice, and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Amplifyo’s name or reputation or violates the rights of those of another party.

Indemnity

You agree, to the extent permissible by law, to indemnify and hold harmless Amplifyo, its affiliates, employees, directors, and agents from and against any third-party claims, liabilities, losses, costs, and expenses (including reasonable legal fees) to the extent arising out of or in connection with:

(i) your breach of these Terms;

(ii) your Content, including any claim that your Content infringes the intellectual property or privacy rights of a third party; or

(iii) your violation of any applicable law.

except to the extent that such claim arises from Amplifyo’s gross negligence, breach of these Terms, or wilful misconduct.

Dispute Resolution

15.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the selection of an accredited service provider from https://msb.org.au/msb-member-list;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Adelaide, Australia, or by mutual agreement via live video conferencing.

15.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

15.5. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Amplifyo Pty Ltd is intended to be viewed by residents of Australia, New Zealand, the United States of America, the United Kingdom, and Canada. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia. For Members located in the United States, disputes may be resolved in the state or federal courts of Colorado, at the election of the party initiating the dispute.

Governing Law

The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

NAB Exclusive Offer Terms (Program 1 & Program 2) 

(a) Eligibility and Activation: This Offer is exclusively for NAB Business customers who do not already have an Amplifyo account. To redeem, the subscription must be activated via the specific links provided on the offer page at https://amplifyo.com/resources/partner-program/nab-exclusive-growth-marketing-program-for-small-business-customers/

To be eligible to access this offer, you must:

(i) be an existing business customer of National Australia Bank Limited (NAB) at the time you access the offer;

(ii) select “Yes” to NAB Customer and enter your existing Australian Business Number registered with your NAB profile in the registration portal provided by Amplifyo Pty Ltd (Amplifyo); and (c) purchase a subscription with Amplifyo:

• Program 1 – Gearing for Growth: Must activate between 7 April 2026 and 7 October 2026 (inclusive).
• Program 2 – AI Solo: Must activate between 7 April 2026 and 7 October 2027 (inclusive).

(b) Offer Inclusions: program inclusions can be found at https://amplifyo.com/resources/partner-program/nab-exclusive-growth-marketing-program-for-small-business-customers/

• All activated subscriptions that fulfil the eligibility requirements during these dates will receive 12-months of Amplifyo platform access (for up to 3 team members), and Program 1 subscribers will also receive the inclusions noted in the Gearing for Growth table on this page.
• Your subscription cannot be transferred to another Amplifyo product.
• Is only available to subscribers who redeem this offer via the links on this page.
• After 12 months, Amplifyo’s then-current list price will apply.

This offer ends at 11.59pm AEDT on the 7^th of October 2027.

(d) Relationship Disclosure: Amplifyo is not a NAB entity, and NAB does not recommend or provide marketing advice through Amplifyo. Amplifyo is solely responsible for the Software, support, and service performance. NAB’s role is strictly limited to making the offer information available to eligible customers.