Last updated: 12 August 2025

These Terms of Service (“Terms”) govern your access to and use of the website https://alere.agency/ and the services provided by Alere Pty Limited (“Company,” “we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

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Alere Pty Limited

By opting in, you agree to receive SMS messages from Alere Pty Limited related to follow-ups, appointment confirmations, service updates, business communications, and customer engagement services.

You can cancel the SMS service at any time. Just text STOP to +1 424-380-6485. After you send the SMS message 'STOP' to us, we will send you a confirmation message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, simply opt in as you did the first time and we will resume sending SMS messages.

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can contact us directly at [email protected].

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies but typically does not exceed 1–5 messages per week. For questions about your text or data plan, please contact your wireless provider.

If you have any questions regarding privacy, please review our Privacy Policy here: https://alere.agency/contact-us-9594-993298

1. Services

The Company provides automation, artificial intelligence-powered systems, marketing, consulting, and related services (“Services”).

We may update, modify, suspend, or discontinue any aspect of the Services at our discretion.

2. Eligibility

You must be at least 18 years old and have legal authority to enter into binding contracts to use our Services. By using the Services, you represent that you meet these requirements.

3. Account Access and Responsibilities

If you are granted access to platforms, software, dashboards, or third-party tools:

- You are responsible for maintaining confidentiality of login credentials

- You are responsible for all activity under your account

- You agree not to share access without written authorization

We are not liable for unauthorized access caused by your failure to secure credentials.

4. Client Obligations

The Client agrees to the following obligations as a condition of using the Services:

You agree to:

- Provide accurate and complete information

- Maintain legal rights to all data, leads, and content you supply

- Comply with all applicable laws (including marketing, privacy, and telecom regulations)

- Cooperate reasonably during onboarding and service delivery

Failure to comply may result in suspension or termination of Services.

4.1 Lawful Data Ownership and Consent

The Client represents and warrants that all data, leads, contact information, and records provided to the Company:

- Were collected lawfully

- Are owned or controlled by the Client

- Were obtained with valid, documented, and auditable consent

- May be lawfully used for the intended communications, including SMS, MMS, voice calls, email, and automated outreach

- The Client expressly agrees that it will only provide compliant data and will not supply purchased, scraped, rented, third-party, or otherwise non-consensual data unless explicitly permitted by applicable law.

4.2 TCPA and SMS Explicit Consent

Where the Services involve SMS, MMS, voice calls, or automated messaging, the Client represents and warrants that it has obtained prior express consent from each recipient, as required under:

- The Telephone Consumer Protection Act (TCPA)

- FCC regulations

- State-level telemarketing and privacy laws

- Carrier (A2P) compliance requirements

Such consent must:

- Clearly authorize automated and/or AI-assisted communications

- Include consent to receive messages from the Client (and its service providers)

- Not be a condition of purchase unless permitted by law

- Be properly documented and retained by the Client

- The Client acknowledges that the Company does not collect consent on the Client’s behalf unless explicitly agreed to in writing.

5. Compliance and Lawful Use

You agree not to use the Services for:

- Spam, fraud, or deceptive practices

- Illegal marketing, robocalling, or unauthorized SMS/email outreach

- Violations of TCPA, CAN-SPAM, GDPR, CCPA, or similar laws

- Harassment, abuse, or misleading representations

You are solely responsible for ensuring your use of the Services complies with all applicable regulations.

7. Fees and Payments

Fees, revenue shares, commissions, or payment terms will be outlined in a separate written agreement, proposal, or order form.

Unless otherwise stated:

- All fees are non-refundable

- Late payments may result in suspension of Services

- Taxes are the responsibility of the client

8. Intellectual Property

All intellectual property related to the Services, including software, automation logic, workflows, documentation, and content, remains the exclusive property of the Company unless otherwise agreed in writing.

You are granted a limited, non-exclusive, non-transferable license to use the Services during the term of engagement.

9. Client Data and Content

You retain ownership of your data. By using the Services, you grant the Company a limited license to access, process, and use your data solely for providing the Services.

You represent that you have lawful rights and consent to provide such data.

10. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or financial information disclosed during the engagement.

This obligation survives termination of the Services.

11. Third-Party Tools and Platforms

The Services may integrate with third-party platforms (e.g., CRMs, SMS providers, email services, analytics tools).

We are not responsible for:

- Third-party outages or failures

- Changes in third-party pricing or policies

- Data loss caused by third-party systems

- Use of third-party tools is subject to their respective terms.

12. Termination

We may suspend or terminate Services immediately if:

- You violate these Terms

- You engage in unlawful or abusive behavior

- Continued service poses legal or reputational risk

- You may terminate by providing written notice as outlined in your agreement.

Upon termination, access to Services may be revoked immediately.

13. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.”

We disclaim all warranties, including:

- Merchantability

- Fitness for a particular purpose

- Accuracy or reliability of results

We do not warrant that the Services will be uninterrupted or error-free.

14. Limitation of Liability

To the maximum extent permitted by law:

- The Company shall not be liable for indirect, incidental, or consequential damages

- Total liability shall not exceed the fees paid to the Company in the three (3) months preceding the claim

15. Indemnification

You agree to indemnify and hold harmless the Company from claims, damages, losses, or expenses arising from:

- Your use of the Services

- Violation of laws or regulations

- Infringement of third-party rights

15A. Regulatory, Compliance, and Third-Party Disputes

The Client acknowledges and agrees that:

- The Company does not provide legal, regulatory, or compliance advice.

- The Company does not determine the legality of the Client’s marketing, outreach, messaging, or use of data.

- Any legal disputes, regulatory actions, fines, penalties, claims, or investigations arising from the Client’s use of the Services - including but not limited to TCPA, carrier enforcement, privacy laws, or consumer claims - are the sole responsibility of the Client.

The Company shall not be liable for:

- Claims brought by third parties contacted by or on behalf of the Client

- Regulatory enforcement actions

- Carrier suspensions or shutdowns

- Financial losses resulting from compliance failures

- This Section survives termination of the Services.

16. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Australia and the United States, without regard to conflict-of-law principles.

17. Force Majeure

We are not liable for delays or failures caused by events beyond reasonable control, including natural disasters, outages, labor disputes, or government actions.

18. Modifications

We may update these Terms at any time. Continued use of the Services after updates constitutes acceptance of the revised Terms.

19. Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

20. Contact Information

For questions regarding these Terms, contact:

Alere Pty Limited
Email: [email protected]