Terms of Service

1. The Service

MemorandumMaker is a software-as-a-service (SaaS) platform that enables business brokers and brokerages to create, edit, and export professional Information Memorandums (IMs) using AI-assisted content generation. Features include document creation, template selection, PDF and Word export, white-label branding, and team management.

2. Eligibility and Accounts

• You must be at least 18 years old and have the legal capacity to enter into a binding agreement.
• You must provide accurate and complete information when creating your account and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You may not share your account with others or create accounts on behalf of third parties without authorisation.
• You must notify us immediately at support@memorandummaker.com.au if you suspect any unauthorised access to your account.

3. Subscriptions and Payments

4. Cancellation

You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You retain access to the platform until the end of the paid period. We do not offer prorated refunds for cancellations mid-period, except where required by Australian Consumer Law.

5. Acceptable Use

You agree not to use MemorandumMaker to:

• Generate or distribute false, misleading, or fraudulent information about a business for sale.
• Violate any applicable laws, including the Australian Securities and Investments Commission Act 2001, the Competition and Consumer Act 2010, or any state-based legislation governing business sales.
• Infringe the intellectual property rights of any third party.
• Attempt to reverse-engineer, scrape, or extract the platform’s underlying code or AI models.
• Use automated means to access the platform other than through our supported APIs.
• Harass, harm, or interfere with other users.

We reserve the right to suspend or terminate accounts that violate these rules without notice and without refund.

6. Intellectual Property

7. AI-Generated Content Disclaimer

MemorandumMaker uses artificial intelligence to assist in drafting document content. AI-generated content may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing, editing, and verifying all content before distributing any Information Memorandum to potential buyers or other parties. MemorandumMaker does not provide financial, legal, or investment advice, and nothing generated by the platform should be construed as such. We strongly recommend that documents are reviewed by a qualified professional before distribution.

8. Limitation of Liability

To the maximum extent permitted by law:

• MemorandumMaker is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or accuracy of AI-generated content.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of or inability to use the platform.
• Our total aggregate liability to you for any claims arising under these Terms shall not exceed the total fees paid by you to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited by agreement.

9. Service Availability

We aim to provide a reliable service but do not guarantee uninterrupted access. The platform may be unavailable due to scheduled maintenance, technical failures, or circumstances beyond our control. We will endeavour to provide advance notice of planned outages where possible.

10. Termination

Either party may terminate the relationship at any time. You may terminate by cancelling your subscription and deleting your account. We may terminate or suspend your access immediately and without notice if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. Upon termination, your right to access the platform ceases immediately.

11. Privacy

Your use of MemorandumMaker is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or via a notice in the platform at least 14 days before they take effect. Your continued use of MemorandumMaker after the effective date constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under these Terms.

14. Contact

For questions about these Terms, please contact: