Openly Inclusive - making inclusivity simple

Terms of Service

1. Acceptance of Terms

By accessing or using Openly Inclusive ("the Platform", "our Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Openly Inclusive provides two main services:

  • For Venue Owners/Operators: Rapid and cost-effective accessibility assessments of buildings and facilities, resulting in detailed reports and optional public publishing of accessibility ratings.
  • For Accessibility Consultants: White-label assessment services with bulk credit pricing and DOCX/PDF report export for client delivery.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

3.2 Account Types

We offer two account types:

  • Venue Operator: Account for requesting and managing inclusivity assessments
  • Accessibility Consultant: Account for running assessments on behalf of clients, with bulk credit pricing and white-label branding

4. Assessment Services (For Venue Operators)

4.1 Service Description

Our rapid assessment service analyzes uploaded photos and documents to evaluate accessibility across multiple disability categories. Results are provided in detailed PDF reports.

4.2 Accuracy and Limitations

While we strive for high accuracy in our assessments, they should not replace professional accessibility audits where required by law. The Platform provides information and recommendations but does not guarantee compliance with any specific regulations or standards. Assessment results are indicative only and may not reflect all accessibility barriers or features present at a venue.

4.3 Payment and Pricing

  • Assessment pricing is based on building size, complexity, and selected categories
  • Payment is required before assessment processing begins
  • Refunds are available only if we cannot complete the assessment as described
  • All prices are in Australian Dollars (AUD) unless otherwise stated

4.4 Privacy of Assessments

Your assessment reports remain private to your operator or consultant account. Openly Inclusive does not surface your results to a public-facing audience.

5. Assessment Results

Openly Inclusive uses a range of technologies, including AI and automation, to generate results from photos, videos, and documents provided by users. The platform does not host user-generated reviews or ratings.

6. Prohibited Activities

6.1 Automated Access and Scraping

You agree NOT to, and will not permit any third party to:

  • Use bots, crawlers, scrapers, spiders, or other automated means to access, collect, harvest, or download content from the Platform
  • Circumvent, disable, or interfere with security features of the Platform, including rate limiting, authentication, or access controls
  • Collect, harvest, or store personal information of other users, including reviewer identities or contact information
  • Access our services through any automated means that sends more requests than a human could reasonably produce in the same time period
  • Use the Platform's data to train machine learning or artificial intelligence models without explicit written authorization
  • Mirror, frame, or otherwise reproduce any portion of the Platform on another website or service

6.2 Data Use Restrictions

Content on the Platform, including assessment results and venue data:

  • May not be copied, reproduced, republished, or redistributed in bulk without our prior written consent
  • May not be sold, licensed, sublicensed, or otherwise commercialized
  • May not be used to create competing products, services, or databases
  • Remains the property of Openly Inclusive

6.3 Reverse Engineering

You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, data structures, or proprietary methods from the Platform or its services.

6.4 Enforcement

Violation of these restrictions may result in immediate account termination, IP address blocking, and legal action including claims for damages, injunctive relief, and recovery of legal costs. We actively monitor for violations and reserve all rights to pursue remedies under applicable law.

7. Platform Role

Openly Inclusive provides assessment results to users using technologies, such as AI and automation. Features identified in an assessment may change between assessment dates due to maintenance, renovation, temporary equipment, or other factors outside our control. Openly Inclusive does not warrant that any specific features will meet any individual's needs, and is not responsible for the operational state of any venue between assessment dates.

8. Indemnification

You agree to indemnify, defend, and hold harmless Openly Inclusive, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • Your use of the Platform
  • Your violation of these Terms of Service
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property, privacy, or defamation claims
  • Any content you submit, post, or transmit through the Platform
  • Any claim by a third party related to information you provide during assessments

This indemnification obligation will survive termination of your account and these Terms.

9. Intellectual Property

9.1 Platform Ownership

The Platform, including its design, features, and content (excluding user-generated content), is owned by Openly Inclusive and protected by copyright and other intellectual property laws.

9.2 Trademarks

"Openly Inclusive", our logo, and related marks are trademarks. You may not use them without our express written permission.

9.3 User Content Ownership

You retain ownership of content you submit to the Platform. By submitting content, you grant us the license described in Section 5.1, but you remain the owner of your original content.

10. Privacy and Data Protection

We take your privacy seriously. Our collection and use of personal information is governed by our Privacy Policy, which complies with:

  • Australian Privacy Principles (APPs)
  • General Data Protection Regulation (GDPR) where applicable
  • Other relevant data protection laws

11. Accessibility and Inclusion

11.1 Platform Accessibility

We are committed to making our Platform accessible to all users, including those with disabilities. We follow WCAG 2.1 AA guidelines and continuously work to improve accessibility.

11.2 Accessibility Feedback

If you encounter accessibility barriers on our Platform, please contact us.

12. Disclaimers and Limitations of Liability

12.1 No Warranties

The Platform, including all assessments, reports, reviews, ratings, and recommendations, is provided "as is" without warranties of any kind. We make no warranties regarding accuracy, completeness, reliability, suitability, or fitness for any particular purpose.

12.2 No Liability for Decisions

Openly Inclusive accepts no liability whatsoever for any decisions, actions, or changes you make based on information from the Platform, including but not limited to:

  • Decisions to modify, renovate, or alter any property based on assessment reports or recommendations
  • Business decisions made in reliance on accessibility ratings or scores
  • Actions taken based on user reviews or community content
  • Any consequences arising from implementing or not implementing suggested accessibility improvements

You are solely responsible for evaluating and verifying any information before acting on it.

12.3 Exclusion of Liability

To the maximum extent permitted by law and subject only to Section 12.4, Openly Inclusive excludes all liability for any loss, damage, cost, or expense of any kind arising from or in connection with the Platform, including user-generated content, assessment reports, and recommendations.

12.4 Statutory Rights

For paid services only (such as venue assessments), nothing in these Terms excludes consumer guarantee rights under the Australian Consumer Law that cannot be excluded by agreement. Free features of the Platform, including browsing venues and community reviews, are not subject to consumer guarantees.

Nothing in these Terms affects your rights under the Privacy Act 1988 (Cth) or limits our obligations regarding the handling of your personal information.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us to attempt to resolve any dispute informally. We will endeavour to resolve disputes within thirty (30) days of receiving your written complaint.

13.2 Mediation

If informal resolution is unsuccessful, either party may refer the dispute to mediation administered by the Resolution Institute (formerly LEADR & IAMA) or another mutually agreed mediator in Queensland, Australia. The costs of mediation shall be shared equally unless otherwise agreed.

13.3 Litigation

If mediation is unsuccessful or inappropriate given the nature of the dispute, either party may commence legal proceedings in the courts of Queensland, Australia. You consent to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us.

14.2 Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent or illegal activity
  • Harm or threaten to harm other users
  • Misuse the Platform in any way

14.3 Effect of Termination

Upon termination, your right to access the Platform ends. We may delete your personal information as described in our Privacy Policy, but anonymized contributions may remain to preserve community value.

15. Changes to Terms

We may update these Terms from time to time. We will notify users of significant changes via email or Platform notification. Continued use of the Platform after changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia.

17. Contact Information

For questions about these Terms, please contact us via www.openlyinclusive.org.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Openly Inclusive regarding the Platform and supersede all prior agreements and understandings.

Last Updated: January 2026

By using Openly Inclusive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.