Terms of Use

These Terms of Use (“Terms”) apply to your use of thevisibleos.com (the “Site”) and the products and services offered through it, including the Visible Test, the Visible Audit, and any related diagnostic, advisory, or strategic services (collectively, the “Services”).

The Services are provided by VSBL Pty Ltd (ACN 163 187 559 / ABN 68 115 392 660), trading as Visible Online Marketing (“VSBL”, “Visible”, “we”, “our”, “us”).

By using the Site, submitting the Visible Test, or engaging us for a Visible Audit, workshop, consulting session or related Service, you (“Client”, “you”, “your”) agree to these Terms and to our Privacy Policy.

In these Terms:

• Visible OS means the diagnostic and strategy platform operated by VSBL at thevisibleos.com.
• Visible Test means the free 10-question diagnostic available at thevisibleos.com/test, which produces a Visibility Score, a Visible Archetype, and a Visible Stage.
• Visible Audit means the paid, advisor-led deeper diagnostic that combines the Visible Test result with internal and external review.
• Workshops means any workshop, sprint, live session, group programme, consulting engagement, strategy session, training event or similar service delivered by VSBL, whether online or in person.
• Commercial Terms means the specific agreed pricing, inclusions and scope set out in any proposal, order form or registration page.
• Client Data includes any data, content, personal information or materials supplied by the Client or collected on their behalf.
• Third-Party Services include systems such as Google, Meta, LinkedIn, TikTok, Vercel, Supabase, Resend, Cloudflare, Stripe and any external platform.

A binding agreement is formed when:

• You sign a Commercial Terms document; or
• You accept a proposal in writing or electronically; or
• You commence using the Services; or
• You make your first payment for a paid Service.

For the free Visible Test, your agreement to these Terms is formed when you submit the test form. You warrant that you have independently assessed your business needs before engaging us and are not relying on any representation outside this Agreement.

The Visible Test is a free, indicative self-assessment. The Visibility Score, Visible Archetype, Visible Stage, and any associated commentary or recommendations are educational and indicative only. They are not a substitute for professional advice and do not guarantee any outcome.

By submitting the Visible Test you authorise us to send you the results to the email address you provide and to contact you about your result and related services. You can unsubscribe from marketing communications at any time.

The Visible Audit and other paid Services (including Workshops, sprints, consulting sessions and advisory engagements) are subject to the Commercial Terms agreed for each engagement. Where Commercial Terms are silent, these Terms apply.

Payment terms, deliverables, and timelines are as set out in your Commercial Terms. Project deposits and amounts paid are non-refundable except as required by Australian Consumer Law.

6.1 Scope. This clause applies to all Workshops delivered by VSBL.

6.2 No refunds (unless expressly stated). Unless otherwise expressly stated in the applicable landing page, proposal, order form or workshop-specific terms:

• Workshop fees are strictly non-refundable;
• Failure to attend a Workshop — including no-shows, late arrival, early departure, or technical issues experienced by the Client — does not entitle the Client to a refund, credit, or reschedule;
• Upon purchase, a seat is reserved and capacity may be limited.

Where a specific guarantee, refund policy or credit arrangement is offered, it will apply only to that Workshop and only in accordance with the terms expressly stated in the relevant promotional or registration materials.

6.3 Recordings & materials. Where recordings, replays or materials are provided, access is provided for convenience only and does not replace live participation. Access may be time-limited, subject to revocation, or unavailable due to technical issues, content sensitivity, or other reasons. All materials are for the Client’s personal use only and must not be shared, reproduced, distributed or published without prior written consent.

6.4 No guarantees of outcomes. Workshops provide education, frameworks, guidance and strategic insight only. VSBL does not guarantee any specific outcome, result, revenue, lead volume, ranking, conversion rate or business performance arising from participation. Implementation, execution and results remain the sole responsibility of the Client.

6.5 Conduct & removal. VSBL reserves the right to remove any participant from a Workshop (without refund) where the participant’s behaviour is disruptive, inappropriate, unlawful, or reasonably considered to negatively impact other participants or the delivery of the Workshop.

6.6 Australian Consumer Law. Nothing in this clause or these Terms excludes, restricts or modifies any rights the Client may have under the Australian Consumer Law that cannot be excluded by law.

6.7 Coaching & advisory disclaimer. The Client acknowledges that any coaching, consulting, mentoring or advisory services provided by VSBL are educational and strategic in nature only. VSBL does not provide legal, financial, accounting, tax, medical, psychological or therapeutic advice, and nothing provided during a Workshop, consulting engagement or coaching programme should be relied upon as such. The Client remains solely responsible for all business decisions, actions taken, and outcomes achieved.

The Client must:

• Provide accurate and lawful data when completing the Visible Test or any Audit-related input;
• Maintain compliance with the Privacy Act 1988 (Cth) for any personal information they submit;
• Not misuse the Services or attempt to circumvent any access or rate limits;
• Not engage in spam, unlawful messaging, phishing or other prohibited activity through any contact channel arising from the Services.

The Site and Services rely on Third-Party Services including Google (analytics, advertising), Meta, LinkedIn, Vercel (hosting), Supabase (database), Resend (email), Stripe (where applicable), and others.

VSBL is not liable for:

• Outages, downtime or service interruptions of any Third-Party Service;
• Algorithm or policy changes by any Third-Party Service;
• Updates, bugs or disruptions to any Third-Party Service;
• Loss of performance, ranking, deliverability or marketing results caused by external changes;
• Discontinuation or feature removal by any Third-Party Service.

The Client remains solely responsible for compliance with the policies of all Third-Party Services they use.

9.1 The Client warrants that all content they provide is legally owned or licensed, and indemnifies VSBL for any claims arising from unauthorised use.

9.2 Except for Client Data, all intellectual property created, developed or owned by VSBL remains the exclusive property of VSBL, including:

• The Visible OS framework, including the three lenses (Clarity, Authority, Leverage), the nine archetypes, the four Visible Stages, scoring algorithms and interpretation copy;
• Templates, frameworks, models, workshop materials and processes;
• Audit and Blueprint deliverable structures;
• Strategy documents, AI prompts, and any code or systems built by VSBL.

9.3 VSBL grants the Client a limited, non-transferable licence to use any deliverables produced for them only while all fees are paid and the Agreement remains active.

9.4 No IP rights transfer until full payment is received.

9.5 VSBL may showcase Client logos, results or anonymised case studies for promotional purposes unless the Client objects in writing.

Both parties must keep confidential all non-public information disclosed during the engagement, except for information already in the public domain or required by law to be disclosed.

11.1 To the extent permitted by law, VSBL’s total liability arising out of or in connection with the Services is limited to the amount paid by the Client in the preceding 3 months.

11.2 VSBL is not liable for:

• Indirect, consequential, special or economic loss;
• Loss of profit, opportunity or goodwill;
• Errors arising from Third-Party Services;
• Client misuse, misconfiguration, or unauthorised access;
• Delays caused by Client inaction;
• Changes made by the Client or external parties to any setup completed by VSBL.

11.3 The Client indemnifies VSBL against all claims, losses, damages or costs arising from breach of these Terms, misuse of the Site or Services, illegal or harmful content, or negligence or misconduct by the Client.

12.1 Engagement-specific contracts terminate in accordance with their Commercial Terms.

12.2 VSBL may terminate any engagement immediately for:

• Illegal, unethical or harmful activity;
• Non-payment;
• Reputational risk;
• Serious or repeated breach of these Terms.

12.3 Upon termination, work ceases immediately unless otherwise agreed, all fees owed remain payable, and IP rights remain with VSBL until fully paid.

VSBL complies with the Privacy Act 1988 (Cth). The collection, use and protection of your personal information are described in our Privacy Policy, which forms part of these Terms.

Parties must attempt to resolve disputes through good-faith negotiation. If unresolved, the parties agree to mediation in Western Australia before commencing court proceedings. This Agreement is governed by the laws of Western Australia.

15.1 If any clause of these Terms is unenforceable, the remainder remains in force.

15.2 Variations must be in writing and signed by both parties.

15.3 These Terms, together with any Commercial Terms and the Privacy Policy, constitute the entire agreement between the parties.

For questions about these Terms or any VSBL service, contact us at:

VSBL Pty Ltd trading as Visible Online Marketing
ACN 163 187 559 / ABN 68 115 392 660
General: hello@thevisibleos.com
Support: help@thevisibleos.com