Terms of Service

1. Agreement and parties

These Terms of Service (“Terms”) are a legally binding agreement between you and Lever Data Solutions Limited, a company incorporated in Hong Kong trading as “Checkafy” (“Checkafy”, “we”, “our” or “us”), with its registered office at Unit 231, 2/F, Building 16W, Hong Kong Science Park, Pak Shek Kok, Hong Kong.

They govern your access to and use of the Checkafy website (www.checkafy.com) and our products, Checkafy and Debrief (trydebrief.ai), described in section 3 (together, the “Services”). By accessing or using the Services, or by accepting these Terms electronically, you agree to them. If you do not agree, do not use the Services.

“You” means the company or other organisation on whose behalf the Services are used, and you confirm that the individual accepting these Terms is authorised to bind it. Where you and Checkafy have signed an order form, statement of work or subscription agreement (a “Customer Agreement”), the Customer Agreement prevails over these Terms to the extent of any conflict.

Our Privacy Policy explains how we handle personal data.

2. Business use only

• The Services are offered only to businesses, including brands, retailers, distributors and agencies, for use in the course of their trade. They are not offered to consumers, and you confirm that you are acquiring them for business purposes and not for personal, domestic or household use
• Individuals using the Services must be at least 18 years old and use them only on behalf of their organisation
• Some consumer-protection laws apply to business customers and cannot be excluded by contract. Section 16 explains how these Terms interact with them

3. The Services

We provide two products:

• Checkafy: retail data as a service. We collect publicly available product listing data from retailer and marketplace websites (for example product details, prices and promotions, stock status, sales counts, ratings and reviews, and marketplace seller names and ratings), match products across retailers using automated processes, and deliver the data in three layers: the Base Report Layer (structured, recurring data reports), the Dashboard Layer (dashboards) and the Chat BI Layer (a natural-language chat for querying the collected data; see section 11)
• Debrief: an AI market research agent. It sends consumer-style questions about your brand, category, products and competitors to third-party AI models with live web search, analyses their answers and produces a report on how those models mention and describe your brand and its competitors (see section 12)

The scope of your subscription (for example users, SKUs, retailers, markets or Debrief prompts) is set out in your plan or Customer Agreement.

We may change, suspend or discontinue any part of the Services, or introduce new features (including features labelled beta, preview, pilot or “coming soon”), at any time. We will give reasonable notice of any change that materially reduces paid Services during a subscription term. Beta and pilot features are provided without any commitment as to availability, performance or continuation.

4. Accounts and access

• You must provide accurate, current and complete information when requesting a demo or access or registering, and keep it updated
• You are responsible for safeguarding credentials and for all activity under your account
• Notify us promptly at info@checkafy.com of any unauthorised use or security incident
• Access is limited to the named users, seats, SKUs, retailers, markets or Debrief prompts stated in your plan or Customer Agreement
• We may refuse, suspend or terminate access where we reasonably suspect a breach of these Terms, non-payment, unlawful use, or a risk to the Services, other customers or third parties

5. Fees and payment

• Fees are as stated in your Customer Agreement or, where none, as published on our pricing page at the time of order. Unless stated otherwise, fees are in US dollars. Published prices are indicative and may change on thirty (30) days’ notice; changes do not affect a subscription term already committed
• Invoices are payable within thirty (30) days unless otherwise agreed, in full and without set-off. Overdue amounts may bear interest at 2% per month or the maximum permitted by law, whichever is lower, and we may suspend the Services on notice until payment is received
• You bear your own bank, transfer and currency-conversion charges
• Fees are non-refundable except where expressly stated in a Customer Agreement or required by law
• Usage-based fees (for example, per monitored SKU or per Debrief prompt) are calculated from our records, which are conclusive absent manifest error. You may dispute an invoice in good faith by notifying us within fifteen (15) days of its date

6. Taxes

• All fees are exclusive of goods and services tax, value added tax, sales and service tax, consumption tax, digital services tax and any similar tax, duty or levy in any jurisdiction (“Taxes”). You are responsible for all Taxes other than taxes on our net income. Where we are required to collect Taxes, we will add them to the invoice
• Where a reverse-charge or self-assessment mechanism applies to your purchase, you will account for the Tax directly. Please give us your tax registration number and any exemption certificate before invoicing
• If you are required by law to withhold or deduct any Tax from a payment to us, you will pay such additional amount as ensures that we receive the full invoiced amount as if no withholding or deduction had been made. You will give us official receipts and reasonable help to claim any available tax-treaty relief or credit, and where treaty relief reduces or removes the withholding, the gross-up applies only to the amount actually withheld

7. Acceptable use

You must not, and must not permit any third party to:

• Use the Services or any data obtained through them unlawfully, including in breach of competition, consumer, data-protection, intellectual-property, anti-spam or sanctions laws
• Resell, sublicense, publish, redistribute or otherwise make Checkafy data available to third parties, except to your own affiliates and advisers for your internal business purposes, or as expressly permitted in a Customer Agreement (agencies may use data for the clients named in their Customer Agreement)
• Use the data to build, train or improve a competing product or dataset
• Scrape, crawl, bulk-download or extract data from the Services beyond the scope of your subscription, or circumvent rate limits or access controls
• Reverse engineer, decompile or attempt to derive source code, models, matching logic or algorithms, except to the extent the law expressly permits despite this restriction
• Attempt unauthorised access to the Services or related systems, introduce malicious code, or interfere with their operation
• Use the Services or any seller or review-author information to harass, threaten, defame, or unlawfully profile any person, or to contact individuals in breach of anti-spam or data-protection law

8. Competition law

• You must use the Services in compliance with the competition and antitrust laws of every market in which you operate, including Hong Kong’s Competition Ordinance, Australia’s Competition and Consumer Act 2010, Singapore’s Competition Act 2004, Japan’s Antimonopoly Act, Korea’s Monopoly Regulation and Fair Trade Act, New Zealand’s Commerce Act 1986, and the competition laws of mainland China, India and Southeast Asian markets, as applicable
• You must not use the Services or any Checkafy data to agree, coordinate or signal prices, discounts, margins, output or market allocation with competitors, or to exchange competitively sensitive information with them
• Price and promotion data in the Services is informational. It reports publicly observed prices. Resale price maintenance (requiring, inducing or pressuring resellers to sell at or above a minimum price) is prohibited or restricted in many Asia-Pacific jurisdictions, including Australia, Singapore, Japan, Korea and New Zealand. You are solely responsible for ensuring that any pricing policy you adopt, and any communication or action you take toward resellers based on the Services, is lawful where it applies
• We may suspend any use of the Services that we reasonably believe would breach competition law

9. Data sources and third-party content

• Checkafy data is derived from publicly accessible retailer and marketplace websites and from information you supply. Debrief reports are derived from the answers of third-party AI models (section 12). Both reflect their sources at the time of collection and may be incomplete, delayed, inconsistent between sources, or changed or removed by the source without notice
• Product names, brand names, retailer names, AI model names and logos appearing in the Services are the property of their respective owners. Checkafy is not affiliated with, endorsed by or sponsored by any retailer, marketplace, AI model provider or brand unless expressly stated
• We may modify, restrict or withdraw coverage of any source, channel, market or data field where required by law, at the request of a source owner, or for operational reasons. Where this materially reduces paid Services, we will work with you in good faith on a substitute or a proportionate fee adjustment
• Checkafy data may include the names and ratings of marketplace sellers and the names of review authors, some of which identify individuals. You must handle that information in line with applicable data-protection law and only for the purposes for which the Services provide it
• You are solely responsible for how you use Checkafy data and Debrief reports, including for any pricing, assortment, marketing or other decisions you make and for their compliance with applicable law in each market where you operate. The Services do not include taking action against any seller or listing on your behalf; any such action you take is your own decision and must comply with applicable law and the rules of the platform concerned

10. Automated and AI outputs; no advice

• Checkafy data, reports and dashboards, Chat BI answers and Debrief reports, and any scores, summaries or recommendations in them, are generated in whole or part by automated systems, including AI models, and are provided for information only. They are not legal, financial, investment, tax or other professional advice, and are not a substitute for your own judgement or independent verification
• Automated matching, classification, summarisation and analysis may contain errors, including AI-generated content that is inaccurate or incomplete. Historical data may be corrected or restated
• We do not guarantee any commercial result, including increases in revenue, margin, share, conversion, or search or AI-visibility ranking
• Nothing in the Services is a legal determination about any product, listing or seller. Checkafy is not a law firm and does not provide legal services

11. Chat BI (early access)

• The Chat BI Layer lets your users ask questions in natural language about the Checkafy data collected for you. It is an early-access feature, may not be available to every customer, and the terms in section 3 on beta and pilot features apply to it
• Chat BI answers are generated by AI. They may be inaccurate or incomplete, may misread a question, and may differ if the same question is asked again. Verify answers against the underlying reports or dashboards before relying on them

12. Debrief

You define a Debrief scope: for example your brand, category, products, markets, competitors and objective, with an optional brief and questions of your own. Debrief generates consumer-style questions from the scope, sends them with live web search to third-party AI models, analyses the answers and produces a report.

• Prompts. Debrief is billed in prompts. One prompt equals one question sent to every third-party AI model in your scope, including the analysis of its answers
• Free prompts. Your organisation’s first 25 prompts are free of charge. Free prompts are a trial: they are provided as-is, may be limited or withdrawn at any time, and carry no service commitment
• Plans. A monthly plan includes the number of prompts stated in your plan or Customer Agreement (the standard monthly plan includes 1,000 prompts a month). Enterprise plans, for example covering several brands or categories, are as agreed in a Customer Agreement
• Unused prompts. Prompts are valid for the monthly billing period in which they are issued. Unused prompts expire at the end of that period and do not roll over
• Third-party AI models. Debrief currently sends questions to OpenAI’s ChatGPT, Google’s Gemini, DeepSeek, Alibaba Cloud’s Qwen and ByteDance’s Doubao, some of them through the OpenRouter routing service, and uses AI models from Google and OpenAI (and, as a fallback or option, Amazon Web Services Bedrock and Microsoft Azure OpenAI) to analyse the answers. The full scope and brief go to Google and OpenAI; DeepSeek, Qwen and Doubao receive the generated questions and your own questions, which contain brand, product, competitor and market names. Some of these providers are in the United States and mainland China. You authorise us to send your Debrief content to these providers for this purpose. Our Privacy Policy lists them. We may change the models and providers we use
• AI output. Debrief reports are generated by AI and may be inaccurate, incomplete or out of date. The answers that third-party AI models give are outside our control, and running the same scope again can produce different answers and a different report. A report reflects the answers the models gave at the time of the run
• No outcome guarantee. We do not guarantee any visibility, ranking, mention, traffic or sales outcome, or that any action you take on a report will change how AI models describe your brand or products
• Your scope and brief. You are responsible for the content of your scope, brief and questions. You must have the right to use that content and to share it with us and our providers for this purpose, and it must not include personal data or confidential information belonging to a third party. Because it is sent to third-party AI providers, some of which process it under their own terms, do not include information you are not prepared to share with them
• API and agent access. Access to Debrief for in-house platforms and agents through an API is planned and not yet available. When offered, it will be governed by additional terms

13. Customer Content and data protection

• “Customer Content” means any data, files, lists (for example SKU, retailer or competitor lists), Debrief scopes, briefs and questions, instructions, text, images and other material you or your users submit to the Services or provide to us
• You retain ownership of Customer Content. You grant Checkafy a worldwide, non-exclusive, royalty-free licence to host, copy, process, analyse and display Customer Content to provide, secure and support the Services for you, and to use it in aggregated or de-identified form that does not identify you or any individual for analytics and product improvement
• You warrant that you own or have all necessary rights and consents in Customer Content, that it does not infringe any third-party right or law, and that any personal data in it has been collected and shared with us lawfully, including under any cross-border transfer rules that apply to you
• For personal data in Customer Content, we act as your processor (or data intermediary, or equivalent) and will process it only on your documented instructions, keep it confidential and secure, use only service providers bound by equivalent obligations, notify you without undue delay of a personal data breach, assist you with data-subject requests, and delete or return it at the end of the Services. A data processing agreement is available on request and, once signed, forms part of your Customer Agreement
• We may remove or refuse Customer Content that we reasonably believe breaches these Terms or the law, and we are not obliged to monitor Customer Content
• Any suggestions, ideas or feedback you provide about the Services may be used by Checkafy without restriction or compensation

14. Intellectual property

The Services, including all software, models, algorithms, matching logic, data compilations, databases, reports, dashboards, designs, text, graphics, logos and documentation, and all improvements to them, are owned by Checkafy or its licensors and are protected by copyright, trade-mark and other laws of Hong Kong and other jurisdictions. Our selection and arrangement of data is protected regardless of the public nature of the underlying source information.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence during your subscription to access and use the Services and the data delivered to you for your internal business purposes. All other rights are reserved.

15. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with the Services (including pricing, scopes, methodologies, Customer Content and unpublished data) and use it only to perform or receive the Services. This does not apply to information that is or becomes public through no fault of the recipient, was lawfully known to the recipient before disclosure, is independently developed, or must be disclosed by law, in which case the recipient will give prompt notice where permitted. This obligation survives for three (3) years after termination, and for trade secrets for as long as they remain trade secrets.

16. Warranties and non-excludable rights

The Services and all data, reports and deliverables are provided “as is” and “as available”. To the fullest extent permitted by applicable law, Checkafy and its licensors disclaim all warranties, conditions and representations, express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, timeliness and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, or that data will be accurate, complete, current or suitable for any decision.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or condition, that cannot lawfully be excluded, restricted or modified (“Non-Excludable Rights”). In particular:

• Australia. If the Australian Consumer Law applies and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee is limited, at our option, to supplying the Services again or paying the cost of having them supplied again, to the extent the law allows
• New Zealand. You acquire the Services in trade, and the parties agree that the Consumer Guarantees Act 1993 does not apply and that, to the extent permitted, sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable to be bound by this paragraph
• In any other jurisdiction, where a Non-Excludable Right applies, our liability is limited to the fullest extent that law permits

17. Limitation of liability

To the maximum extent permitted by applicable law, Checkafy, its affiliates, directors, officers, employees, agents and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, contracts, goodwill, anticipated savings, or data, or for the cost of substitute services, arising out of or in connection with the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages.

Without limiting the foregoing, Checkafy is not liable for: (a) any decision or action you take in reliance on the Services; (b) the acts, omissions, content or policies of any retailer, marketplace, platform, AI model or AI model provider, seller or other third party, including the answers any AI model gives; (c) any change, error or unavailability in public source data; (d) unauthorised access resulting from your failure to secure credentials; or (e) events beyond our reasonable control (see section 21).

Our total aggregate liability arising out of or relating to the Services or these Terms in any twelve (12) month period shall not exceed the greater of (i) the fees actually paid by you to Checkafy in the twelve (12) months preceding the event giving rise to the claim and (ii) one hundred US dollars (USD 100). Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law.

18. Indemnification

You agree to defend, indemnify and hold harmless Checkafy, its affiliates and their directors, officers, employees, agents and licensors from and against all claims, demands, proceedings, losses, damages, liabilities, fines, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services or of any data, report or deliverable; (b) any decision, communication or action you take based on the Services, including any pricing action or any action concerning a seller or listing; (c) Customer Content; (d) your breach of these Terms or of applicable law, including competition and data-protection law; or (e) any claim by a third party, including a retailer, marketplace, seller, competitor or regulator, arising from your instructions to us or your use of the Services.

19. Term, suspension and termination

• Subscriptions run for the term stated in your Customer Agreement and renew automatically for successive terms of the same length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term
• Either party may terminate for material breach not cured within thirty (30) days of written notice, or immediately if the other party becomes insolvent or enters any analogous proceeding
• We may suspend the Services immediately where necessary to protect the Services, other customers or third parties, to comply with law (including sanctions), or where fees are overdue
• On termination, your right to use the Services and data ceases; you must stop using and delete Checkafy data except where a Customer Agreement allows retention of delivered reports; all unpaid fees become due; and we may delete your account data and Customer Content after thirty (30) days, and will do so within ninety (90) days unless the law requires us to keep it
• Sections 6 to 18, 19 (this paragraph), 20, 22 and 23 survive termination

20. Sanctions, export and anti-bribery

• You represent that neither you nor any person owning or controlling you is the subject of sanctions administered by the United Nations, Hong Kong, the United States, the European Union, the United Kingdom or any other applicable authority, or located in a comprehensively sanctioned territory
• You will not use, export or make the Services or data available in breach of any applicable sanctions or export-control law, or for the benefit of any sanctioned person
• Each party will comply with applicable anti-bribery and anti-corruption laws in connection with these Terms
• We may suspend or terminate the Services immediately, without liability, if we reasonably believe continuing would breach any of these laws

21. Force majeure

Neither party is liable for any failure or delay (other than a payment obligation) caused by events beyond its reasonable control, including natural disasters, typhoons, epidemic, war, terrorism, civil unrest, labour disputes, governmental action, failure of utilities, hosting or telecommunications providers, denial-of-service attacks, or changes to or unavailability of third-party websites, platforms, AI models or APIs.

22. Governing law and disputes

• Governing law. These Terms and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes) are governed by the laws of the Hong Kong Special Administrative Region
• Negotiation. Before starting arbitration, a party will give the other written notice of the dispute, and senior representatives will try in good faith to resolve it within thirty (30) days
• Arbitration. Any dispute, controversy, difference or claim arising out of or relating to these Terms or the Services, including their existence, validity, interpretation, performance, breach or termination, or any non-contractual dispute, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause is Hong Kong law. The seat of arbitration is Hong Kong. There will be one arbitrator. The arbitration proceedings will be conducted in English. The award is final and binding
• Court relief. Nothing in this section prevents either party from seeking urgent injunctive or other interim relief from any court of competent jurisdiction to protect its intellectual property or confidential information, or to preserve the status quo pending arbitration. Checkafy may also bring a claim for undisputed unpaid fees in the courts of Hong Kong or of the place where you are established

23. General

• Entire agreement. These Terms and any Customer Agreement are the entire agreement between the parties regarding the Services and supersede prior discussions. Terms in your purchase orders or supplier portals do not apply, even if accepted electronically
• Electronic contracting. These Terms, Customer Agreements and notices may be accepted, signed and delivered electronically, and each party waives any requirement for wet-ink signatures to the extent permitted by law
• Language. These Terms are written in English. If they are translated, the English version prevails to the extent permitted by law
• Notices. Notices to Checkafy must be sent by email to info@checkafy.com or in writing to our registered office. We may notify you by email to the address on your account or in your Customer Agreement, or through the Services. Email notices are received on the next business day in Hong Kong after sending, unless the sender receives a delivery failure message
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor to our business on notice to you
• Subcontracting. We may use subcontractors and service providers, and remain responsible for their performance. The AI models whose answers Debrief records are the subject of the research, not our subcontractors, and we are not responsible for their answers
• Severability. If any provision is held invalid or unenforceable in any jurisdiction, it will be modified to the minimum extent needed in that jurisdiction and the remainder will continue in effect
• No waiver. A failure to enforce any right is not a waiver of that right
• Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship
• Third-party rights. Except for the persons indemnified under section 18, no person other than the parties has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or any similar law to enforce these Terms

24. Changes to these Terms

We may revise these Terms from time to time. The revised Terms take effect when posted on this page with an updated “Last updated” date, or on a later date stated in the notice. We will give customers at least thirty (30) days’ notice of material adverse changes by email or through the Services; unless you agree otherwise, such changes apply to a paid subscription from its next renewal. Continued use after the effective date constitutes acceptance of the revised Terms.

25. Contact

• Lever Data Solutions Limited (trading as Checkafy)
• Email: info@checkafy.com
• Address: Unit 231, 2/F, Building 16W, Hong Kong Science Park, Pak Shek Kok, Hong Kong