Terms of Use

These Terms of Use (Terms) are a binding agreement between you and Promptive Group Pty Ltd (ACN 696 907 614) (we, us, our), the operator of the NameStake website and tools (the Service). By accessing or using the Service you accept these Terms. If you do not agree, do not use the Service.

1. What NameStake is

NameStake is an automated tool that checks a business name against selected Australian registers and domain records and produces an indicative “brandability” score and availability summary. It is an information and convenience tool only. It is not a registration service, a legal, accounting, trade mark or professional advisory service, and it does not create any relationship of advice between us and you.

2. Results are indicative only — not definitive

This is the most important thing to understand about the Service:

• Results are automated, indicative signals only and are not definitive. They are not a representation, warranty or guarantee that a name is available, registrable, lawful to use, or free of third-party rights.
• When the Service says a name or domain “appears available”, that means only that our automated checks did not find a record — a signal, not a guarantee. Premium, reserved, recently registered, pending or similar names may still exist.
• Data may be incomplete, out of date, mismatched, or unavailable at the time of your search, and our checks do not cover every register, jurisdiction, trade mark, common-law right or business name.
• Scores (including the brandability score) are subjective, opinion-based estimates generated in part by artificial intelligence and heuristics. Reasonable people and tools will disagree. A high score does not mean a name is good, available or safe to use.

You must independently verify any result with the official sources — including ASIC, the Australian Business Register and IP Australia — and seek your own professional advice before making any decision or incurring any cost in reliance on a name.

3. No reliance

You agree that you will not rely on the Service or any result as the basis for registering, adopting, marketing, printing, purchasing or otherwise committing to a business name, domain or brand. Any decision you make is your own, made on your own enquiries and professional advice. To the extent permitted by law, we are not responsible for any decision made, or action taken, in reliance on the Service.

4. Use of AI and automated processing

Parts of the Service — in particular the brandability score — are generated using artificial intelligence and automated heuristics. AI output can be wrong, biased or misleading and should be treated as an opinion to consider, not a fact to rely on. See our Privacy Policy for how we use AI and handle your information.

5. Your responsibilities

• You must use the Service lawfully and only for legitimate purposes.
• You must not misuse the Service — including scraping, bulk automated querying, attempting to disrupt or gain unauthorised access, or using it to infringe anyone’s rights.
• You are responsible for the accuracy of anything you enter and for your own conduct and decisions.

6. Intellectual property

The Service, its content, design and underlying software are owned by or licensed to us and are protected by law. We grant you a personal, non-exclusive, revocable licence to use the Service for your own business-name research. You must not copy, resell, or build a competing dataset or product from the Service.

7. Disclaimers and consumer guarantees

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all warranties, representations and guarantees not expressly set out in these Terms, including as to accuracy, completeness, currency, fitness for purpose or availability.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the service or paying the cost of re-supply.

8. Limitation of liability

To the maximum extent permitted by law, and subject to the consumer guarantees referred to above, we are not liable for any loss, damage or cost (including loss of profits, loss of opportunity, wasted expenditure, or indirect or consequential loss) arising out of or in connection with your use of, or reliance on, the Service or any result. The Service is free to use; to the extent a cap applies, our total aggregate liability is limited to AUD $100.

9. Privacy

Our handling of your information is described in our Privacy Policy, which forms part of these Terms.

10. Changes and availability

We may change, suspend or discontinue the Service, or update these Terms, at any time. Changes take effect when posted here. Your continued use after a change means you accept the updated Terms.

11. Governing law

These Terms are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the courts of Australia and the courts able to hear appeals from them.

12. Third-party data and attribution

The Service uses the ASIC Business Names dataset © Australian Securities and Investments Commission (ASIC), sourced from data.gov.au and licensed under Creative Commons Attribution 3.0 Australia (CC BY 3.0 AU). That data is a periodic snapshot that we reformat and index for search; it is not the live register. We are not affiliated with, and not endorsed by, ASIC or any other register or government body, and references to them do not imply any endorsement. Other sources remain the property of their respective owners.

13. Contact

Questions about these Terms? Contact Promptive Group at hello@promptive.com.au.