Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Partner Revenue Guard platform, website, applications, APIs, reports, dashboards, alerts, integrations, and related services (together, the Platform), provided by PARTNER REVENUE GUARD PTY LTD (ACN 696 215 693, ABN 45 696 215 693), trading as Partner Revenue Guard ("we", "us", or "our").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of a company, partnership, or other organisation, you represent that you have authority to bind that entity, and "you" and "your" refer to that entity.

If you do not agree to these Terms, you must not access or use the Platform.

Partner Revenue Guard is a business software platform designed to help users monitor partner, affiliate, referral, campaign, and related digital revenue paths, detect potential issues, and provide reporting, alerts, and operational workflow tools.

The Platform is an informational and workflow support tool only. Unless expressly agreed in writing, we do not guarantee that the Platform will detect every issue, prevent all revenue loss, or operate without interruption, delay, or error.

You must be at least 18 years old and capable of forming a binding contract to use the Platform.

You must:

• provide accurate, current, and complete registration information;
• keep your account details updated;
• keep your login credentials secure and confidential; and
• notify us promptly of any unauthorised use of your account or suspected security incident.

You are responsible for all activities that occur under your account, except to the extent caused by our breach of these Terms or our negligence.

We may offer free trials, beta features, pilot programs, or early access features. Unless otherwise stated in writing:

• trials and beta features are provided on an "as is" basis;
• they may be modified, suspended, or withdrawn at any time;
• they may contain errors, limitations, or incomplete functionality; and
• data associated with trial, beta, or test environments may be deleted, reset, or limited.

If we offer a free trial requiring a payment method, and you do not cancel before the applicable renewal date, the trial may automatically convert to a paid subscription in accordance with the plan and billing terms presented at signup or checkout.

If you upgrade to a paid plan during a trial, the trial may end immediately and billing for the selected paid plan may commence immediately.

5.1 Subscription Plans

The Platform may be offered under different subscription plans, including trial, self-serve paid plans, and custom or enterprise plans. Subscription features, usage limits, inclusions, user limits, monitoring frequency, alerting channels, and pricing will be set out on the Platform, in an order form, or in another written agreement between you and us.

5.2 Plan Limits and Feature Access

Your access to the Platform depends on your subscribed plan. We may enforce plan-based limits, including limits on monitored links, users, integrations, monitoring frequency, reporting, alerting, CSV import, audit trail, and other features. If your use exceeds your subscribed plan limits, we may block the relevant action, require an upgrade, suspend access to the affected feature, or otherwise enforce the applicable plan restrictions.

5.3 Billing

You agree to pay all applicable fees, taxes, and charges associated with your subscription. Unless otherwise stated:

• fees are charged in advance on a recurring basis;
• subscriptions renew automatically unless cancelled before renewal;
• fees are non-cancellable and non-refundable except as required by law or expressly stated in these Terms;
• prices are in USD unless otherwise stated; and
• taxes may apply depending on your billing location.

5.3.1 Money-back guarantee for new paid subscriptions

If you upgrade to a paid plan and contact support within 14 days of the upgrade, we will refund the most recent payment in full provided you have not run a discovery scan during the current billing period. Once a discovery scan has been run in the current billing period, that period is treated as used and is not refundable. You can still cancel at any time to stop future renewals. This guarantee applies once per customer per twelve-month period and does not apply to renewals after the initial 14-day window.

5.3.2 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law or other applicable consumer protection laws which cannot be lawfully excluded. Where such rights apply, our liability is, to the extent permitted, limited as set out elsewhere in these Terms.

5.4 Payment Authority

You authorise us and our payment processor to charge your nominated payment method for all applicable fees, renewals, upgrades, taxes, and related charges.

5.5 Upgrades and Downgrades

You may upgrade your subscription through the Platform at any time. Upgrades take effect immediately, are charged upfront on a prorated basis for the remainder of the current billing period, and may require you to authenticate the payment with your bank (for example, via 3-D Secure). Your new plan limits apply once the payment is confirmed. Downgrades are scheduled to take effect at the end of your current billing period. You keep your current plan access until then, and no charge or credit is issued at the time you request the downgrade.

5.6 Failed Payments and Suspension

If payment fails or an amount remains unpaid, we may retry payment, suspend access, restrict features, downgrade service access, or cancel the subscription where permitted by law and the applicable plan terms. A failed upgrade-proration payment does not place your existing subscription into past-due status; it only cancels the requested upgrade.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Platform for your internal business purposes.

You must not, and must not permit any other person to:

• copy, reproduce, modify, adapt, translate, or create derivative works of the Platform except as expressly permitted by law;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover source code;
• sell, resell, lease, licence, distribute, timeshare, or otherwise commercially exploit the Platform;
• use the Platform to build or support a competing product or service;
• interfere with or disrupt the Platform, servers, networks, or security measures;
• use bots, crawlers, scripts, or automated means in a manner that unreasonably burdens the Platform;
• upload, transmit, or introduce viruses, malware, malicious code, or harmful material; or
• use the Platform in any unlawful, fraudulent, misleading, or abusive manner.

Because the Platform may be used to monitor URLs, webpages, redirects, tracking paths, partner assets, and related digital content, you agree that:

• you are solely responsible for the assets, URLs, domains, content, and workflows you choose to monitor;
• you will only use the Platform in connection with websites, pages, assets, and data sources that you are authorised to monitor or access;
• you will not use the Platform to unlawfully scrape, probe, overload, copy, or interfere with third-party systems;
• you will comply with all applicable laws, regulations, contracts, website terms, partner agreements, and network rules; and
• you will not use the Platform in a way that infringes another person's intellectual property, privacy, confidentiality, contractual rights, or system security.

We are not responsible for your compliance obligations to third parties. We are not responsible if third-party websites, providers, networks, or services block, throttle, alter, or otherwise interfere with monitoring activity, access, data collection, redirects, alerting, or related functionality.

8.1 Ownership

As between the parties, you retain all right, title, and interest in and to the data, content, URLs, files, configurations, credentials, prompts, instructions, reports, and other materials submitted to or processed through your use of the Platform, excluding our technology, analytics, and aggregated data ("Customer Data").

8.2 Licence to Us

You grant us a non-exclusive, worldwide, limited licence to host, copy, process, transmit, store, back up, and otherwise use Customer Data as reasonably necessary to provide, secure, maintain, support, improve, and administer the Platform and to comply with law.

8.3 Responsibility for Customer Data

You represent and warrant that you have all rights, consents, licences, and permissions necessary for us to process Customer Data, and that Customer Data and your use of the Platform will not violate any law or the rights of any person.

8.4 Sensitive Data

Unless expressly agreed by us in writing, you must not submit highly sensitive personal information, payment card data, government identification numbers, protected health information, or special category/sensitive information through the Platform.

We will handle personal information in accordance with our Privacy Policy.

You acknowledge that no internet-based system is completely secure. While we take reasonable technical and organisational measures to protect the Platform and Customer Data, we do not guarantee absolute security.

You are responsible for maintaining appropriate security over your own systems, credentials, devices, and integrations.

The Platform may interoperate with third-party services, APIs, websites, analytics tools, messaging platforms, payment processors, and data providers. Unless expressly stated otherwise:

• third-party services are not under our control;
• we are not responsible for their availability, accuracy, legality, security, performance, or practices;
• your use of third-party services is governed by their own terms and policies; and
• changes to third-party services may affect the Platform's functionality.

We may suspend or remove integrations if required for legal, security, operational, or commercial reasons.

We may update, enhance, modify, discontinue, or remove features of the Platform at any time.

While we aim to maintain reasonable availability, the Platform may be unavailable from time to time for maintenance, upgrades, emergency work, third-party outages, or events beyond our reasonable control.

Unless expressly agreed in writing, we do not provide any service level commitment, guaranteed uptime, or support response times.

The Platform may send account communications, service messages, onboarding communications, operational notifications, issue alerts, recovery alerts, and integration-based notifications (including by email or Slack where enabled). You acknowledge that:

• operational notifications depend on your settings, third-party services, and technical factors outside our control;
• delivery may be delayed, blocked, filtered, or fail;
• we do not guarantee delivery, timing, or receipt of any notification; and
• you are responsible for maintaining current contact details, mailbox access, integration settings, and notification preferences.

Marketing and promotional communications are governed by your communication preferences and applicable law.

The Platform may provide alerts, summaries, reports, statuses, severity levels, issue classifications, revenue-at-risk estimates, recommendations, automated outputs, AI-assisted outputs, and other analytical information. You acknowledge and agree that:

• outputs are estimates, heuristics, or informational tools only;
• classifications such as Healthy, Degraded, Broken, Unknown, Low, Medium, High, and Critical are generated using automated rules, assumptions, thresholds, and available data;
• outputs may depend on configuration, partner tiering, third-party content, incomplete information, and automated logic;
• outputs may contain errors, omissions, false positives, or false negatives; and
• you remain solely responsible for reviewing outputs and making your own commercial, legal, technical, financial, and operational decisions.

The Platform does not provide legal, accounting, tax, investment, or professional advice.

We and our licensors own all right, title, and interest in and to the Platform, including all software, source code, interfaces, workflows, features, dashboards, designs, models, documentation, trademarks, branding, and related intellectual property, excluding Customer Data.

No rights are granted to you other than the limited rights expressly set out in these Terms.

If you provide suggestions, feedback, ideas, or enhancement requests to us, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and exploit them without restriction or obligation to you.

Each party may receive confidential information from the other party. Each party must:

• keep the other party's confidential information confidential;
• use it only for the purposes of these Terms; and
• not disclose it to any third party except to its personnel, contractors, professional advisers, or service providers who need to know it and are bound by confidentiality obligations.

This clause does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or lawfully received from a third party without restriction.

15.1 Suspension

We may suspend your access immediately if you breach these Terms, payment is overdue, your use presents a security risk, or we reasonably believe suspension is necessary to comply with law.

15.2 Termination by You

You may stop using the Platform at any time. If you have a paid subscription, cancellation will take effect at the end of the current billing period.

15.3 Termination by Us

We may terminate these Terms immediately by notice if you commit a material breach and fail to remedy it within 14 days after notice, you repeatedly breach these Terms, you become insolvent, or we discontinue the Platform generally.

15.4 Effect of Termination

On termination your right to access the Platform ends immediately, accrued rights and liabilities are not affected, and surviving clauses continue. We may delete or de-identify Customer Data after termination in accordance with our retention practices. Certain data may be retained for legal, billing, tax, audit, security, fraud prevention, backup, dispute resolution, or compliance purposes.

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from harmful components.

To the extent permitted by law, all implied warranties, representations, guarantees, conditions, and terms are excluded. Nothing in these Terms excludes any non-excludable rights you may have under applicable law.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive loss or damage, or for any loss of profit, revenue, business opportunity, goodwill, anticipated savings, data, or reputation.

Our total aggregate liability is limited to the total fees paid by you to us for the Platform in the 12 months preceding the event giving rise to the claim, or if no fees have been paid, AUD $100.

The limitations in this clause do not apply to liability that cannot lawfully be limited or excluded.

You indemnify and hold harmless us, our related bodies corporate, officers, employees, and contractors from and against any claim, loss, liability, damage, cost, or expense arising from or in connection with your breach of these Terms, your misuse of the Platform, Customer Data, your monitoring of third-party websites, or your breach of law or the rights of any third party.

This indemnity is reduced to the extent the claim results from our breach of these Terms or our negligence.

We will not identify you by name, logo, or customer relationship in our marketing materials, website, case studies, or public communications without your prior written consent, unless otherwise expressly agreed in writing.

20.1 Assignment

You must not assign, novate, transfer, or otherwise deal with these Terms without our prior written consent.

20.2 Entire Agreement

These Terms, together with any order form, pricing terms, acceptable use policy, privacy policy, data processing addendum, or other documents expressly incorporated by reference, form the entire agreement between the parties.

20.3 Variation

We may amend these Terms from time to time. If we make a material change, we will take reasonable steps to notify you, such as by posting updated Terms on the Platform or notifying you through the Platform or by email. Continued use of the Platform after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and, if applicable, cancel your subscription before the updated Terms take effect.

20.4 Force Majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control.

20.5 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

If you have any questions about these Terms, please contact:

PARTNER REVENUE GUARD PTY LTD
ACN 696 215 693
ABN 45 696 215 693
Attention: Legal

You can also submit a privacy request through our website.