1. Agreement to terms
By accessing or using the Pounce platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you (“Customer”) and Pounce (“we”, “us”, “our”).
2. The Service
Pounce provides an on-site behaviour intervention platform that enables businesses to score visitor intent and trigger configurable on-site interventions. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.
3. Account registration
You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised access at hello@getpounce.com.au.
4. Acceptable use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Collect personal data without a valid legal basis
- Interfere with or disrupt the Service or servers
- Reverse engineer or attempt to extract the source code of the Service
- Resell or sublicense access to the Service without our prior written consent
- Use the Service in a manner that could harm, deceive, or mislead end users
5. Fees and payment
Fees are as agreed in your subscription or order form. We may update fees with at least 30 days’ written notice. All fees are exclusive of applicable taxes. Payments are non-refundable except as required by law or as expressly stated in these Terms.
6. Intellectual property
We retain all rights in the Service, including all software, algorithms, and documentation. You retain all rights in your data and content. By using the Service, you grant us a limited licence to process your data solely to provide and improve the Service.
7. Confidentiality
Each party agrees to keep the other’s confidential information secure and not to disclose it to third parties, except as required by law or with prior written consent. This obligation survives termination of these Terms.
8. Data and privacy
Our collection and use of data is governed by our Privacy Policy. You are responsible for obtaining any necessary consents from your end users and for complying with applicable data protection laws, including the Australian Privacy Act 1988 and, where applicable, the GDPR.
9. Warranties and disclaimers
We provide the Service on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
10. Limitation of liability
To the maximum extent permitted by applicable law, our total liability to you for any claims arising under or in connection with these Terms shall not exceed the fees paid by you in the three months preceding the claim. In no event shall either party be liable for indirect, incidental, consequential, or punitive damages.
Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
12. Term and termination
These Terms remain in effect while you use the Service. Either party may terminate for convenience with 30 days’ written notice, or immediately if the other party materially breaches these Terms and fails to cure within 14 days of notice. On termination, your access to the Service will cease and we will handle your data in accordance with our Privacy Policy.
13. Governing law
These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.
14. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or in-app notification at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Contact
For questions about these Terms, contact us at hello@getpounce.com.au.