Bounty Growth Terms and Conditions

1. Scope

1. These Terms and Conditions govern your access to and use of the Bounty Growth Site and the Bounty Growth Services.
2. The Bounty Growth Site and Bounty Growth Services are operated and provided by Bounty Growth Pty Ltd ABN 49 697 769 761 (referred to as Bounty Growth, we, us, or our).
3. By accessing or using the Bounty Growth Site or Bounty Growth Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Bounty Growth Site or Bounty Growth Services.
4. The capitalised words in these User Terms and Conditions have the meanings set out in Schedule 1 of these User Terms and Conditions.

2. Overview

1. The Bounty Growth Site is a technology platform that unifies business, product and marketing data into one clean growth infrastructure then deploys ML models and AI to identify what’s working, what’s not and recommend actions to take to improve business performance.
2. The Bounty Growth Site provides tools for data integration, performance tracking, and strategic marketing recommendations. We do not guarantee any specific commercial outcomes, increases in revenue, or improvements in marketing performance as a result of your use of the Bounty Growth Site.
3. We may amend these User Terms and Conditions and any linked information from time to time by posting amended terms on the Bounty Growth Site. We will use reasonable endeavours to notify you if there are amendments that may have a material adverse effect on your use of the Bounty Growth Site or the Bounty Growth Services, however for completeness we encourage you to check our website periodically to ensure you are aware of our current User Terms and Conditions. Any changes to the dispute resolution provisions set out in clause 23 (Law and Forum) will not apply to any disputes for which the parties have actual notice of on or before the date the change is posted on the Bounty Growth Site. Your continued use of the Bounty Growth Site following the posting of revised User Terms and Conditions means that you accept and agree to the changes.

3. Eligibility

1. To access and use the Bounty Growth Site, you must:
   1. possess the legal right and ability to enter into a legally binding agreement (including being at least the age of consent in Australia if you are an individual); and
   2. if you are registering on behalf of a company, partnership, or other legal entity, have the authority to bind that entity to these Terms and Conditions.
2. We reserve the right to refuse registration of an account or to suspend or terminate an existing account at our sole discretion, subject to applicable law.
3. All Users must have an Account, and each Account is associated with an individual. First time users will be required to create their login credentials. A User must not share their login credentials and any relevant passwords with any other person (including any other User). The individual associated with the Account will be held responsible for all actions taken by the Account, without limitation. Accounts may be associated with a particular organisation or business, and it will be the User with administration permissions who will be responsible for ensuring the right Accounts are associated with the correct organisation or business.
4. All Users may be subject to the user verification procedures.

4. Using the Bounty Growth Site

1. As between the parties, Bounty Growth will have and retain all Intellectual Property Rights in materials, documentation, methodologies, source code, processes, websites, applications, and software that Bounty Growth uses for the purpose of providing the Bounty Growth Site and the Bounty Growth Services, and any and all derivatives, future enhancements, or modifications to the foregoing, however produced. No Intellectual Property Rights are granted to you under this Agreement or otherwise except as expressly set forth herein.
2. Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Bounty Growth Site and Bounty Growth Services for your internal business purposes.
3. You must not:
   1. use the Bounty Growth Site or Bounty Growth Services for any unlawful purpose or in violation of any applicable laws;
   2. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Bounty Growth Site or Bounty Growth Services;
   3. sell, rent, lease, sub-licence, distribute, or otherwise transfer access to the Bounty Growth Site or Bounty Growth Services to any third party; or
   4. use the Bounty Growth Site or the Bounty Growth Services to build a competitive product or service.
   5. circumvent or manipulate our fee structure, the billing process, or fees owed to Bounty Growth;
   6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
   7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Bounty Growth Site);
   8. transfer your Account (including feedback) and any login credentials to another party without our consent;
   9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
   10. distribute viruses or any other technologies that may harm Bounty Growth, the Bounty Growth Site, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
   11. download and aggregate content from our website without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Bounty Growth Site into any other without our prior written authorisation;
   12. copy, modify or distribute rights or content from the Bounty Growth Site or Bounty Growth’s copyrights and trademarks; or
   13. harvest or otherwise collect information about Users, including email addresses, without their consent.
4. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You must notify us immediately in writing of any unauthorised use of your Account or any other breach of security.

5. Additional Services and Fees

1. Certain features of the Bounty Growth Services, including Additional Services, may be subject to the payment of fees. Where applicable, the fees, billing cycle, and payment terms will be set out on the Bounty Growth Site or in a separate Services Agreement agreed between you and us.
2. You will have an opportunity to review and accept each SOW, and by agreeing to the SOW, you agree to pay the fees set out in those documents. When you click ‘agree’ or otherwise accept or sign a SOW it will be incorporated into and governed by the terms of these User Terms and Conditions.
3. Each SOW will commence at the time that you click ‘agree’ or otherwise accept or sign a SOW and will continue for the term set out in that SOW.
4. You may terminate the Additional Services as set out in the terms of the respective SOW, and you will be liable for the fees due and owing, as set out in the respective SOW.
5. We reserve the right to change our fees or introduce new charges at any time, upon providing you with reasonable prior written notice. If you do not agree to the revised fees, you may terminate your Account before the changes take effect.
6. Unless otherwise stated, all fees are non-refundable.

6. Taxes

1. Unless expressly stated otherwise, all fees and charges payable under these Terms and Conditions are exclusive of GST.
2. If GST is payable on any supply made by us under or in connection with these Terms and Conditions, you must pay to us an additional amount equal to the GST payable on the supply, provided that we first issue you a valid tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3. You are responsible for all other taxes, duties, and levies imposed by any government agency in connection with your use of the Bounty Growth Site and Bounty Growth Services.

7. Promotion

1. You grant us a non-exclusive, worldwide, royalty-free licence to use your company name, logos, and trademarks for the purpose of identifying you as a customer of Bounty Growth on the Bounty Growth Site and in our promotional and marketing materials.
2. If you do not wish to be identified as a customer, you may notify us in writing at admin@bountygrowth.com, and we will cease using your name and logo in future promotional materials within a reasonable timeframe.

8. Content and Information

1. You retain all ownership rights (including Intellectual Property Rights) in the marketing, product, and business data, and any other information or materials you upload, input, or integrate into the Bounty Growth Site (User Content).
2. You grant us a worldwide, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive, royalty-free, transferable licence to use, process, store, modify, and reproduce the User Content for the purposes of:
   1. providing, maintaining, and improving the Bounty Growth Site and Bounty Growth Services (including for training and improving artificial intelligence and machine learning models as part of the Bounty Growth Site);
   2. generating marketing insights, analytics, and recommendations for you;
   3. creating aggregated or anonymised data sets.
3. We own all rights, title, and interest in any aggregated or anonymised data derived from the User Content (Aggregated Data). We may use, license or otherwise commercialise Aggregated Data for any lawful purpose, including industry benchmarking, research, platform enhancement, and training the artificial intelligence and machine learning models which are part of the Bounty Growth Site. We will ensure that Aggregated Data does not contain information that identifies, or could reasonably be used to identify, any individual, in accordance with the Privacy Act 1988 (Cth). We may retain Aggregated Data indefinitely after termination or closure of your Account. You have no right to share in any revenue derived from our use or commercialisation of Aggregated Data.
4. You warrant that you have all necessary rights, consents, and permissions to upload the User Content to the Bounty Growth Site and to grant us the licences set out in this clause, and that the User Content does not infringe the Intellectual Property Rights or privacy rights of any third party.
5. We will handle any personal information contained within the User Content in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
6. You represent and warrant that your User Content:
   1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other Intellectual Property Right or proprietary right or right of publicity or privacy of any person;
   2. will not violate any applicable federal, provincial, local, or international law or regulation;
   3. will not be defamatory or trade libelous;
   4. will not be obscene;
   5. will not be harmful to our reputation or goodwill;
   6. will not include incomplete, false or inaccurate information about User or any other individual;
   7. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
   8. will not be in breach of these terms or the terms of any Bounty Growth Site policies.
7. In the event that:
   1. this Agreement is terminated or comes to an end;
   2. you close your Account; or
   3. we close your Account;

   we may continue to use the information we have previously collected or obtained (including any User Content) from the start of this Agreement until the end of this Agreement or the closure of your Account in accordance with these Terms and Conditions. We may need to retain some of your personal information and, if applicable, your customer’s personal information, to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

9. Feedback and Reviews

1. If you provide us with any feedback, suggestions, reviews, or comments regarding the Bounty Growth Site or Bounty Growth Services (Feedback), you assign to us all Intellectual Property Rights in that Feedback.
2. We may use, implement, and commercialise the Feedback without any obligation, restriction, or compensation to you.

10. Closing Accounts

1. You may close your account at any time by following the instructions on the Bounty Growth Site or by contacting us at admin@bountygrowth.com.
2. Upon closure of your account, your right to access and use the Bounty Growth Services will immediately cease. We may retain your User Content for a reasonable period for backup, archival, or audit purposes, or as required by law. Notwithstanding the above, we may retain Aggregated Data (as defined in the Content and Information clause) in accordance with these Terms and Conditions.

11. Disputes with Us

1. If a dispute arises out of or relates to these Terms and Conditions (Dispute), either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. A party claiming a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute.
3. Upon receipt of that notice, the parties must use their best endeavours to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.
4. If the Dispute is not resolved within 30 days of the notice being given, either party may commence legal proceedings.

12. Severability and Waiver

1. If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
2. A failure or delay by us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

13. Access, Fair Use and Interference

1. You must not use any robot, spider, scraper, or other automated means to access the Bounty Growth Site or extract data for any purpose without our express written permission.
2. You must not:
   1. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
   2. interfere or attempt to interfere with the proper working of the Bounty Growth Site or Bounty Growth Services; or
   3. bypass any measures we may use to prevent or restrict access to the Bounty Growth Site or Bounty Growth Services.
3. Your use of the Bounty Growth Site and Bounty Growth Services is subject to fair use. If your data processing, API calls, storage requirements, LLM / AI token usage significantly exceeds usage that Bounty Growth reasonably expects, or which Bounty Growth in its discretion decides is not commercially viable, we reserve the right to throttle your access, suspend your account, or require you to upgrade to a higher service tier.

14. Termination

1. Either party may terminate this Agreement at any time by giving the other party thirty (30) days’ notice in writing.
2. We may suspend or terminate your access to the Bounty Growth Site and Bounty Growth Services, and terminate this Agreement, immediately by written notice if:
   1. you breach any material provision of these Terms and Conditions and fail to remedy that breach within 14 days of receiving notice to do so, or immediately if that breach is not remediable;
   2. you use the Bounty Growth Site or Bounty Growth Services in a way that causes legal liability to us or disrupts others' use of the Bounty Growth Site or Bounty Growth Services; or
   3. you become insolvent, enter into liquidation, or have a receiver or manager appointed over any of your assets.
3. Upon termination, all licences granted to you will terminate, and you must immediately cease all use of the Bounty Growth Site and Bounty Growth Services.
4. You may terminate this Agreement by written notice if we breach any material provision of these Terms and Conditions and fail to remedy that breach within 14 days of receiving notice to do so, or immediately if that breach is not remediable.

15. Indemnity

1. You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
   1. your access to or use of the Bounty Growth Site and Bounty Growth Services;
   2. your breach of these Terms and Conditions;
   3. your User Content, including any claim that your User Content infringes the Intellectual Property Rights or privacy rights of a third party; or
   4. your violation of any applicable law or the rights of any third party.

16. Security

1. We implement reasonable technical and organisational measures designed to secure your User Content from accidental loss and from unauthorised access, use, alteration, or disclosure.
2. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your User Content at your own risk.
3. You are responsible for maintaining the security of your own systems, networks, and devices used to access the Bounty Growth Site and Bounty Growth Services.

17. No Warranty

1. To the maximum extent permitted by law, you acknowledge and agree that the Bounty Growth Site and Bounty Growth Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
2. We do not warrant that the Bounty Growth Site or the Bounty Growth Services will be uninterrupted, error-free, accurate, reliable, or secure. Although we may use commercially reasonable efforts to do so, we are under no obligation to provide technical support with regards to the Bounty Growth Site or the Bounty Growth Services, and we provide no assurance that any specific errors or performance issues in the Bounty Growth Site or the Bounty Growth Services will be corrected. We provide no assurance, condition, warranty or other term in relation to the availability or ability to store any data or information (including User Content) which you may upload to the Bounty Growth Site, or to the amount of data that you may store on any Account on the Bounty Growth Site. You acknowledge that the services which we offer as part of the Bounty Growth Services may change from time to time and agree that we will not be liable to you for any damage, loss or liability arising from such a change in the Bounty Growth Services. In no event will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Bounty Growth Site or the Bounty Growth Services.
3. The Bounty Growth Site uses a range of artificial intelligence and large language model (AI Tools) technologies, including third-party AI models, to generate marketing insights, analytics, and recommendations. You acknowledge and agree that all outputs, recommendations, insights, and content generated by or with the assistance of AI Tools are produced by automated systems and may be inaccurate, incomplete, or unsuitable for your specific circumstances, and that we make no representation or warranty as to the accuracy, reliability, or fitness for purpose of any AI-generated output. The User is solely responsible for independently verifying the accuracy and appropriateness of such AI-generated output and assumes all risks associated with its use and reliance thereon.
4. You acknowledge that the marketing insights, analytics, and recommendations provided by the Bounty Growth Site are for informational purposes only and do not constitute professional business or financial advice. We make no warranty regarding the accuracy, commercial success or performance improvements resulting from your reliance on or use of the Bounty Growth Site or the Bounty Growth Services.
5. We make no representation, promise, guarantee, condition, warranty or other term about any recommendations, financial or other forecasts, cost savings or predicted sales numbers produced by the Bounty Growth Site.

18. Limitation of Liability

1. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or in connection with these Terms and Conditions or your use of the Bounty Growth Site or the Bounty Growth Services.
2. Our total aggregate liability to you for any claim arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the total fees paid by you to us for the Bounty Growth Services in the six (6) months immediately preceding the event giving rise to the liability.

19. Legal Limitations

1. Nothing in these Terms and Conditions excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot lawfully be excluded, restricted, or modified.
2. If any guarantee is implied by the Australian Consumer Law and we are able to limit our liability for a breach of that guarantee, our liability is limited, at our option, to the resupply of the services or the payment of the cost of having the services supplied again.

20. Notices

1. Any notice or communication required or permitted to be given under these Terms and Conditions must be in writing.
2. We may provide notices to you by email to the email address registered with your Account or by posting a notice on the Bounty Growth Site.
3. You may provide notices to us by email to admin@bountygrowth.com.
4. A notice sent by email is deemed to have been received at the time of transmission, provided no automated delivery failure notification is received by the sender.

21. Law and Forum

1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.
2. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts entitled to hear appeals from those courts.

22. Interpretation

1. In these Terms and Conditions, unless the context requires otherwise:
   1. headings are for convenience only and do not affect interpretation;
   2. the singular includes the plural and vice versa;
   3. a reference to a person includes a corporation, trust, partnership, unincorporated body, or other entity;
   4. a reference to a statute or statutory provision includes any amendments, consolidations, or replacements of it; and
   5. the words “include”, “including”, “for example”, or “such as” are not used as, nor are they to be interpreted as, words of limitation.

23. Additional Terms

1. Your use of the Bounty Growth Site and Bounty Growth Services is also subject to our Privacy Policy, which is available at https://www.bountygrowth.com/privacy.
2. If you use specific features or integrations within the Bounty Growth Site, additional terms may apply. We will notify you of any such additional terms before you access those features.

24. General

1. These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Bounty Growth Site and Bounty Growth Services, superseding any prior agreements.
2. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations under these Terms and Conditions without restriction.
3. We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control, including natural disaster, pandemic, war, government action, labour dispute or failure of third party telecommunications or infrastructure (Force Majeure Event).

Schedule 1 — Definitions

In these Terms and Conditions, the following definitions apply:

1. Account means the user account used to access the Bounty Growth Site.
2. Additional Services means any services provided by us to you set out in a relevant Statement of Work.
3. AI Tools has the meaning given in the “No Warranty” clause.
4. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
5. Bounty Growth Services means the services, features, analytics, and tools provided by us through the Bounty Growth Site and any Additional Services.
6. Bounty Growth Site means the existing and future websites operated by Bounty Growth and located at https://www.bountygrowth.com/ and any of its regional or other domains or properties, and any associated web applications or portals operated by us.
7. Dispute has the meaning given in the “Disputes with Us” clause.
8. Feedback has the meaning given in the “Feedback and Reviews” clause.
9. GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10. Intellectual Property Rights means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including:
    1. patents, copyright and neighbouring and related rights, moral rights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in design, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights; and
    2. any application or right to apply for registration and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, of the rights referred to in paragraph (a),

    whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

11. Statement of Work or SOW means an agreement for services which are not included as part of this Agreement that we will provide to you on terms to be agreed between us (including fees, timetable, specifications and related matters).
12. Terms and Conditions means this document, including any schedules and any terms incorporated by reference.
13. User means any person or entity that registers for an account or otherwise accesses or uses the Bounty Growth Site.
14. User Content means all marketing data, product data, business data, text, images, or other materials uploaded, inputted, or integrated into the Bounty Growth Site by you or on your behalf.