Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (either an individual or entity) and Meister Athlete Pty Ltd (ABN 49 162 434 513), trading as Valutten (“Valutten”, “we”, “us”, “our”), concerning your access to and use of the Valutten commission management platform and related services (collectively, the “Services”).

By clicking “I Agree”, creating an account, or using our Services, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years of age
• You have the legal capacity to enter into this agreement
• If you are using the Services on behalf of a company, you have authority to bind that company to these Terms

If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

Valutten provides a cloud-based commission management platform specifically designed for Australian mortgage brokers. Our Services include:

• Automated commission tracking and reconciliation
• Multi-lender statement upload and processing
• Real-time commission reporting and analytics
• Team management and office-level permissions
• Audit logging and compliance tools
• Integrations with lender systems (where available)
• Customer support and platform updates

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information during registration
• Hold a valid Australian Credit License (ACL) or be an authorized representative
• Be a legitimate mortgage brokerage or related financial services business
• Maintain and update your account information to keep it accurate and current

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Enabling two-factor authentication (2FA) when required
• Immediately notifying us of any unauthorized access or security breach
• Ensuring all users in your organization comply with these Terms

3.3 Account Termination

We may suspend or terminate your account if:

• You breach these Terms or our Acceptable Use Policy
• Your payment is overdue by more than 30 days
• You provide false or misleading information
• Your use poses a security risk or legal liability
• You lose your Australian Credit License

4. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any laws
• Upload malicious code, viruses, or attempt to gain unauthorized access
• Reverse engineer, decompile, or attempt to extract source code
• Scrape, crawl, or use automated tools to extract data
• Interfere with or disrupt the Services or servers
• Use the Services to send spam or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Share your account credentials with unauthorized third parties
• Remove, obscure, or alter any legal notices or branding
• Use the Services in a way that infringes intellectual property rights
• Resell, sublicense, or redistribute the Services without written permission

Violation of this policy may result in immediate account suspension or termination.

5. Pricing, Payment, and Billing

5.1 Pricing

Current pricing is available at valutten.com/pricing. All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated.

We reserve the right to change our pricing with 30 days' notice to existing customers. Price increases will not apply to your current billing period.

5.2 Billing

• Subscription Plans: Billed monthly or annually in advance
• Payment Method: Credit card, debit card, or direct debit (via Stripe)
• Auto-Renewal: Subscriptions renew automatically unless cancelled
• Failed Payments: Service may be suspended if payment fails after 3 attempts
• Invoices: Available in your account dashboard and emailed to billing contact

5.3 Refund Policy

• No Refunds on Cancellation: If you cancel your subscription, no refund is provided for the remaining billing period. Your access continues until the end of the current period.
• Exceptional Circumstances: Refunds may be considered at Valutten's sole discretion for exceptional circumstances on a case-by-case basis.
• Australian Consumer Law: Nothing in this refund policy limits your rights under the Australian Consumer Law, including your right to a remedy for a major failure.

5.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. No refunds are provided for the remaining period.

5.5 Taxes

Prices exclude GST. If GST applies, it will be added to your invoice. You are responsible for any other taxes, duties, or charges imposed by your jurisdiction.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, databases, and other content (“Valutten IP”), are owned by Valutten and protected by Australian and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

6.2 Your Data

You retain all ownership rights to the data you upload to the Services (“Your Data”), including:

• Commission records and financial data
• Lender statements and reports
• Company information and business records
• Any other content you create or upload

By uploading Your Data, you grant us a worldwide, non-exclusive license to use, store, process, and display Your Data solely for the purpose of providing the Services to you.

6.3 Data Export

You may export Your Data at any time in standard formats (CSV, PDF, Excel). Upon account termination, you have 30 days to export Your Data before it is permanently deleted.

6.4 Feedback

Any suggestions, feedback, or ideas you provide about the Services become our property and may be used without compensation or attribution.

7. Warranties and Disclaimers

7.1 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted or error-free service. Scheduled maintenance will be communicated in advance when possible.

7.2 Data Accuracy

While we use industry-standard processing algorithms, you are responsible for verifying the accuracy of all commission data and calculations. Valutten is a tool to assist your workflows, not a replacement for professional judgment.

7.3 Disclaimer

7.4 Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your subscription and receive a refund. You are also entitled to compensation for any other reasonably foreseeable loss or damage.

8. Limitation of Liability

Note: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited or excluded under Australian law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Valutten, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your Data or content uploaded to the Services
• Unauthorized access to your account due to your negligence

10. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the use of the Services. This includes:

• Your Data and business information (our obligation)
• Platform features not publicly available (your obligation)
• Pricing and contract terms (mutual obligation)

Confidential information may be disclosed if required by law or with the disclosing party's written consent.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for any disputes.

11.2 Dispute Resolution Process

Before initiating legal proceedings, both parties agree to:

1. Informal Resolution: Contact support@valutten.com to attempt to resolve the dispute informally within 30 days
2. Mediation: If informal resolution fails, agree to good-faith mediation before proceeding to court
3. Litigation: As a last resort, disputes may be brought before the courts of Queensland

11.3 Class Action Waiver

To the extent permitted by law, you agree to bring claims on an individual basis only, not as part of a class action.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the “Last Updated” date at the top of this page
• Notify you via email at least 30 days before changes take effect
• Display a prominent notice in your account dashboard
• For significant changes affecting your rights, request your renewed acceptance

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your account.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with Valutten, constitute the entire agreement between you and Valutten.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor entity.

13.5 Force Majeure

Neither party is liable for delays or failures in performance due to circumstances beyond their reasonable control (e.g., natural disasters, government actions, internet outages, pandemics).

13.6 Survival

Sections that by their nature should survive termination (including IP rights, disclaimers, limitations of liability, and dispute resolution) will survive termination of these Terms.