Terms of Service

About These Terms

These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Meister Athlete Pty Ltd (ABN 49 162 434 513), trading as Valutten (“Valutten”, “we”, “us”, “our”).

Valutten is a commission intelligence platform for Australian mortgage brokerages, providing commission tracking, analytics, and reporting services (“Service”, “Platform”).

Table of Contents

1. Acceptance of Terms
2. Service Description
3. User Accounts and Registration
4. Subscription and Payment Terms
5. User Responsibilities and Acceptable Use
6. Intellectual Property Rights
7. Data Handling and Privacy
8. Service Availability and Support
9. Limitation of Liability
10. Indemnification
11. Termination
12. Dispute Resolution
13. Governing Law
14. Changes to Terms
15. General Provisions
16. Contact Information

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, accessing, or using the Valutten platform, you agree to these Terms of Service, our Privacy Policy, and any additional terms, policies, or guidelines referenced herein.

1.2 Authority to Bind

If you are using the Service on behalf of a company, organisation, or other legal entity (“Organisation”), you represent and warrant that you have the authority to bind that Organisation to these Terms and that you agree to these Terms on behalf of that Organisation.

1.3 Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under Australian law
• Hold appropriate licences and registrations if accessing the Service as a mortgage broker or credit representative (where applicable)

2. Service Description

2.1 Platform Overview

Valutten provides a cloud-based commission intelligence platform designed specifically for Australian mortgage brokerages. Our Service enables:

• Commission Tracking: Upload, parse, and store commission data from aggregators
• Analytics Dashboard: Visualise commission trends, broker performance, and office metrics
• Reporting: Generate detailed reports for compliance, reconciliation, and business insights
• Clawback Detection: Identify and track commission clawbacks and adjustments
• Trail Book Analysis: Monitor loan trail performance and churn rates
• Multi-User Access: Role-based access for administrators, office managers, and brokers

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, add new features, or remove features with reasonable notice where technically or commercially necessary. Material changes that reduce core functionality will be communicated with at least 30 days' notice where practicable.

3. User Accounts and Registration

3.1 Account Creation

To access the Service, you must create an account by providing a valid email address, a secure password meeting our security requirements, and such other information as we may reasonably require.

3.2 Account Types and Roles

The Service supports multiple user roles with different access levels:

• Administrator: Full company-wide access, user management, settings
• Office Admin: Access to assigned offices and their brokers
• Broker: Access to own commission data only

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and immediately notifying us of any unauthorised use or security breach. We recommend enabling multi-factor authentication (MFA) where available.

4. Subscription and Payment Terms

4.1 Subscription Plans

Access to the Service requires an active subscription. Details of available plans, features, and pricing are available on our website or upon request.

4.2 Payment Terms

• Billing Cycle: Monthly or annual, as selected at subscription
• Payment Method: Credit card or other methods accepted by our payment processor
• Currency: Australian Dollars (AUD)
• GST: All prices are exclusive of GST unless otherwise stated

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date, we terminate the subscription, or payment cannot be processed.

4.4 Refunds

• 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.
• Billing Errors: Full refund for any amounts charged in error.
• 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. User Responsibilities and Acceptable Use

5.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms, all applicable Australian laws and regulations, industry regulations applicable to mortgage broking (including ASIC and NCCP Act requirements), and your professional obligations and licence conditions.

5.2 Prohibited Activities

You must not:

• Attempt to gain unauthorised access to the Service, other accounts, or systems
• Upload, store, or transmit any malicious code, viruses, or harmful data
• Interfere with or disrupt the Service or servers
• Resell, sublicense, or redistribute the Service without authorisation
• Upload content that is illegal, defamatory, or infringes third-party rights
• Impersonate another person or entity

5.3 Data Accuracy

You are responsible for the accuracy and completeness of data you upload to the Service, ensuring you have the right to upload and process such data, and reviewing your commission records for completeness within the platform.

6. Intellectual Property Rights

6.1 Valutten's Intellectual Property

We own all rights, title, and interest in and to the Valutten platform, software, code, technology, website content, documentation, trademarks, logos, and branding. Nothing in these Terms grants you any ownership rights in our intellectual property.

6.2 Your Data

You retain ownership of all data you upload to the Service (“Your Data”). This includes commission records, company information, and any other data you provide. You grant us a limited, non-exclusive licence to store, process, and display Your Data to provide the Service. We will not sell Your Data to third parties or use Your Data for purposes unrelated to providing the Service.

7. Data Handling and Privacy

7.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Location

All primary data is stored in Australia in Google Cloud Platform's Sydney region (australia-southeast1). Limited data may be processed overseas by third-party service providers as described in our Privacy Policy.

7.3 Data Retention

We retain Your Data in accordance with our Privacy Policy, including commission data for 7 years from upload (ASIC compliance) and audit logs for 7 years.

8. Service Availability and Support

8.1 Availability Target

We strive to maintain high availability of the Service. Our target availability is 99.5% uptime, measured monthly, excluding scheduled maintenance.

8.2 Scheduled Maintenance

We may perform scheduled maintenance to update, improve, or repair the Service. Where possible, maintenance will be scheduled during low-usage periods (typically Sunday 00:00–06:00 AEST) and we will provide at least 24 hours' notice for planned maintenance.

8.3 Support

We provide customer support via:

• Email: support@valutten.com (response within 2 business days)
• In-App Help: Available within the platform
• Documentation: Self-service help centre

9. Limitation of Liability

9.1 Exclusion of Warranties

9.2 Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business, data, goodwill, or reputation. Our total aggregate liability shall not exceed the greater of the total fees paid by you in the 12 months preceding the claim or AUD $500.

9.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified.

10. Indemnification

You agree to indemnify, defend, and hold harmless Valutten and its directors, officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Service, your breach of these Terms, your violation of any applicable law or regulation, your violation of any third-party rights, and data you upload to the Service.

11. Termination

11.1 Termination by You

You may terminate your subscription at any time by cancelling through your account settings or contacting us at support@valutten.com. Termination takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your access to the Service:

• For convenience upon 30 days' written notice
• For breach of these Terms
• For non-payment after reasonable notice
• For fraudulent, illegal, or abusive conduct

11.3 Effect of Termination

Upon termination, access is revoked immediately, data is retained as required by law (within the platform; we do not provide bulk data downloads), and fees owed become due immediately.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@valutten.com with a description of the dispute and allowing 30 days for us to respond and attempt resolution.

12.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation administered by the Resolution Institute or another mediation service agreed by both parties.

12.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute will be resolved individually and not as part of a class, consolidated, or representative action.

13. Governing Law

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to conflict of law principles.

13.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia sitting in Queensland for any dispute arising from or related to these Terms.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with 30 days' notice via email and/or in-platform notification. Minor changes will be posted to our website. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Valutten regarding the Service.

15.2 Severability

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

15.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.4 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, acts of government, telecommunications failures, or power outages.