Terms of Service

1. Accounts

To use certain features of the Service (for example, trials or paid Subscriptions) you must create an account. You must provide information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms and may result in immediate suspension or termination of your account. You are responsible for safeguarding the password and credentials used to access the Service and for any activity under your account, whether or not authorized by you. You agree not to disclose your password or credentials to any unauthorized third party and to notify us immediately if you become aware of any unauthorized use of your account or any breach of security. You may not use, as a username or identifier, the name of another person or entity, a name or trademark subject to the rights of another party without authorization, or a name that is offensive, vulgar, or obscene. You are responsible for ensuring that any employee, contractor, or client that you permit to access your account (an “Authorized User”) complies with these Terms, and you remain liable for their acts and omissions in connection with the Service.

2. Subscriptions and Billing

Certain parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis (“Billing Cycle”), either monthly or annually depending on the plan selected. At the end of each Billing Cycle, your Subscription automatically renews under the same conditions unless cancelled by you or by Predicta Analytics. You may cancel a Subscription renewal at any time via your account management page; cancellation takes effect at the end of the then-current Billing Cycle. A valid payment method is required to process payment. You must provide accurate and complete billing information, including full name, business address, and valid payment details, prior to your Subscription commencing. By submitting payment information, you authorize Predicta Analytics to charge all Subscription fees incurred through your account to that payment method. If automatic billing fails and retries are unsuccessful, we may suspend or terminate your account and access to the Service. Overdue amounts (except those under reasonable and good-faith dispute) may accrue late charges at 1.5% per month of the outstanding balance, or the maximum rate permitted by law, whichever is lower. If we pursue collection of unpaid fees, you agree to pay our reasonable costs of collection, including legal fees, to the extent permitted by law. Except as expressly stated on our pricing page or required by the Australian Consumer Law, fees paid are non-refundable, and you remain liable for all fees for the full then-current term even where your account is suspended or terminated for breach of these Terms.

3. Trials, Beta Features & Feature Changes

3.1 Free Trials

Predicta Analytics may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). Where billing information is collected at sign-up, you will not be charged until the Free Trial expires. Unless you cancel before the Free Trial ends, you will automatically be charged the applicable Subscription fee. We may modify the terms of, or cancel, any Free Trial offer at any time without notice.

3.2 Beta Features

We may make certain features available on a testing or experimental basis (“Beta Features”) for evaluation purposes only. We make no commitment to continue offering any Beta Feature and may remove or modify Beta Features at any time without liability, though we will endeavour to provide at least thirty (30) days’ notice where reasonably possible. Beta Features are provided “AS IS” without warranty of any kind.

3.3 Feature Changes

We may change feature access or the components included within a Subscription tier from time to time. We will provide reasonable notice of such changes and, where practical, alternatives to avoid disruption to your business.

4. Fee Changes

We may, at our sole discretion, modify Subscription fees or introduce charges for features previously offered at no cost, to reflect increased costs or added product value. Any fee change takes effect at the start of the next Billing Cycle following the change, and we will provide at least thirty (30) days’ prior notice of any fee increase, giving you the opportunity to cancel before it takes effect. Continued use of the Service after a fee change takes effect constitutes your agreement to the revised fee.

5. Third-Party Integrations

The Service supports Integrations with third-party platforms, including Google (Google Analytics, Google Search Console, Google Ads, Google Lighthouse, Google Sheets), Meta (Facebook and Instagram), LinkedIn, Shopify, QuickBooks, and other social, marketing, e-commerce, or financial platforms made available from time to time, each of which has its own terms of service and developer policies. When you authorize an Integration, our systems will have access to any data made available by that Integration’s API, limited to the permission scopes you or your Authorized Users approve. Data retrieved from an Integration may be cached or stored on our servers to improve the reliability and performance of the Service, and is handled in accordance with our Privacy Policy, including the data retention periods set out in that Policy (in summary: up to twelve (12) months while your Subscription is active, and one (1) month following termination, with extended retention available on request and subject to an additional fee). Data obtained from Integrations is used in the dashboards and reports made available to you and your Authorized Users. To further develop and improve the Service, including new features and benchmarking tools, we may anonymize and aggregate Integration Data (“Aggregated Data”). Aggregated Data will not identify you or any individual and, as between you and us, Predicta Analytics owns all right, title, and interest in Aggregated Data, free of any encumbrance.

5.1 Google APIs

Our use of, and transfer of, information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements, and to Section 4.1 of our Privacy Policy.

5.2 Meta Platforms

By authorizing the Service to access your Facebook or Instagram data, you agree to Meta’s Platform Terms and Developer Policies. Access may be revoked at any time through your Meta Business Settings, as further described in Section 4.2 of our Privacy Policy.

5.3 LinkedIn

By authorizing the Service to access your LinkedIn data, you agree to the LinkedIn API Terms of Use. Access may be revoked at any time through your LinkedIn account settings, as further described in Section 4.3 of our Privacy Policy.

5.4 Other Integrations

Where you connect other platforms, such as Shopify or QuickBooks, you agree to that platform’s applicable terms of service, and our handling of the resulting data is governed by Section 4.4 of our Privacy Policy.

6. Content

The Service allows you to create, upload, store, and share dashboards, widgets, reports, and other content (“User Content”). You are solely responsible for your User Content, including its legality, reliability, and appropriateness. By submitting User Content, you grant Predicta Analytics and its service providers a licence to use, host, reproduce, modify, display, and distribute that User Content solely to operate, provide, and improve the Service. You retain ownership of your User Content and remain responsible for protecting your own rights in it. You represent and warrant that: (a) you own the User Content or have the right to use it and to grant the licence above; and (b) your User Content does not infringe or violate the privacy, publicity, intellectual property, contractual, or other rights of any third party. We may remove or restrict access to any User Content that we reasonably determine to be unlawful, abusive, defamatory, fraudulent, infringing, or otherwise objectionable, without liability to you. In providing tools for you to view, generate, or share User Content, we act only as a passive host and do not accept any obligation or liability for its content.

7. Intellectual Property

The Service and all content within it — including text, software, design, graphics, and underlying code, but excluding User Content — is the property of Predicta Analytics or its licensors and is protected by copyright, trademark, database, and other intellectual property laws. You may access and use the Service only for your own internal business purposes as contemplated by these Terms. Any other use, including reproduction, reverse engineering, resale, or redistribution of the Service or its content, is prohibited without our prior written consent. These Terms do not grant you any licence to use Predicta Analytics’ trademarks, logos, or brand features.

8. Data, Privacy, and Consent

Our collection, use, storage, retention, and disclosure of Personal Data and Integration Data is governed by our Privacy Policy, which forms part of these Terms. By creating an account, connecting any Integration, or otherwise using the Service, you

• consent to the collection, processing, storage, retention (including the retention periods described in Section 3 of the Privacy Policy), and disclosure of your data as described in the Privacy Policy;
• represent and warrant that you have the necessary rights and authority — including on behalf of your organisation and any Authorized Users — to connect each Integration and to authorize Predicta Analytics to access the associated data;
• authorize Predicta Analytics to generate and own Aggregated Data derived from your Integration Data, as described in Section 5; and
• agree that you are responsible for obtaining any consents required from your own employees, clients, or other third parties whose data becomes visible to you through the Service.

If there is any inconsistency between these Terms and the Privacy Policy in respect of data handling, the Privacy Policy will prevail.

9. Links to Other Websites

The Service may contain links to third-party websites or services not owned or controlled by Predicta Analytics. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and we are not liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on them. We encourage you to review the terms and privacy policies of any third-party website you visit.

10. Artificial Intelligence Features

The Service may incorporate or integrate with artificial intelligence or machine learning technologies, whether provided by Predicta Analytics or third parties (“AI Services”), including for generating insights, summaries, or recommendations from your dashboard data. Where AI Services are provided by a third party, Predicta Analytics has no responsibility or liability for their performance. You must not use AI Services to bypass safeguards, extract training data, circumvent privacy or security controls, or otherwise cause an AI Service to act outside its intended purpose. AI Services generate probabilistic outputs based on patterns in data (“Output”); you are solely responsible for reviewing and evaluating the accuracy and suitability of any Output before relying on it, and for any decisions made or actions taken based on that Output. Predicta Analytics does not warrant that any Output will be accurate, complete, or fit for your intended use.

11. Confidentiality

“Confidential Information” means non-public, proprietary information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with the Service, whether orally or in writing, that is designated as confidential or that would reasonably be understood to be confidential given its nature. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party without a duty of confidentiality; (c) is independently developed by the Receiving Party; or (d) is lawfully received from a third party without restriction. The Receiving Party will not use or disclose the Disclosing Party’s Confidential Information except as necessary to perform its obligations under these Terms, and will protect it using at least the same degree of care it uses to protect its own confidential information (and no less than a reasonable standard of care). If compelled by law to disclose Confidential Information, the Receiving Party will, to the extent legally permitted, give the Disclosing Party prior notice and reasonable assistance to contest the disclosure. The Disclosing Party may seek injunctive relief for any actual or threatened breach of this Section, in addition to any other available remedies.

12. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, in cases of emergency, suspected fraud, a requirement imposed by a regulator or law enforcement authority, or a material breach of these Terms. For other terminations, we will provide at least five (5) business days’ written notice where practicable. Where you breach these Terms and the breach is capable of remedy, we will provide notice and a reasonable opportunity to cure before terminating. You may cancel your account at any time via your account management page, subject to Section 2 regarding fees already incurred. Upon termination, your right to access and use the Service ceases immediately, and Sections 6, 7, 8, and 10–22 of these Terms survive termination.

13. Indemnification

You agree to defend, indemnify, and hold harmless Predicta Analytics and its directors, officers, employees, contractors, and agents (the “Indemnified Parties”) from and against any claims, actions, or proceedings brought by a third party arising from or relating to: (a) your breach of these Terms or the Privacy Policy; (b) your User Content; (c) your use or misuse of the Service or any Integration; or (d) your violation of any applicable law or of the rights of a third party, including any privacy or data protection law, and to indemnify the Indemnified Parties against any resulting damages, costs, and reasonable legal fees awarded against them by a court of competent jurisdiction, provided that the Indemnified Parties: (i) promptly notify you in writing of the claim; (ii) give you sole control of its defence and settlement (provided that any settlement fully releases the Indemnified Parties without admission of liability on their part); and (iii) provide reasonable cooperation, at your expense. Where Predicta Analytics is found by a court of competent jurisdiction to have breached these Terms or violated applicable law in the provision of the Service, Predicta Analytics will indemnify you on equivalent terms, subject always to the limitations of liability in Section 14.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Predicta Analytics, its directors, employees, contractors, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, data, or other intangible losses, arising from or relating to: (a) your access to or use of, or inability to access or use, the Service; (b) any conduct or content of any third party on or relating to the Service, including any Integration or AI Service; (c) any content obtained through the Service; or (d) unauthorized access to, use of, or alteration of your data or transmissions — whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages. TO THE EXTENT SUCH LIMITATION IS NOT PROHIBITED BY APPLICABLE LAW, PREDICTA ANALYTICS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PREDICTA ANALYTICS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. Nothing in these Terms is intended to limit any rights you may have as a consumer under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified. See Section 16 (Australian Consumer Law) below.

15. Disclaimer and Non-Waiver of Rights

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Except as expressly stated in these Terms or as required by the Australian Consumer Law, Predicta Analytics makes no representation or warranty of any kind, express or implied, regarding the Service, including as to merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, error-free, or free of harmful components. If you breach these Terms and we do not act immediately, or choose not to act, we do not waive our rights and remain entitled to act at a later time or in respect of any other breach. We are not responsible for any failure to perform caused by circumstances beyond our reasonable control. A person who is not a party to these Terms has no right to enforce them.

16. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”), may confer on you consumer guarantees and other rights that cannot be excluded, restricted, or modified by agreement. Nothing in these Terms excludes, restricts, or modifies any such non-excludable guarantee, right, or remedy. To the extent that the Service is not of a kind ordinarily acquired for personal, domestic, or household use, and to the extent permitted by the ACL, our liability for a failure to comply with a consumer guarantee is limited, at our option, to one or more of: re-supply of the Service, or payment of the cost of having the Service re-supplied.

17. Governing Law and Dispute Resolution

These Terms are governed by, and are to be interpreted in accordance with, the laws of the State of Victoria, Australia and the applicable laws of the Commonwealth of Australia, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia in respect of any dispute arising out of or relating to these Terms or the Service, and waive any objection to that jurisdiction or venue. Before commencing formal proceedings, the parties agree to first attempt in good faith to resolve any dispute through informal negotiation between senior representatives for a period of not less than thirty (30) days.

18. Provisions Severable

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Changes to These Terms

We may modify or replace these Terms at any time, at our sole discretion. Where a change is material, we will make reasonable efforts to provide at least thirty (30) days’ notice before the new Terms take effect, and what constitutes a material change is determined at our sole discretion. Your continued access to or use of the Service after revised Terms take effect constitutes your acceptance of them. If you do not agree with the revised Terms, you must stop using the Service.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent; any purported assignment in breach of this Section is void. Predicta Analytics may assign or transfer any of its rights or obligations under these Terms without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Predicta Analytics regarding the Service, and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written, regarding the same subject matter.

22. Contact Us

If you have any questions about these Terms, please contact us at: Predicta Analytics —

Phone: +61 03 9133 8600

Website: predictaanalytics.io/contact/