TERMS OF SERVICE

Effective starting:  23 September 2025

1. Introduction

  1. About These Terms. These Terms of Service (“Terms”) set out the conditions under which CardCastle provides access to and use of its Software (“Software”). By creating an account, subscribing, or otherwise using the Software, you agree to comply with and be bound by these Terms
  2. Who You Are. In these Terms, “you” or “User” or “Merchant” means the individual or entity using the Software. If you are using the Software on behalf of an organisation, you confirm that you have the authority to bind that organisation to these Terms
  3. Related Policies. Your use of the Software is also subject to: CardCastle’s Privacy Policy, and any additional terms, policies, or conditions presented to you by CardCastle, all of which are incorporated into these Terms by reference
  4. Authority to Accept. If you register for or use the Software using an email address from your employer or another organisation, you will be deemed to represent that organisation, and these Terms will apply to it

2. License & Permitted Use

  1. CardCastle grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes during the subscription term and any applicable documentation
  2. You may not sublicense, sell, rent, distribute, reverse-engineer, permit any unauthorised person or entity to access or use the Software to create competing services or otherwise
  3. You must not use the Software in a way that could damage, disable, overburden, or impair CardCastle’s systems or infrastructure; or access the Software for any unlawful purpose or in breach of any applicable law or regulation

3. Acceptable Use Policy

  1. You agree not to use the Software to: engage in illegal activity; upload malicious code, spam or harmful data; circumvent security or usage limits; interfere with the proper functioning of the Software; misuse CardCastle APIs or integrations. CardCastle may suspend or terminate your access if this clause is violated

4. Data & Privacy

  1. You retain all ownership rights to your data (“Data”). By using the Software, you grant CardCastle the right to process, store, and transmit Data as required to provide the Software. CardCastle will use reasonable measures to keep Data secure but does not guarantee absolute security
  2. CardCastle may collect and use aggregated, anonymised, and de-identified data derived from the Data and your use of the Software (“Usage Data”) to: improve, support, and operate the Software; develop new features and services; and generate analytics, benchmarking, and business insights
  3. CardCastle will handle the Data in accordance with its Privacy Policy and applicable privacy and data protection laws. You are responsible for ensuring you have obtained all necessary consents from your customers or users to allow CardCastle to process the Data as described
  4. CardCastle has no obligation to monitor the Data. Nonetheless, if CardCastle becomes aware that: (a) Data may violate the law or the rights of others, or (b) your use of the Software threatens the security or operation of the Software, then CardCastle may: (i) limit access to, or remove, the relevant Data, or (ii) suspend your access to the relevant Software. CardCastle may also take any such measures where required by law, or at the request of a governmental authority. When practicable, CardCastle will give you the opportunity to remedy the issue before taking any such measures

5. Security Obligations

  1. You are solely responsible for maintaining the security and confidentiality of your login credentials, account access, and any devices used to access the Software. You agree to: implement reasonable measures to prevent unauthorised access to your account; ensure only authorised personnel access the Software on your behalf; and promptly notify CardCastle if you suspect or become aware of any unauthorised use, security incident, or data breach involving your account or Data. CardCastle is not liable for any loss or damage arising from your failure to comply with these obligations

6. Subscription, Billing & Renewals

  1. All fees are specified in your order and are payable in advance. Subscriptions automatically renew unless cancelled before the renewal date. Fees are non-refundable except where required by law. CardCastle may suspend access to the Software if payment is overdue. If you use a credit card or similar online payment method, then CardCastle may bill that payment method for renewals, expenses, and unpaid fees, as applicable

7. Support & Service Levels

  1. CardCastle will provide reasonable technical support as described in your subscription plan. While we aim for high availability, we do not guarantee uninterrupted access. CardCastle’s provision of support is subject to you providing timely access to the Software, Hardware and personnel reasonably requested by CardCastle

8. Third-Party Products & Integrations

  1. Use of Third-Party Products. The Software may integrate with third-party products or services (“Third-Party Products”). Use of Third-Party Products is subject to their own terms, and CardCastle is not responsible for their functionality, security, or availability
  2. User Responsibility. If you enable a Third-Party Product, you authorise CardCastle to share Data as needed for the integration and acknowledge that you are solely responsible for reviewing and complying with the third party’s terms and policies
  3. Data & Liability. CardCastle is not liable for any loss, disclosure, or modification of Data caused by Third-Party Products. CardCastle may suspend or discontinue any integration at any time without liability

9. Warranties & Disclaimers

  1. The Software are provided on an 'as-is' and 'as-available' basis. To the maximum extent permitted by law, CardCastle disclaims all warranties, including merchantability, fitness for a particular purpose, title or non-infringement. CardCastle does not warrant your use of the Software will be uninterrupted or error-free. CardCastle is not liable for delays, failures or problems inherent in use of the internet and electronic communications or other systems outside CardCastle’s control. This clause survives expiration or termination of these Terms

10. Limitation of Liability

  1. To the maximum extent permitted by law: CardCastle’s total liability arising out of or related to these Terms is limited to the total fees paid by you in the 6 months preceding the claim. CardCastle is not liable for any loss of use, lost data, lost profits, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance. This clause survives expiration or termination of these Terms

11. Indemnification

  1. You agree to indemnify and hold harmless CardCastle from any claims, damages, or liabilities arising from your misuse of the Software, violation of these Terms, or infringement of third-party rights. CardCastle does not provide any indemnity or assume any liability for claims alleging that the Software, or your use of it, infringes any third-party intellectual property rights. You are solely responsible for ensuring that your use of the Software, and any third-party products or integrations you enable, complies with all applicable intellectual property laws and does not infringe the rights of others. This clause survives expiration or termination of these Terms

12. Termination & Suspension

  1. You may stop using the Software at any time. If you choose to cancel your subscription, you must do so via your account settings or by contacting CardCastle support. Subscription fees are non-refundable except where required by law
  2. CardCastle may suspend or terminate your access to the Software immediately if: you fail to pay any applicable fees when due; you breach these Terms or any applicable policies and fail to remedy the breach within 14 days of notice; your use of the Software poses a security, legal or reputational risk to CardCastle, its merchants or customers; or CardCastle is required to do so by law or a government authority
  3. CardCastle may terminate your access to the Software for any reason by providing at least 30 days’ prior written notice to you. Upon termination under this clause, your access to the Software will cease at the end of the notice period
  4. Upon termination or expiry: your right to access and use the Software ends immediately; CardCastle may delete or anonymise your Data after a defined retention period, unless required by law to retain it; and any outstanding fees remain payable

13. Intellectual Property

  1. You own the Data provided to CardCastle or used with the Software
  2. CardCastle and its licensors retain all intellectual property and other rights in the Software, any support and service level deliverables and related source code, CardCastle technology, templates, formats and dashboards, including any modifications or improvements. CardCastle retains all intellectual property rights in the Software, including enhancements, templates, and derivative works. You are prohibited from copying, modifying, or misrepresenting ownership of the Software
  3. You acknowledge that CardCastle makes no representation or warranty that the Software, or your use of it, does not infringe any third-party intellectual property rights. You are solely responsible for ensuring that your use of the Software (including any data, content, or third-party integrations you provide or enable) complies with applicable intellectual property laws and does not infringe the rights of others

14. Confidentiality

  1. You agree not to disclose any non-public, confidential, or proprietary information obtained from CardCastle in connection with your use of the Software, including technical, financial, commercial, or business information (“Confidential Information”), except as required by law. You must take reasonable steps to protect the confidentiality of CardCastle’s Confidential Information and prevent unauthorised use or disclosure. This clause survives termination or expiry of these Terms

15. Compliance & Export Control

  1. You must comply with all applicable laws and regulations when using the Software, including data protection, privacy, and export control requirements. You represent and warrant that you will not: use the Software in any country or with any person or entity subject to government sanctions, trade restrictions, or embargoes; violate any applicable laws regarding the transmission, storage, or processing of data; or cause CardCastle to breach its obligations to third-party service providers, including hosting and infrastructure providers
  2. CardCastle may suspend or terminate your access immediately if required to comply with applicable laws, government requests, or hosting provider restrictions. You agree to indemnify CardCastle for any losses, claims, or liabilities arising from your breach of this clause

16. Feedback

  1. If you provide CardCastle with feedback or suggestions regarding the Software or other CardCastle offerings, CardCastle may use the feedback or suggestions without restriction or obligation. This clause survives expiration or termination of these Terms

17. General

  1. Interpretation, Waivers and Severability. Headings are for convenience only and “including” and similar terms are to be construed without limitation. These Terms are drafted in English. Any translations are for convenience only. In case of conflict, English prevails. Waivers must be granted in writing and signed by the waiving party’s authorized representative. If any clause or Term is held invalid, illegal or unenforceable, the Terms will be limited to the minimum extent necessary, so the rest of the Terms remain in effect
  2. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without CardCastle’s prior written consent.  Any attempt by you to transfer or assign this your rights or obligations under these Terms will be null and void. CardCastle may assign its rights and obligations under this Agreement (in whole or in part) without notice to you or your consent
  3. Force Majeure. CardCastle will not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, labour disputes, government actions, wars, terrorism, failures of the internet or telecommunications networks, denial-of-service attacks, third-party hosting provider outages or failures

18. Governing Law & Dispute Resolution

  1. These Terms are governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory, Australia. Before initiating formal legal proceedings, you agree to use reasonable efforts to resolve any dispute arising out of or relating to these Terms through good-faith negotiations

19. Changes to These Terms

  1. CardCastle may update or modify these Terms from time to time. CardCastle will use commercially reasonable efforts to notify you of any such modification at least 30 days prior to its effective date. Notice may be given by any of the following methods: (a) email to the account holder's registered address; (b) a prominent notice displayed in your account dashboard; or (c) an in-app banner or system message. Continued use of the Software after changes take effect constitutes your acceptance of the updated Terms