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Terms Of Service

1. Introduction

Welcome to Incentable (the “Platform”), operated by Frazer Marketing Pty Ltd, Trading as Incentable (“Company”). These Terms of Service (“Terms”) govern the use of the Platform and its associated services (“Services”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

2. Agreement Structure

  • These Terms govern the use of the Platform for all users.
  • If you engage the Company for Professional Services, a separate Professional Services Agreement (PSA) will govern the additional services. The PSA supplements these Terms but does not replace them.
  • In the event of any conflict, the PSA shall govern solely with respect to the Professional Services provided.

3. Subscription & Account Registration

3.1 Service Level Agreement (SLA)
  • The Company will use commercially reasonable efforts to maintain an uptime of 99.5% per calendar month.
  • Planned maintenance may be conducted with reasonable notice, and emergency maintenance may occur without prior notice.
  • The Company is not responsible for service downtime caused by third-party providers, force majeure events, or Customer misuse.
  • No SLA credits, refunds, or financial compensation will be provided unless explicitly agreed in writing.
Exclusions
  • The SLA does not apply to:
    • Planned maintenance (with reasonable prior notice).
    • Issues caused by third-party services, including payment providers, hosting providers, or external integrations.
    • Customer-side issues, such as poor internet connections, outdated browsers, or device incompatibility.
    • Force majeure events, such as natural disasters, cyber-attacks, regulatory changes, or war.
    • Beta or experimental features, which are provided on an “as is” basis.
Failure to Meet SLA
  • The Company makes best efforts to meet uptime commitments but does not provide service credits, financial compensation, or refunds for SLA failures unless explicitly agreed in writing.
3.2 Support & Maintenance
  • The Company provides standard support during business hours (AEST) via email.
  • The Company provides customer support during standard business hours and is committed to assisting users with general inquiries. However, it is not obligated to provide enhanced or dedicated support services beyond the standard offering unless otherwise agreed in writing.
  • Response Times
    • Critical Issues (Platform Down): Best efforts within 4 business hours.
    • Major Issues (Severe functionality problems): Best efforts within 1 business day.
    • General Inquiries: Response within 2 business days.
  • Response times apply only during standard business hours (AEST) and exclude weekends and public holidays.
  • The Company will use commercially reasonable efforts to maintain the availability of the Platform 99.5% of the time, measured monthly (excluding scheduled maintenance and Force Majeure events).
  • The Company is not responsible for outages caused by third-party providers, including hosting services, payment processors, or integrations.
  • Users are not entitled to any compensation for service interruptions unless otherwise agreed.
  • Access to the Platform requires an active Subscription, as detailed in the pricing and features section of the website.
  • Users must register an account by providing accurate and up-to-date information.
  • The Company reserves the right to modify Subscription Fees, which will take effect upon renewal.

4. Payment Terms, Auto-Renewal & Fixed-Term Subscriptions

  • Subscriptions automatically renew at the end of the term unless canceled before the renewal date. However, subscriptions obtained through a Professional Services Agreement (PSA) with a fixed term will not auto-renew unless explicitly stated in the PSA.
  • Users may cancel their subscription via their account settings.
  • No refunds are issued for partial usage of a billing period.
  • Subscription payments are processed through Stripe and are subject to their terms.
  • Failure to pay may result in suspension or termination of access to the Platform.
  • Subscription Fees are non-refundable except as explicitly stated in the Refund Policy or as otherwise outlined in a PSA governing a fixed-term subscription.

5. Refund Policy

  • Refunds are only provided if the Company ceases to provide the Platform or at its sole discretion.
  • Refunds are prorated based on the unused portion of the Subscription.

6. Intellectual Property, Customer Data, API & Data Retention

  • The Customer retains full ownership of any data uploaded or generated through the Platform (“Customer Data”).
  • The Company does not access, modify, or use Customer Data except as necessary to provide the Services.
  • The Customer is responsible for ensuring the accuracy and legality of its data and compliance with applicable privacy laws (e.g., GDPR, Australian Privacy Act 1988).
  • The Company shall implement reasonable security measures to protect Customer Data but is not liable for breaches resulting from Customer actions or third-party integrations.
Data Retention & Deletion
  • Upon account termination, Customer Data may be retained for up to 90 days before permanent deletion.
  • The Company is not obligated to retain any data beyond the retention period.
  • Users are responsible for exporting their data before terminating their account.
Intellectual Property Rights
  • The Company retains all intellectual property rights in the Platform, including its software code, processes, algorithms, workflows, and operational methodologies.
  • Users are granted a non-exclusive, revocable license to access and use the Platform during the Subscription period.
  • Users must not:
    • Copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
    • Replicate, create derivative works, or develop competing software based on the Company’s intellectual property.
    • Use automated tools, bots, or scrapers to extract, replicate, or interfere with Platform functionality.
    • Circumvent or attempt to bypass security mechanisms or access controls implemented by the Company.
  • Any violation of these restrictions may result in immediate termination of access and legal action for damages.
API & Third-Party Integrations
  • If the Company provides API access, users must not exceed rate limits or engage in excessive API calls that disrupt services.
  • Users must not attempt to modify, alter, or bypass API restrictions.
  • The Company is not liable for issues arising from third-party integrations, including data loss, errors, or service failures.

7. Acceptable Use Policy (AUP) & Fair Use

  • Users must not use the Platform for:
    • Any activity that violates applicable laws, regulations, or third-party agreements.
    • Posting, transmitting, or distributing illicit, illegal, offensive, defamatory, obscene, pornographic, or hateful content.
    • Any action that could harm, disable, overburden, or impair the Platform’s functionality or security.
    • Excessive use of system resources that disrupts service availability for other users (e.g., unreasonable API calls, excessive bandwidth consumption, or unauthorized automation).
    • Unlawful activities, including fraud, money laundering, or distribution of malware.
    • Spamming, phishing, or unauthorized marketing.
    • Attempting to access another user’s account without permission.
  • The Company reserves the right to suspend or terminate access to the Platform for violations of this AUP, including activities that:
    • Violate laws, ethical standards, or social norms of respect and inclusivity.
    • Attempt to scrape, copy, or distribute data from the Platform without permission.
    • Cause harm to the Company, its users, or its reputation.
    • Bypass fair use limits designed to ensure stable service for all users.
  • The Company reserves the right to implement rate limiting, bandwidth restrictions, and fair use monitoring to protect Platform integrity.
7.1 Unintended & Unauthorized Use
  • Users may only use the Platform for its intended purpose, which is the creation and management of loyalty, reward, and sales incentive programs.
  • Users must not:
    • Use the Platform for purposes unrelated to its core functionalities or in a manner that competes with the Company.
    • Develop or offer unauthorized integrations with third-party systems without explicit approval from the Company.
    • Misrepresent the Platform as their own service or attempt to rebrand or resell it.
    • Deploy the Platform in a manner that exceeds reasonable usage limits, disrupts performance, or harms other users.
  • Users must comply with all applicable laws when using the Platform.
  • Sharing login credentials or unauthorized access is strictly prohibited.
  • Automated or unlawful activity on the Platform is prohibited.
  • The Company reserves the right to limit, suspend, or terminate access for violations of this clause.

8. Suspension & Termination for Cause

  • The Company may suspend or terminate an account without notice if:
    • The Customer fails to pay Subscription Fees after 10 days’ grace period.
    • There is suspected fraud, security threats, or legal violations.
    • The Customer materially breaches these Terms and does not remedy the breach within 7 days of written notice.
  • Termination does not affect outstanding payment obligations.
Termination by Users
  • Users may terminate their Subscription by using the “delete program” feature within the Platform.
  • The Company may terminate or suspend access for breach of these Terms, failure to pay, or if continued service is no longer commercially viable.

9. Modifications to the Platform & Services

Beta Features & Experimental Services
  • The Company may release beta features or experimental services for testing purposes.
  • These features may be changed or removed at any time without prior notice.
  • The Company provides no guarantees, warranties, or support for beta features.
Platform Modifications
  • The Company may update, modify, or discontinue features of the Platform at any time.
  • If a modification materially reduces functionality, the Company will provide 30 days’ notice before implementation.
  • Users agree that modifications are necessary for continuous improvement and waive claims against the Company for changes made in good faith.

10. Limitation of Liability

  • The Company’s total liability shall not exceed the total amount paid for the Subscription in the preceding 12 months.
  • The Company is not liable for indirect, incidental, punitive, or consequential damages, including lost profits, lost data, or business interruptions, even if advised of the possibility of such damages.
  • The Company does not warrant that the Platform will be error-free, uninterrupted, or completely secure.
  • Users assume all risks associated with using the Platform.

11. Indemnification

  • Users agree to indemnify the Company against claims, damages, and legal expenses arising from:
    • Misuse of the Platform.
    • Violation of applicable laws.
    • Intellectual property claims related to content uploaded by the User.

12. Legal Compliance

  • Users must comply with all applicable laws and regulations, including data protection laws (e.g., GDPR, CCPA, Australian Privacy Act).
  • The Company does not provide legal compliance guarantees and is not responsible for a User’s failure to comply with laws applicable in their jurisdiction.

13. Dispute Resolution & Arbitration

  • Disputes shall first be resolved through good-faith negotiations.
  • If unresolved within 30 days, disputes shall be submitted to binding arbitration in Victoria, Australia, under the Australian Centre for International Commercial Arbitration (ACICA) rules.
  • Each party shall bear its own legal costs, unless otherwise determined by the arbitrator.
  • The Customer waives any right to participate in class-action lawsuits against the Company.

14. Force Majeure

  • The Company shall not be liable for failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, cyber-attacks, labor strikes, or government actions.

15. Privacy

  • The Company collects and processes personal data in accordance with its Privacy Policy, available on the Platform.

16. Governing Law & Jurisdiction

  • These Terms are governed by the laws of Victoria, Australia.
  • Any disputes shall be resolved in Victoria, Australia, unless mandatory local consumer protection laws require otherwise.

17. General Provisions

  • Severability: If any part of these Terms is found unenforceable, the remainder shall remain in effect.
  • Amendments: The Company may update these Terms at its discretion. Users will be notified of changes.

By continuing to use the Platform, you acknowledge that you have read, understood, and agreed to these Terms.

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