Terms of Service
These Terms of Service ("Terms") govern your access to and use of the The Board Cartel board governance platform ("Service") provided by The Board Cartel Pty Ltd ("The Board Cartel", "we", "us"). By subscribing to or using the Service, you agree to these Terms on behalf of yourself and your organisation ("Customer").
1. Subscription and Payment
Access to the Service is provided on a subscription basis. Subscription fees are charged monthly or annually as selected at sign-up. All fees are in Australian dollars (AUD) and are inclusive of GST where applicable.
Payment is processed via Stripe. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before renewal. No refunds are provided for partial billing periods, except where required by Australian consumer law.
We reserve the right to change subscription pricing with 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
2. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to store or transmit content that is unlawful, defamatory, or that infringes the intellectual property rights of any person.
- Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
- Reverse engineer, decompile, or attempt to extract the source code of the Service.
- Use the Service to send spam, unsolicited messages, or malicious code.
- Resell or sublicense access to the Service without our prior written consent.
- Upload or share content that contains personal information about individuals without appropriate authority.
The Board Cartel reserves the right to suspend or terminate accounts that breach these Acceptable Use requirements, with or without prior notice depending on the severity of the breach.
3. Intellectual Property
The The Board Cartel platform, including all software, design elements, documentation, and branding, is owned by The Board Cartel Pty Ltd and is protected by Australian and international intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.
You retain full ownership of all content and governance records (meeting minutes, board papers, risk registers, etc.) that your organisation creates within the Service. By uploading content you grant us a limited licence to host, store, and transmit that content solely to provide the Service.
4. Data and Privacy
Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. You warrant that you have authority to provide any personal information you upload about other individuals, including board members.
5. Limitation of Liability
To the maximum extent permitted by Australian law, The Board Cartel's total liability to you for any claim arising out of or in connection with the Service is limited to the fees you paid in the three months preceding the claim.
The Board Cartel is not liable for indirect, consequential, special, or punitive damages, including loss of profits, loss of data, or reputational harm. We do not guarantee that the Service will be uninterrupted or error-free, although we target 99.5% monthly availability and will communicate any planned downtime in advance.
Nothing in these Terms limits liability that cannot be excluded under Australian consumer law, including the consumer guarantees in the Competition and Consumer Act 2010 (Cth) Schedule 2.
6. Termination
You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period. After cancellation you will retain read-only access to your data for 30 days, after which the data will be deleted in accordance with our retention policy.
We may terminate your account immediately if you materially breach these Terms or if required by law.
7. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for any dispute arising under these Terms.
8. Changes to These Terms
We may update these Terms from time to time. We will provide at least 14 days' notice of material changes by email to account administrators. Continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.
9. Contact
The Board Cartel Pty Ltd
Level 2, 123 Collins Street, Melbourne VIC 3000
Email: legal@theboardcartel.com.au