TERMS AND CONDITIONS

Last updated: 20/01/26

These Terms and Conditions (“Terms”) govern access to and use of the Marketing Manager App (“App”), operated by The Marketing Mentor Pty Ltd ABN 13 660 504 183 (“we”, “us”, “our”).

By accessing, subscribing to, or using the App, you (“you”, “User”) agree to be bound by these Terms. If you do not agree, you must not access or use the App.

1. DEFINITIONS

In these Terms, unless the context otherwise requires:

  1. App means the Marketing Manager App, including all software, dashboards, tools, features, integrations and related services.

  2. Brand Manager Services means marketing, brand management, consulting or related services provided by us under a separate written agreement.

  3. Subscription means your paid right to access and use the App in accordance with these Terms.

  4. Subscription Fees means the fees payable for access to the App, as set out on our website or otherwise notified to you.

  5. Third-Party Services means any third-party platforms, software, infrastructure, hosting, integrations or services used in connection with the App.

  6. User Data means any data, content or information submitted to the App by or on behalf of you.

2. SCOPE OF THESE TERMS

2.1 These Terms apply whether:

  1. the App is provided as part of Brand Manager Services; or
  2. the App is provided on a standalone, software-only subscription basis.

2.2 These Terms are separate from and supplementary to any client services agreement you may have with us. In the event of inconsistency, these Terms prevail in relation to use of the App.

3. ACCESS AND SUBSCRIPTION

3.1 Subject to payment of the applicable Subscription Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the App during the Subscription term.

3.2 You must:

  1. ensure all login credentials are kept secure;
  2. not permit unauthorised access to the App;
  3. ensure all users under your account comply with these Terms; and
  4. immediately notify us of any suspected security breach.

3.3 We may refuse, suspend or terminate access to the App if we reasonably believe:

  1. you have breached these Terms;
  2. continued access poses a security, legal or operational risk;
  3. required fees are overdue; or
  4. a Third-Party Service restricts, suspends or withdraws access.

4. SUBSCRIPTION FEES AND PAYMENT

4.1 Subscription Fees are payable in advance in accordance with the pricing published on our website or otherwise agreed in writing.

4.3 All fees:

  1. are exclusive of GST unless stated otherwise;
  2. are non-refundable except as required by law; and
  3. may be varied by us on reasonable notice.

5. ACCEPTABLE USE

5.1 You must not:

  1. misuse, interfere with, or disrupt the App or its infrastructure;
  2. reverse engineer, decompile, copy, modify or create derivative works of the App;
  3. use the App for unlawful, misleading or deceptive purposes;
  4. transmit malware, spam or harmful content; or
  5. resell, sublicense or commercially exploit the App without our written consent.

5.2 We may monitor usage to ensure compliance with these Terms.

6. THIRD-PARTY SERVICES

6.1 The App relies on Third-Party Services which are not owned or controlled by us.

6.2 Your use of the App may be subject to additional third-party terms, conditions or acceptable use policies.

6.3 We do not guarantee the ongoing availability, functionality or performance of any Third-Party Services.

6.4 We are not responsible or liable for:

  1. outages, delays or interruptions caused by Third-Party Services;
  2. changes, limitations or discontinuation of Third-Party Services;
  3. data loss or corruption attributable to Third-Party Services; or
  4. acts or omissions of third-party providers.

6.5 Where a Third-Party Service restricts or ceases functionality, we may modify, suspend or terminate affected features of the App without liability.

7. DATA AND PRIVACY

7.1 You retain ownership of your User Data.

7.2 By using the App, you grant us a licence to host, process, transmit and use User Data solely for:

  1. providing and maintaining the App;
  2. performing Brand Manager Services (if applicable);
  3. troubleshooting, analytics and system improvement; and
  4. compliance with legal obligations.

7.3 We handle personal information in accordance with our Privacy Policy.

7.4 You are solely responsible for:

  1. the accuracy and legality of User Data; and
  2. compliance with all applicable privacy, data protection and marketing laws.

8. INTELLECTUAL PROPERTY

8.1 All intellectual property in the App, including software, workflows, templates, processes, branding and documentation, remains our property or that of our licensors.

8.2 Nothing in these Terms transfers ownership of intellectual property to you.

9. NO RELIANCE / NO GUARANTEES

9.1 The App is provided on an “as is” and “as available” basis.

9.2 We do not warrant that:

  1. the App will be uninterrupted, secure or error-free;
  2. the App will achieve specific marketing, financial or business outcomes; or
  3. data will be free from loss, corruption or unauthorised access.

9.3 You acknowledge that the App is a tool only and does not constitute professional, financial or marketing advice.

10. LIMITATION OF LIABILITY

10.1 To the maximum extent permitted by law, all warranties not expressly stated in these Terms are excluded.

10.2 Our total aggregate liability arising out of or in connection with the App is limited to the Subscription Fees paid by you in the 3 months immediately preceding the event giving rise to the claim.

10.3 We are not liable for:

  1. indirect or consequential loss;
  2. loss of profit, revenue, data or goodwill;
  3. business interruption; or
  4. failures caused by Third-Party Services.

11. TERMINATION

11.1 Either party may terminate the Subscription on written notice in accordance with the applicable billing cycle.

11.2 We may immediately suspend or terminate access if you breach these Terms or fail to pay fees when due.

11.3 On termination:

  1. your licence to use the App ends immediately;
  2. outstanding fees remain payable; and
  3. User Data may be deleted after a reasonable retention period, subject to law.

12. CHANGES TO THESE TERMS

12.1 We may amend these Terms by publishing updated terms on our website.

12.2 Continued use of the App after changes constitutes acceptance of the updated Terms.

13. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.

14. CONTACT

For questions regarding these Terms, contact:

The Marketing Mentor Pty Ltd


Email: contact@themarketingmentor.com.au
Website: themarketingmentor.com.au