Terms of Service

1. Acceptance of Terms

By accessing or using QualifyMate's mortgage assessment service platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Service. These Terms constitute a legally binding agreement between you and QUALIFYMATE PTY LTD ABN 95689186365 ("QualifyMate", "we", "us", or "our").

2. Description of Service

QualifyMate provides a digital platform for mortgage assessment services, including:

• Document processing and classification for mortgage applications, including AI-powered document renaming that classifies uploaded PDFs, extracts metadata, and suggests standardised filenames
• Financial assessment calculations including debt-to-income and net surplus ratios
• Automated report generation for mortgage assessments
• Data analysis and summarisation services
• Chrome browser extension for exporting assessments to third-party platforms

Our Service is designed to assist mortgage professionals and does not constitute financial advice or guarantee loan approval.

Chrome Extension

The QualifyMate Chrome extension allows you to export assessment data from QualifyMate to supported third-party mortgage platforms. The extension:

• Requires authentication with your QualifyMate account
• Accesses only the assessments you are authorised to view
• Transfers data only at your explicit request
• Does not collect web browsing activity beyond supported platforms

Use of the Chrome extension is subject to these Terms and our Privacy Policy, including the Chrome Extension Data Practices section which describes how we handle data in compliance with the Chrome Web Store User Data Policy.

3. Eligibility and Registration

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into this agreement
• Provide accurate and complete registration information
• Maintain the confidentiality of your account credentials
• Be authorised to act on behalf of any business entity you represent

You are responsible for all activities that occur under your account and must notify us immediately of any unauthorised use.

4. User Obligations and Prohibited Uses

You agree to use our Service only for lawful purposes and in accordance with these Terms. You must not:

• Upload false, misleading, or fraudulent information
• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Attempt to gain unauthorised access to our systems
• Introduce malicious software or attempt to disrupt the Service
• Use the Service for any commercial purpose without our written consent
• Share your account credentials with third parties
• Reverse engineer or attempt to extract source code from our Service

Chrome Extension Specific Restrictions

When using the Chrome extension, you additionally must not:

• Use the extension to export data you are not authorised to access
• Modify or tamper with the extension's code or functionality
• Use the extension in conjunction with automated tools or scripts without authorisation
• Attempt to circumvent rate limits or security measures
• Use the extension to transfer data to platforms other than those officially supported

5. Intellectual Property Rights

QualifyMate retains all rights, title, and interest in and to the Service, including:

• Software, algorithms, and technology
• Trademarks, logos, and branding
• Content, design, and user interface
• Reports and analysis generated by our Service

You retain ownership of the documents and data you upload, but grant us a license to process and analyse this information to provide our Service. This license terminates when you delete your account or remove the relevant data.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

For detailed information about how the Chrome extension handles your data, including permitted uses and restrictions, please refer to Section 5 (Chrome Extension Data Practices) of our Privacy Policy.

7. Service Availability and Modifications

We strive to maintain the availability of our Service but cannot guarantee uninterrupted access. We may modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We reserve the right to update these Terms and will notify you of material changes. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

8. Fees and Payment Terms

Our Service operates on a subscription or usage-based fee structure. By using paid features, you agree to:

• Pay all applicable fees as described on our website
• Provide accurate payment information
• Authorise automatic recurring payments where applicable
• Pay any applicable taxes including GST

Fees are non-refundable except as required by Australian Consumer Law. We may modify our fees with reasonable notice.

Fair Use Policy for Unlimited Features

Certain paid subscription plans include features described as "unlimited" (such as the Document Renamer). These features are provided subject to a fair use policy and are intended for normal business use by mortgage professionals. You agree that:

• Unlimited features are subject to reasonable use that is consistent with typical business operations for mortgage broking and lending professionals
• Usage that is excessive, automated, or inconsistent with normal business activity may be considered outside fair use
• We reserve the right, at our sole discretion, to impose, reduce, or modify usage limits on any feature, including features described as unlimited, if we reasonably determine that usage is excessive or abusive
• If we determine your usage exceeds fair use, we will endeavour to notify you and provide a reasonable opportunity to adjust your usage before taking action
• We may, at our discretion, offer upgraded plans or custom arrangements for high-volume usage needs

The designation of a feature as "unlimited" does not create an obligation to provide infinite resources and is subject to technical and operational constraints. We reserve the right to update this fair use policy at any time.

Payment Processing via Stripe

We use Stripe, Inc. as our third-party payment processor for handling all subscription payments and billing. When you provide payment information:

• Payment card details are transmitted directly to Stripe's secure servers and are never stored on our systems
• We only receive limited information from Stripe, such as the last 4 digits of your card and payment status
• Stripe processes your payment information in accordance with their privacy policy and PCI-DSS compliance standards
• Stripe may process payment data in the United States and other jurisdictions where they operate
• Your use of Stripe's services is subject to Stripe's Privacy Policy and Terms of Service (available at stripe.com/privacy and stripe.com/legal)

QualifyMate does not have access to your complete payment card information. For questions about how Stripe handles your payment data, please refer to Stripe's privacy policy.

9. Disclaimer and Limitation of Liability

Our Service is provided "as is" without warranties of any kind. To the maximum extent permitted by law:

• We disclaim all warranties, express or implied
• We do not guarantee the accuracy or completeness of assessments
• Our Service does not constitute financial or legal advice
• Our liability is limited to the fees paid for the Service in the preceding 12 months
• We are not liable for indirect, consequential, or special damages

Nothing in these Terms excludes or limits our liability for death, personal injury, fraud, or any liability that cannot be excluded under Australian Consumer Law.

10. Australian Consumer Law

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and obtain a refund for the unused portion, or to compensation for the drop in value below the price paid. You are also entitled to choose a refund or replacement for major failures with goods. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

11. Indemnification

You agree to indemnify and hold harmless QualifyMate, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights. This indemnification obligation survives termination of these Terms.

12. Termination

Either party may terminate this agreement:

• With 30 days' written notice for convenience
• Immediately for material breach of these Terms
• Immediately if required by law or regulatory action

Upon termination, your access to the Service will cease, and we may delete your data in accordance with our data retention policies.

13. Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If a dispute cannot be resolved informally, you agree to participate in good faith mediation before pursuing legal action. Any legal proceedings must be commenced in the courts of New South Wales, Australia, and you consent to the jurisdiction of those courts.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or interruptions in internet or telecommunications services.

15. Severability and Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

ABN: 95689186365

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.