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 the Service only for lawful purposes and in accordance with these Terms. The restrictions in this Section 4 apply to you, to anyone you permit to access the Service through your account, and to any person or entity acting on your behalf. The lists below are examples and are not exhaustive.

4.1 General Prohibitions

You must not:

• Use the Service for any unlawful, fraudulent, misleading or deceptive purpose, or in breach of any Australian Commonwealth, State or Territory law, regulation, regulatory guidance, or industry code applicable to you or to your use of the Service
• Infringe or misappropriate any intellectual property, privacy, confidentiality or contractual right of QualifyMate or any third party
• Breach the Privacy Act 1988 (Cth), the Australian Privacy Principles, or any notifiable data breach obligations, when uploading, processing, or sharing personal information via the Service
• Use the Service in a manner that is defamatory, harassing, threatening, discriminatory, or otherwise objectionable
• Use the Service in a way that interferes with any other user's use or enjoyment of the Service

4.2 Security and Access Controls

You must not:

• Attempt to gain unauthorised access to the Service, to other user accounts, to QualifyMate's systems, or to any network connected to the Service
• Introduce or transmit any malware, virus, worm, trojan, ransomware, or other malicious code
• Circumvent, disable, or interfere with authentication, rate limits, access controls, logging, or any other security-related feature of the Service
• Engage in any conduct in connection with the Service that would constitute an offence under Part 10.7 (Computer offences) of the Criminal Code Act 1995 (Cth)
• Share, sell, transfer, or otherwise disclose account credentials, API keys, session tokens, or multi-factor authentication devices to any third party
• Impersonate any person, misrepresent your affiliation with any person or entity, or create accounts using false, borrowed, or misleading identities

4.3 Automated Access, Scraping, and Data Mining

You must not:

• Access the Service through any automated means — including bots, scrapers, crawlers, spiders, headless browsers, or offline readers — other than functionality QualifyMate expressly exposes for automated use (such as an officially documented API or the authorised QualifyMate Chrome extension)
• Systematically retrieve, harvest, index, cache, or compile data, metadata, classifications, filenames, summaries, prompts, or any other Service output to build or populate a database, dataset, directory, or benchmark collection
• Use the Service — or any data, output, prompt, schema, classification, or response generated by the Service — to train, fine-tune, evaluate, benchmark, validate, or otherwise develop any machine-learning model, large language model, or artificial intelligence system
• Submit requests at a volume, frequency, or pattern that imposes an unreasonable or disproportionate load on QualifyMate's infrastructure, or that is inconsistent with normal business use by a mortgage or credit professional
• Collect or harvest email addresses, usernames, applicant details, or any other information from the Service for the purpose of sending unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth), or for telemarketing in breach of the Do Not Call Register Act 2006 (Cth)

4.4 Reverse Engineering, Competitive Use, and Anti-Copying

You must not, and must not permit, encourage, or assist any third party to:

• Copy, reproduce, mirror, frame, scrape, adapt, translate, or create derivative works of any part of the Service, including its source code, object code, software, databases, APIs, classification taxonomies, document schemas, prompt templates, workflow logic, report formats, user interface, visual design, or overall "look and feel"
• Decompile, disassemble, decipher, or reverse engineer any part of the Service, or attempt to derive the source code, underlying ideas, algorithms, file structures, or organisation of the Service, except to the limited extent, and only to the extent, that such activity is expressly permitted by a non-excludable provision of applicable Australian law (including sections 47B to 47F of the Copyright Act 1968 (Cth) relating to interoperability, error correction, and security testing). Where such activity is permitted, you must first request the information you require from QualifyMate in writing and give QualifyMate a reasonable opportunity to provide it
• Use the Service, any trial, free tier, evaluation, or demonstration of the Service, or any information obtained about the Service, for the purpose of building, training, marketing, benchmarking, or improving any product or service that competes with QualifyMate or any QualifyMate product
• Disclose, publish, or share screenshots, recordings, benchmarks, performance metrics, response times, accuracy assessments, classification outputs, or any other non-public information about the Service (including pricing terms not publicly listed) to any third party, except as required by law or with QualifyMate's prior written consent
• Access or use the Service on behalf of, or for the benefit of, any competitor of QualifyMate, or permit any competitor of QualifyMate to access the Service through your account
• Remove, obscure, or alter any proprietary notice, trademark, logo, copyright notice, or attribution appearing in or on the Service, its outputs, or any documentation

4.5 Content, Upload, and Mortgage/Credit Compliance

You must not:

• Upload, submit, or process any document or data that is false, misleading, fraudulent, forged, or materially inaccurate, or that you know or should reasonably suspect has been obtained unlawfully
• Use the Service in a way that breaches your obligations under the National Consumer Credit Protection Act 2009 (Cth), the National Credit Code, applicable ASIC regulatory guidance (including RG 209 and RG 273), or the best interests duty applicable to mortgage brokers
• Use the Service to structure, facilitate, or conceal any transaction in breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or any rules made under it
• Upload personal information about an applicant or any other individual without the authority and consent required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, or in a manner inconsistent with the privacy notices you have provided to the relevant individual
• Represent to any consumer, lender, or regulator that any report or output generated by the Service constitutes personal financial advice, credit assistance, or a credit quote, unless you are separately licensed and authorised to provide such advice or assistance
• Use the Service to process documents or data that are not reasonably connected to the assessment of a genuine prospective mortgage or credit application

4.6 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

4.7 Consequences and Non-Derogation

We may investigate any suspected breach of this Section 4, suspend or terminate your access, preserve and disclose relevant logs and records to law enforcement or regulators where required, and seek injunctive and other equitable relief in addition to damages. You acknowledge that a breach of Section 4.4 in particular may cause QualifyMate harm for which monetary damages alone would not be an adequate remedy.

Nothing in this Section 4 operates to exclude, restrict, or modify any right or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law. To the extent that any prohibition in this Section 4 is found to be unenforceable against you under applicable Australian law, that prohibition applies only to the maximum extent permitted, and the remainder of this Section 4 continues in full force.

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.

Changes to Pricing and Plan Features

We may change our pricing, fees, or the features included in each plan at any time. If we do, we will give you at least 30 days' written notice (via email or in-app notification) before the changes take effect. Changes apply from your next billing cycle after the notice period. If you do not agree with the changes, you may cancel your subscription before they take effect.

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.