Terms of Service | Trendmill

1. Agreement to Terms

By accessing or using Trendmill ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Trendmill is a competitive intelligence platform that helps Australian retail brands track and analyse competitor marketing activities. Our Service includes:

Tracking publicly available competitor marketing content (emails, social media posts, advertisements)
AI-powered analysis and categorisation of marketing assets
Dashboard and reporting tools for competitive insights
Alerts and notifications about competitor activity

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your password and accept responsibility for all activities under your account
Notify us immediately of any unauthorised use of your account

You must be at least 18 years old to create an account and use the Service.

4. Subscription and Billing

4.1 Subscription Plans

Trendmill offers subscription-based access to the Service. By subscribing, you agree to pay the applicable fees for your chosen plan.

4.2 Billing Cycle

Subscriptions are billed in advance on a monthly basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

4.3 Price Changes

We reserve the right to modify our pricing at any time. Any price changes will be communicated to you in advance and will apply from your next billing cycle.

4.4 Refunds

Subscription fees are non-refundable except where required by law. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period.

5. Acceptable Use

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Access or collect data that you do not have permission to access
Interfere with or disrupt the Service or servers connected to the Service
Attempt to gain unauthorised access to any part of the Service
Use the Service for any purpose that is unlawful or prohibited by these Terms
Resell, redistribute, or sublicense the Service or any data obtained through the Service without our prior written consent
Use automated systems or software to extract data from the Service for commercial purposes

6. Intellectual Property

6.1 Our Content

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Trendmill. The Service is protected by copyright, trademark, and other laws.

6.2 Competitor Data

The competitor marketing data we collect is sourced from publicly available sources. We do not claim ownership of this third-party content. The use of competitor data is subject to applicable laws and the terms of the platforms from which it is sourced.

6.3 Your Content

You retain ownership of any content you submit to the Service. By submitting content, you grant us a licence to use, modify, and display that content in connection with providing the Service.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to:

Implied warranties of merchantability or fitness for a particular purpose
Warranties that the Service will be uninterrupted or error-free
Warranties regarding the accuracy or reliability of any information obtained through the Service

We do not guarantee the completeness, accuracy, or timeliness of competitor data. The insights provided are for informational purposes and should not be the sole basis for business decisions.

9. Limitation of Liability

To the maximum extent permitted by law, Trendmill shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your use or inability to use the Service
Any unauthorised access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the Service
Any bugs, viruses, or other harmful code that may be transmitted through the Service

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Trendmill, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Contact Us

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

Email: legal@trendmill.com.au