Terms of service

These Terms of Service (Terms) are between you and Trail AI (we, us, our) and govern your access to and use of the Trail AI product, websites, and any related services (collectively, the Service).

By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a brokerage or other entity, you confirm that you have authority to bind that entity, and "you" in these Terms refers to that entity.

The Service is for Australian mortgage brokers, brokerage staff, and aggregator personnel acting in a professional capacity. You must:

• be at least 18 years old;
• hold any licences or authorisations required to operate as a credit assistance provider in Australia (or be a member of a brokerage that holds them);
• have the right to upload to the Service any data you upload, including monthly trail reports from your aggregator.

You sign in by entering a one-time code we email to you (or by using a Google sign-in if available). You are responsible for the activity that occurs under your account. Tell us promptly if you suspect your account has been accessed by someone unauthorised: hello@trailai.com.au.

When you create a team, the email address that created the account becomes the team owner and can invite additional members. Team members have access to the team's uploaded data subject to the role assigned by the owner.

New teams get a 7-day free trial of the paid features. No credit card is required to start the trial. At the end of the trial you must subscribe to a paid plan to continue using gated features (uploads, dashboard, valuation, refinance scoring). Marketing pages and the calculator tools at /calculators remain free.

Subscription plans, prices, and inclusions are listed at trailai.com.au/pricing. All prices are in Australian Dollars and include GST.

We bill subscriptions in advance. Monthly plans renew each month on the day you subscribed; annual plans renew each year. Payments are processed by Stripe; you authorise us (through Stripe) to charge the payment method you provide.

You can change plan, switch between monthly and annual, or cancel at any time from the Billing page inside the app. Cancellation takes effect at the end of the current billing period; the Service remains available until then.

We may change pricing. If we do, we will give you at least 30 days' notice by email before the change applies to your next renewal. You can cancel before the change takes effect if you do not accept the new price.

We do not refund partial months or unused annual periods unless the law requires it (for example, where a "major failure" exists under the Australian Consumer Law).

You agree not to:

• upload data you do not have the right to process — including data for clients who are not yours or for a brokerage you do not act for;
• reverse engineer, copy, or attempt to extract the source code of the Service;
• resell, sublicense, or otherwise commercially redistribute the Service;
• use the Service to send spam, phishing, or unsolicited marketing communications to your clients or anyone else;
• probe, scan, or test the vulnerability of the Service or our infrastructure without our prior written consent;
• use the Service in a way that breaches Australian law (including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)) or any other law that applies to you.

As between you and us, you own all the data you upload (including monthly aggregator statements and any client information in them) and all the outputs the Service generates from it (including valuations, insights, and exports). We do not claim any ownership of that data.

You grant us a limited licence to host, process, copy, and display your data only to the extent needed to provide the Service to you, to maintain and improve the Service, and to comply with the law. We do not use your data to train any AI model and we do not share it with anyone except the sub-processors listed in our Privacy Policy.

You can export your data at any time and you can delete it (or close your account) at any time. See the Privacy Policy for retention timelines and how to make a deletion request.

The Service itself — the source code, the user interface, the brand, the documentation, the AI extraction logic, and any associated documentation — is and remains our property and that of our licensors. Nothing in these Terms transfers ownership of the Service to you. You receive a limited, non-exclusive, non-transferable, revocable right to use the Service while your subscription is active and these Terms apply.

Each party will treat the other party's non-public information as confidential and use it only as needed under these Terms. Confidentiality obligations survive termination of these Terms for as long as the information remains non-public.

We aim to keep the Service available 24/7 but we do not guarantee uninterrupted availability. We may perform scheduled maintenance, and unplanned outages may occur. We will give reasonable notice of scheduled maintenance when it is likely to affect you.

We may add, change, or remove features. We will not materially reduce the functionality of a feature you are actively paying for during your current billing period without offering you a comparable replacement or a pro-rata refund.

We may suspend or terminate your access to the Service if:

• your payment fails and remains unresolved for more than 14 days;
• you materially breach these Terms (including §6 acceptable use);
• we are required to do so by law or by a court order.

You may close your account at any time from the Settings page or by emailing us. We will retain your data per the timelines in our Privacy Policy, then delete it.

The Service is provided "as is". To the extent permitted by law, we exclude all implied warranties about the Service, including warranties of merchantable quality, fitness for a particular purpose, and non-infringement.

Trail AI provides analytics and decision-support information. It does not provide financial product advice, credit advice, or legal advice. You are responsible for your own professional decisions and for verifying the accuracy of any output before relying on it for your own or your clients' benefit.

Nothing in these Terms excludes or limits any consumer guarantee you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by contract.

To the maximum extent permitted by law, our total liability to you in respect of any claims arising out of or in connection with the Service or these Terms is capped at the amount you paid us for the Service in the 12 months immediately before the event giving rise to the claim. Neither party is liable for indirect, consequential, or special loss, including loss of profits, revenue, goodwill, or business opportunities, regardless of whether the loss was foreseeable.

You will indemnify us against any third-party claim arising from your breach of these Terms, your violation of any applicable law, or your upload of data you did not have the right to upload.

Neither party is liable for a failure or delay caused by events outside its reasonable control — for example, natural disaster, war, government action, network or hosting provider outage, or a denial-of-service attack. The affected party must tell the other party of the event and resume performance as soon as practicable.

We may update these Terms from time to time. If a change materially affects your rights we will email you and post a notice on this page at least 14 days before it takes effect. Continued use of the Service after that date constitutes your acceptance of the updated Terms. The "Last updated" date at the top of this page always reflects the current version.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of these Terms.

Questions about these Terms: hello@trailai.com.au. Privacy questions: privacy@trailai.com.au.