Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Tatheon platform, website and related services (the "Service"), provided by Tatheon Pty Ltd ("Tatheon", "we", "us" or "our"). By accessing or using the Service, or by agreeing to these Terms in an order or sign-up, you agree to be bound by them. If you are using the Service on behalf of a business, you confirm you have authority to bind that business.

1The Service

Tatheon provides a reporting and business-intelligence platform for ecommerce brands. The Service connects to third-party data sources you authorise, such as your advertising, analytics, ecommerce, email and subscription platforms, and presents that information back to you in a single operating view, along with related analytics, forecasting and, where enabled, workflow features. We may add, change or remove features over time to improve the Service.

2Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You are responsible for the accuracy of the information you provide and for keeping your account credentials secure.
• You are responsible for all activity that occurs under your account, and for the acts and omissions of users you invite or authorise.
• Notify us promptly at admin@tatheon.com if you become aware of any unauthorised use of your account.

3Connected accounts and third-party services

The Service works by connecting to third-party platforms that you authorise. When you connect a platform:

• you confirm you are permitted to grant that access and to allow Tatheon to retrieve and process the relevant data;
• you authorise Tatheon to access, retrieve and process data from that platform to provide the Service;
• your use of each third-party platform remains subject to that provider's own terms, and we are not responsible for those services or for changes they make to their access, data or APIs.

4Acceptable use

You agree not to, and not to permit anyone else to:

• use the Service in breach of any law, regulation or third-party right, or the terms of any connected platform;
• access data you are not authorised to access, or connect an account you do not own or control without permission;
• attempt to reverse-engineer, copy, resell, sublicense or create derivative works of the Service except as permitted by law;
• probe, scan or test the vulnerability of the Service, or breach or circumvent its security or access controls;
• upload malicious code, or interfere with or disrupt the integrity or performance of the Service; or
• use the Service to build a competing product or service.

5Fees and payment

• Access to paid plans is charged according to the pricing and billing terms set out in your order or sign-up.
• Unless stated otherwise, fees are charged in advance, are non-refundable except as required by law, and exclude taxes, which you are responsible for.
• Subscriptions renew for successive terms unless cancelled before the end of the current term. We may change pricing on renewal with reasonable prior notice.
• If payment is overdue, we may suspend the Service after reasonable notice.

6Your data

As between you and Tatheon, you retain all rights in the data you provide and the connected business data we process on your behalf ("Your Data"). You grant Tatheon a non-exclusive licence to host, process and use Your Data solely to provide and improve the Service and as described in our Privacy Policy. We may use aggregated and de-identified data, which does not identify you or any individual, to operate, analyse and improve the Service.

7Intellectual property

The Service, including its software, design, and content (excluding Your Data), is owned by Tatheon and its licensors and is protected by intellectual-property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription. We reserve all rights not expressly granted.

8Confidentiality

Each party may receive confidential information of the other. The receiving party will protect that information with reasonable care and use it only to exercise its rights and perform its obligations under these Terms. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed.

9Service availability and support

We work to keep the Service available and reliable, but we do not warrant that it will be uninterrupted or error-free. We may perform maintenance, and may modify or discontinue features. Where a specific availability or support commitment applies, it will be set out in your order or a separate agreement.

10Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all warranties not expressly stated in these Terms. Data drawn from third-party platforms depends on those platforms and their accuracy; we are not responsible for errors, gaps or delays originating from connected sources.

11Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of such a guarantee can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of having it re-supplied.

12Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the fees you paid to Tatheon for the Service in the twelve months before the event giving rise to the liability.

13Indemnity

You agree to indemnify Tatheon against claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or your connection of accounts or data you were not authorised to connect.

14Suspension and termination

• You may stop using the Service and cancel your subscription at any time in accordance with your plan.
• We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to the Service, us or others.
• On termination, your right to use the Service ends. We will, on request and within a reasonable period, make Your Data available for export or delete it, subject to any legal retention obligations.

15Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you and will update the "last updated" date above. Continued use of the Service after changes take effect means you accept the updated Terms.

16Governing law

These Terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that state and the courts of appeal from them.

17Contact us

Questions about these Terms can be directed to: