Mine legal

Mine Brand Platform Terms

These terms govern access to and use of Mine’s brand platform, including audiences, insights, billing and account responsibilities.

Effective date: 23 October 2026 Updated 22 October 2026 Version 2.1

1. About these Terms

1.1 These Brand Platform Terms (Terms) form an agreement between:

(a) Mine Technologies Pty Ltd (ABN 24 693 393 127, ACN 693 393 127) (Mine, we, us or our); and

(b) the organisation identified when the brand account is created (Brand, you or your).

1.2 If you create or use a Brand account on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

1.4 By creating a Brand account, selecting the acceptance box or continuing to use the Platform after being notified of an updated version, the Brand agrees to these Terms.

1.5 Mine’s Privacy Policy explains how Mine handles personal information, including information about Brand Representatives, Mine members and Store Customers whose Purchase Data is supplied through a Commerce Integration.

1.6 Some Commerce Integrations may also be subject to a Data Processing Schedule, provider terms, displayed permissions or other feature-specific terms. Those documents form part of the agreement where the Brand accepts them or uses the relevant feature.

2. About Mine

2.1 Mine is a privacy-first audience insights platform.

2.2 The Platform allows participating brands to:

(a) create and manage a Mine Brand Audience;

(b) invite or add eligible Mine members;

(d) manage Active and Pending Members;

(e) view aggregated audience insights;

(f) compare Brand website attention with selected competitor website attention;

(g) set an Active User Cap;

(h) view billing information;

(i) manage payment settings;

(j) connect supported ecommerce or other data services, including Shopify;

(k) authorise Mine to receive and process permitted Purchase Data;

(l) view aggregated or modelled Commerce Insights; and

(m) measure observed or estimated commercial outcomes associated with investment in a Brand Audience.

2.4 Mine does not provide the Brand with direct access to a member’s name, email address, contact details, Mine account identity, raw DNS requests, complete URLs, individual website signal records, individual purchase match, individual purchase history or complete browsing history.

2.5 A Commerce Integration is a data connector. Unless Mine expressly states otherwise, the Mine web dashboard remains the primary place where the Brand accesses insights and manages its Brand Audience.

3. Definitions

In these Terms:

Active Member means a Mine member whose status for the Brand is recorded as active.

Active User Cap means the maximum number of Active Members the Brand has selected, subject to Mine’s minimum-cap rules.

Audience Builder means Mine’s tool for finding eligible members outside the Brand’s existing Mine audience using selected Brand or competitor website signals and other available criteria.

Audience Insights means aggregated or audience-level metrics, reports, scores, counts, percentages, trends and related outputs made available through the Platform.

Audience Return means an estimated revenue multiple calculated by dividing Estimated Incremental Revenue by the applicable Mine Investment. Audience Return is not the same as profit-based return on investment.

Audience ROI means an estimated profit-based measure calculated using a contribution margin or other profit input supplied or confirmed by the Brand, less the applicable Mine Investment, divided by that Mine Investment.

Billing Month means a calendar month.

Brand Audience means the group of Mine members associated with the Brand through the Platform.

Brand Data means information, content and material supplied by or on behalf of the Brand, including its name, logo, website, competitor configuration, campaign markers, notes and account information.

Bonus Reward means a one-time A$10.00 Australian-dollar Member wallet reward, if and when the Bonus Reward feature is made available and the reward is validly authorised and sent under the applicable Mine program rules.

Bonus-Reward Usage Event means a Shopify usage event priced at US$11.20 for a Bonus Reward that is validly authorised and sent after the Bonus Reward feature is made available. The feature is not currently live. A draft, saved draft or preparation record is not an authorised or sent Bonus Reward and is not billable.

Brand Representative means an individual who accesses or administers the Brand account on behalf of the Brand.

Billable Member means an Active Member who satisfies the applicable monthly qualification requirements and is included in the Brand’s final billing snapshot.

Commerce Integration means a connection between the Platform and a supported third-party commerce or data service, including Shopify.

Commerce Insights means aggregated, statistical or modelled outputs derived wholly or partly from Purchase Data, which may include observed revenue, purchaser counts, purchase rate, repeat purchase rate, average order value, purchase frequency, sales uplift, Estimated Incremental Revenue, Audience Return, Audience ROI and related confidence or evidence indicators.

Commerce Provider means a third-party service connected to Mine by or for the Brand, including Shopify.

Data Processing Schedule means any privacy or data-protection terms applying specifically to a Commerce Integration or to Mine’s processing of Purchase Data.

Estimated Incremental Revenue means revenue estimated by Mine’s stated methodology to be above a modelled baseline or comparison outcome. It is an estimate and not a statement of deterministic attribution.

Matched Member means a Member who has a current Share Signals consent and active matching identity and whose permitted identifier Mine has privately matched to Purchase Data for the Brand.

Member Reward means an amount denominated in Australian dollars and credited to a Member wallet under the applicable Mine program rules. The standard monthly Member Reward is A$1.00 where the Member and Billing Month qualify under sections 12 and 13. A Bonus Reward, if and when the feature is made available and a reward is validly authorised and sent, is A$10.00.

Mine Investment means the applicable Mine program cost used in a Commerce Insight, ordinarily the Shopify usage charges attributable to the measured audience and period, excluding applicable taxes and after applicable credits or refunds, unless the relevant insight states another basis. This measure does not represent Mine’s net proceeds, margin or cash settlement.

No-Payment-Method Threshold means the Brand’s ability to maintain and access available insights for up to 10 Active Members without adding a payment method, as described in section 12.

Paid Billing Month means a Billing Month in which the Brand has more than 10 Active Members at any time during that month.

Member means an individual user of the Mine member service.

Pending Member means a Mine member associated with the Brand but not currently active in the Brand Audience.

Purchase Data means order, payment, refund, cancellation and related commerce information supplied to Mine through a Commerce Integration, limited to the fields Mine identifies as necessary for the relevant feature.

Purchase Matching means Mine’s private process for comparing a permitted Store Customer identifier with the verified identifier of a consenting Member to measure aggregated outcomes without disclosing an individual match to the Brand.

Qualified Member means a member who satisfies Mine’s global monthly activity qualification rule for the relevant Billing Month.

Qualified-Member Usage Event means a usage event submitted to Shopify under Shopify App Pricing for a Billable Member determined under sections 12 and 13. The event price is US$2.00. The Billing Month determines member qualification; it is not necessarily the Shopify billing-cycle or invoice period.

Shopify means Shopify Inc. and its applicable affiliates and services.

Shopify App Pricing means the usage-based app pricing and billing terms presented by Shopify for the Mine Shopify app.

Store Customer means a person whose information is contained in Purchase Data received from the Brand’s connected store, whether or not that person is a Member.

4. Brand eligibility and authority

4.1 The Platform is available to organisations operating for lawful business or organisational purposes.

4.2 The person creating the Brand account must:

(a) be at least 18 years old;

(b) have authority to act for and bind the Brand;

(d) use a work or organisational email address where reasonably available.

4.3 Mine may request information reasonably required to verify:

(a) the Brand’s identity and existence;

(b) a representative’s authority;

(d) billing information;

(e) the Brand’s ownership or lawful control of a connected store or Commerce Provider account;

(f) the Brand Representative’s authority to authorise a Commerce Integration; or

(g) compliance with these Terms.

4.4 By connecting a Commerce Provider, the Brand represents that:

(a) it operates, owns or is authorised to administer the connected store or account;

(b) the Brand Representative completing the connection is authorised to grant the displayed permissions and bind the Brand;

(c) the Brand is entitled to make the relevant Purchase Data available to Mine for the purposes described in these Terms, the Privacy Policy and any Data Processing Schedule; and

(d) the connection and supply of Purchase Data comply with applicable law, the Brand’s customer notices and the Commerce Provider’s applicable terms.

4.5 The Brand must notify Mine promptly if:

(a) a Brand Representative no longer has authority;

(b) account credentials are compromised;

(d) information supplied to Mine becomes materially inaccurate;

(e) the Brand ceases to control or be authorised to use a connected store or Commerce Provider account;

(f) the Brand becomes aware that Purchase Data was provided without required authority, notice or consent; or

(g) the Brand receives a privacy request, complaint or regulatory inquiry materially affecting Mine’s processing of Purchase Data.

5. Brand account and authorised access

5.1 The Brand is responsible for keeping account credentials secure and limiting access to authorised personnel.

5.2 The Brand is responsible for activity carried out through its account unless the activity resulted from Mine’s failure to take reasonable security precautions.

5.3 The Brand must not:

(a) share credentials with unauthorised persons;

(b) sell, transfer or sublicense account access;

(d) attempt to access another Brand’s account or data.

5.4 Where Mine supports multiple Brand Representatives, the Brand is responsible for managing their access and permissions.

5.5 Mine may rely on instructions given by a person using valid Brand credentials unless Mine knows or reasonably suspects that the person lacks authority.

6. Brand onboarding and configuration

6.1 During onboarding, the Brand must provide the information requested by Mine, which may include:

(a) Brand name;

(b) primary website;

(d) five competitor websites;

(e) billing information;

(f) a connected store or Commerce Provider account;

(g) privacy and data-protection confirmations; and

(h) other information reasonably required to configure the Brand account or Commerce Integration.

6.2 A Brand that installs Mine through Shopify or another Commerce Provider may be required to authorise the provider connection before creating or linking a Mine Brand account. The provider installation and the Mine Brand account are separate records and are linked only after Mine completes its account-linking process.

6.3 The initial Active User Cap must be at least 200.

6.4 The Brand must provide exactly five valid competitor websites unless Mine expressly permits another number.

6.5 The Brand must not submit:

(a) duplicate competitor websites;

(b) a competitor website that is the same as the Brand’s primary website;

(d) a Mine-owned website as a competitor; or

(e) a knowingly false, misleading or invalid domain.

6.6 The Brand’s primary website and competitor configuration are locked after onboarding for reporting consistency.

6.7 Mine may correct obvious formatting or domain-normalisation issues.

6.8 A request to change the primary website or competitor configuration after onboarding is subject to Mine’s approval. Mine may refuse or delay a change where it could undermine historical reporting, billing integrity, member expectations or data consistency.

6.9 The Brand is responsible for checking its website, competitor configuration and connected-store identity before completing onboarding or account linking.

7. Brand Audience

7.1 The Brand Audience may include members who:

(a) join through a Brand invitation or link;

(b) are added through Audience Builder;

(d) enter through another Platform feature described by Mine.

7.2 A member’s presence in the Brand Audience does not mean:

(a) the Brand receives that member’s identity;

(b) the Brand receives individual website activity;

(d) the member is a customer of the Brand;

(e) the member has agreed to receive direct marketing from the Brand; or

(f) the member will qualify for payment in every Billing Month;

(g) the member currently has Share Signals on or has an active matching identity;

(h) Mine has matched the member with a Store Customer;

(i) the member has purchased from the Brand; or

(j) the Brand is entitled to receive individual purchase information about the member.

(a) every Brand has connected a Commerce Integration;

(b) every Store Customer record will match a Member;

(d) an individual match will be disclosed to the Brand.

7.4 Mine members may be able to see that the Brand is accessing their signals and, where applicable, that the Brand participates in Purchase Matching.

7.6 Mine may remove, suspend or change a Member’s audience status or matching eligibility where required by the Member’s instructions, these Terms, the Member Terms, law, privacy requirements, fraud controls or Platform operations.

7.7 The Brand does not own the members in its Brand Audience and has no entitlement to receive their identities, contact details, individual matches or individual purchase histories.

8. Audience Builder

8.1 Audience Builder allows the Brand to select available criteria, such as:

(a) a recent time range;

(b) the Brand’s primary website;

(d) broad geographic eligibility; and

(e) the number of members the Brand wishes to add.

8.2 Audience Builder may identify eligible members outside the Brand’s existing Mine audience who have generated relevant website activity signals.

8.3 The Brand receives only an available count or other aggregated preview. The Brand does not choose named individuals or receive their identities.

8.4 A preview is temporary and may expire.

8.5 A preview does not reserve members or guarantee that the same number will remain available when the Brand confirms activation.

8.6 Mine may exclude members for reasons including:

(a) existing Brand Audience status;

(b) account eligibility;

(d) member blocking or removal preferences;

(e) fraud or test-account controls;

(f) Active User Cap restrictions;

(g) payment-method requirements; or

(h) changed or expired signal eligibility.

8.7 Members added through Audience Builder become part of the Brand Audience in accordance with the Platform’s status and activation rules.

8.8 Mine does not guarantee that Audience Builder will return a minimum number of eligible members.

9. Pending Members

9.1 Pending Members are not Active Members.

9.2 Pending Members do not count towards the No-Payment-Method Threshold, Active User Cap usage or billing as Active Members until activated.

9.3 The Brand may activate available Pending Members through the Platform, subject to:

(a) the Active User Cap;

(b) payment-method requirements;

(d) Platform availability; and

(e) any other displayed restriction.

9.4 Activating a Pending Member may affect future billing.

9.5 Mine may determine the order in which Pending Members are activated, including using an oldest-first rule or another fair and consistently applied method.

10. Active User Cap

10.1 The Active User Cap is a forward-looking audience and billing control.

10.2 The Active User Cap must:

(a) be at least 200; and

(b) not be lower than the Brand’s current number of Active Members.

10.3 The Brand may increase the Active User Cap through Brand Settings.

10.4 To reduce the Active User Cap below the current Active Member count, the Brand must first reduce its Active Members using an available Platform feature.

10.5 Changing the Active User Cap:

(a) affects future audience growth;

(b) does not retrospectively change a previous billing snapshot;

(d) does not remove an existing member automatically.

10.6 Mine will use reasonable measures to prevent the Platform from activating members above the Active User Cap.

10.7 If a technical error causes the Active User Cap to be exceeded, Mine will investigate and make any appropriate billing correction.

11.2 The available periods may include 7, 30, 90 or 365 days.

11.3 The Brand chooses the number of eligible members to remove. Mine selects those members internally.

11.4 The Brand does not receive:

(a) the identities of the members considered or removed;

(b) their individual browsing histories;

(d) the internal selection list.

11.6 Removed members cease to be Active Members prospectively.

(a) rewrite billing history;

(b) reverse a valid current-month billing entitlement;

(d) remove a member payment already validly earned.

11.8 A member who was active during a Billing Month and later removed may still be a Billable Member for that month.

12. No-Payment-Method Threshold

12.1 A Brand may maintain up to 10 Active Members and access the available Audience Insights without adding a payment method.

12.2 A verified payment method is required before the Brand can deliberately activate an 11th Active Member through Brand-controlled audience tools, unless Mine expressly agrees otherwise in writing.

12.2A A Member-driven join through the Brand’s invitation link may still add that Member as Active even if the Brand has no verified payment method. If that join takes the Brand above 10 Active Members, Mine may lock or limit Brand dashboard access until the Brand adds a verified payment method. The resulting month may be a Paid Billing Month under section 12.6.

12.3 Pending Members do not count towards the 10-member threshold until activated.

12.4 The 10-member threshold is not a permanent allowance under which the first 10 members remain free after the Brand enters paid usage.

12.5 If the Brand has no more than 10 Active Members throughout a Billing Month:

(a) that month is not a Paid Billing Month;

(b) Mine does not submit or charge Shopify usage events for those members for that month; and

12.6 If the Brand has more than 10 Active Members at any time during a Billing Month:

(a) that month is a Paid Billing Month;

(b) all Billable Members for that month are charged under section 14, including the first 10 Active Members; and

12.7 For clarity:

(a) 10 Active Members throughout a Billing Month means no Shopify usage events or related usage charges for that month; and

(b) 11 Active Members at any time during a Billing Month means all Qualified Members who otherwise meet the Billable Member requirements may be billed for that month.

12.8 Adding a verified payment method does not, by itself, create a charge. Charges arise only under the billing rules in these Terms.

12.9 A verified payment method does not permit the Brand to exceed its Active User Cap.

12.10 Mine will not retrospectively charge the Brand for a completed Billing Month in which the Brand remained at or below 10 Active Members throughout that month.

13. Monthly qualification and billing eligibility

13.1 Mine uses a global monthly activity rule to determine whether a member qualifies for a Billing Month.

13.3 The intended thresholds are:

(a) 7 activity days in a 31-day month;

(b) 6 activity days in a 30-day month;

(d) 6 activity days in a 28-day month.

13.4 For a Paid Billing Month, a member is generally billable to the Brand where:

(a) the member was Active for the Brand at any time during that month;

(b) the member qualified globally for that month;

(d) no valid exclusion, correction or credit applies.

13.5 A member does not need to visit the Brand’s website in the Billing Month to qualify for payment.

13.7 Removing a member during the month does not erase billing eligibility already established for that month.

13.8 Mine uses automated rules and billing snapshots to calculate Billable Members and whether a Billing Month is a Paid Billing Month.

13.9 Mine may correct a manifest calculation, duplication, fraud or system error.

13.10 Mine may change the qualification rule for future Billing Months by giving reasonable advance notice.

13.11 Mine will not ordinarily apply a less favourable qualification change retrospectively to a completed Billing Month.

14. Pricing

14.1 For each Paid Billing Month, Mine may submit a Qualified-Member Usage Event for each Billable Member under Shopify App Pricing at US$2.00 per event, subject to applicable credits, corrections and taxes.

14.2 The standard monthly Member Reward is A$1.00 in Australian dollars for each Member who qualifies for that reward under sections 12 and 13. It is a separate Member reward amount, not an allocation or fixed share of the US$2.00 usage price. These Terms do not promise a fixed AUD Mine fee, margin, net receipt or exchange result.

14.3 If and when the Bonus Reward feature is made available, a validly authorised and sent Bonus Reward may generate a Bonus-Reward Usage Event at US$11.20 per event. The corresponding Member wallet reward is A$10.00 in Australian dollars. The feature is not currently live, and no Brand can currently authorise or send a Bonus Reward. Drafting, saving or preparing a Bonus Reward does not create a usage event or charge.

14.4 The US$2.00 and US$11.20 amounts are usage-event prices, not guaranteed tax-inclusive totals. Applicable GST or other taxes, if any, are dealt with under applicable law and the billing record for the charge. No fixed tax amount or total is stated here.

14.5 Shopify may bill a merchant in a currency converted from the USD usage-event price. Shopify determines the billing presentation and any currency conversion under its applicable terms and processes. Mine does not promise that a Shopify invoice, merchant charge, payout or cash settlement will be denominated or settled in USD or AUD, or at any particular exchange rate.

14.6 Mine may offer discounts, credits, trials or promotional pricing. Any additional conditions will be shown when the offer is made.

14.7 Shopify usage-event prices in this section are stated in US dollars. Member Reward and Bonus Reward wallet amounts are stated in Australian dollars. A stated currency for a usage price or wallet amount does not establish the invoice, merchant-billing or settlement currency.

15. Billing snapshots

15.1 Mine prepares a billing snapshot for each relevant Brand and Billing Month.

15.2 A billing snapshot may include:

(a) the Billing Month;

(b) the number of Billable Members;

(d) any Bonus-Reward Usage Events submitted after the feature is made available;

(e) usage prices, applicable taxes or credits, where available;

(f) payment or usage status; and

(g) related Shopify billing references.

15.2A The Billing Month is the calendar month used to determine member eligibility under section 13. Shopify may aggregate, bill or invoice submitted usage events according to a separate Shopify billing cycle. Those periods need not begin or end on the same dates.

15.3 A dashboard estimate or in-progress snapshot may change before finalisation due to:

(a) monthly qualification;

(b) member status changes;

(d) corrections;

(e) fraud checks;

(f) No-Payment-Method Threshold or paid-usage status; or

(g) applicable credits.

15.4 Once finalised, the billing snapshot is Mine’s primary record of the Billing Month’s eligibility and associated usage events, subject to correction of manifest errors. It does not replace a Shopify invoice or determine Shopify’s billing cycle, invoice currency or settlement.

15.5 Mine will use reasonable safeguards against duplicate billing.

16. Invoices and payment

16.1 Shopify App Pricing usage charges are billed through the Brand’s Shopify billing account under Shopify’s applicable app-billing flow and terms. These Terms do not authorise Mine to charge a separate payment method for the same Shopify usage event.

16.2 The Billing Month is used for member qualification and Mine’s usage-event records. Shopify may bill usage events on its own billing cycle, which may not coincide with month end or the Billing Month.

16.3 A Stripe invoice issued for a billing period before the effective date of version 2.1 remains a legacy Stripe invoice for that original period. This version does not relabel or reissue it as a Shopify invoice or usage event, change its original amount or currency, or remove any existing payment, credit, correction or dispute process that applies to it. A dispute about such an invoice must identify and refer to the original Stripe invoice and billing period.

16.4 The Brand must maintain the payment method required by Shopify for Shopify App Pricing and, for any legacy Stripe invoice that remains payable, the payment method required under that invoice.

16.5 The Brand is responsible for:

(a) ensuring sufficient funds or credit are available;

(b) keeping billing information current;

(d) notifying Mine promptly of a suspected error.

16.6 For legacy Stripe invoices, full card details are handled by Stripe and are not stored by Mine. Mine may retain limited billing information, including payment status and payment references, needed to administer those invoices and related disputes. Shopify handles billing information for Shopify App Pricing under its own applicable terms.

16.7 A payment is not treated as cleared until Mine receives confirmation through the applicable payment process.

16.8 A Shopify usage record or invoice does not by itself confirm that funds have cleared to Mine. Member Rewards associated with a Billing Month may be allocated only under the applicable Mine program rules and after confirmation through the applicable payment process that relevant funds have cleared. This clause does not promise a payment date, invoice currency or cash-settlement currency.

17. Failed or overdue payments

17.1 If an invoice is unpaid or payment fails, Mine may:

(a) notify the Brand;

(b) retry the payment;

(d) pause new audience activation;

(e) restrict access to some or all Platform features;

(f) suspend the Brand account; or

(g) take reasonable steps to recover the amount owed.

17.2 Except where fraud, security or repeated payment failure requires immediate action, Mine will ordinarily give the Brand a reasonable opportunity to correct the payment issue.

17.3 Suspension does not cancel amounts already incurred.

17.4 Mine will not charge interest, collection costs or late fees unless they are:

(a) disclosed before they are incurred;

(b) reasonably related to Mine’s actual costs; and

17.5 Mine may restore access after overdue amounts are paid and a valid payment method is available.

18. Billing disputes, corrections and refunds

18.1 The Brand may request a review of:

(a) an invoice;

(b) a billing snapshot;

(d) a duplicate charge;

(e) a payment failure; or

(f) another billing calculation.

18.2 A review request should be sent to brad@mineinsights.com.au within 30 days after the relevant invoice is issued. This time limit does not exclude or restrict any right that cannot lawfully be excluded or restricted.

18.3 The request should identify:

(a) the Brand account;

(b) the relevant Billing Month or invoice;

(d) the reason for the dispute.

18.4 Mine will investigate and respond within a reasonable period.

18.5 The Brand must pay any undisputed portion of an invoice when due.

18.6 Charges are generally non-refundable once validly incurred.

18.7 Mine may provide a refund or account credit where:

(a) the Brand was charged in error;

(b) duplicate billing occurred;

(d) Mine agrees to an exceptional commercial resolution; or

(e) a refund is required by law.

18.8 A refund does not normally reverse a Member Earning already validly allocated unless the original charge arose from fraud, duplication, manifest error or another lawful basis for reversal.

18.9 This section does not limit any non-excludable right or remedy.

19. Cancellation by the Brand

19.1 There is no minimum contract period unless the Brand separately agrees to one in writing.

19.2 The Brand may request cancellation at any time through Brand Settings or by contacting Mine. Mine may require reasonable account-security checks before accepting or processing the request.

19.3 The Brand may disconnect a Commerce Integration without cancelling the Brand account. Disconnecting a Commerce Integration is governed by section 21A and does not itself cancel the Brand’s paid audience service.

19.4 Cancellation takes effect at the start of the next calendar month in Australia/Adelaide time, after the current Billing Month has ended.

19.5 From the time Mine accepts a cancellation request:

(a) new audience growth may be disabled immediately;

(b) the Brand may continue to access its existing dashboard until cancellation takes effect, subject to these Terms;

(d) billing continues for the current Billing Month; and

(e) the Brand remains responsible for charges validly incurred.

19.6 Cancellation does not:

(a) cancel an invoice already issued;

(b) reverse charges for a completed or current Billing Month;

(d) entitle the Brand to a refund except under section 18.

19.7 Mine may place the account into a scheduled, processing, read-only or failed-closed state while cancellation is being completed. A processing error does not restore audience growth or remove valid payment obligations.

20. Brand account closure and data retention

20.1 When closure takes effect, Mine may:

(a) keep new audience additions disabled;

(b) end or deactivate Brand Audience relationships prospectively;

(d) finalise the current Billing Month;

(e) issue any final invoice;

(f) close Brand Representative access;

(g) disconnect Commerce Integrations and stop collecting new Purchase Data;

(h) revoke, delete or make unusable connection credentials and access tokens; and

(i) delete or de-identify information that is no longer required.

20.2 Mine may retain limited records after closure where reasonably required for:

(a) billing and payment;

(b) accounting and tax;

(d) legal acceptance;

(e) fraud and security;

(f) privacy requests and provider compliance;

(g) disputes; or

(h) compliance with law.

20.3 Closure does not require Mine to delete or alter properly de-identified analytics or aggregated Commerce Insights that no longer relate to an identifiable person.

20.4 The Privacy Policy describes Mine’s retention practices in more detail.

20.5 Purchase Data and pseudonymous purchase records are retained only for the periods described in the Privacy Policy, any Data Processing Schedule or the applicable Commerce Provider requirements, subject to law.

21. Information and insights provided to the Brand

21.1 Mine provides aggregated Audience Insights and, where a Commerce Integration is connected and sufficient data is available, Commerce Insights.

21.2 Audience Insights and Commerce Insights may include:

(a) Active and Pending Member counts;

(b) website and competitor reach;

(d) repeat-attention categories;

(e) engagement trends;

(f) age or sex distributions;

(g) Brand and competitor attention measures;

(h) Brand Affinity or similar calculated scores;

(i) campaign markers;

(j) aggregated purchasers and net revenue;

(k) purchase rate, repeat purchase rate, average order value and purchase frequency;

(l) observed changes following Mine rewards;

(m) estimated sales uplift and Estimated Incremental Revenue;

(n) Audience Return, Audience ROI and related evidence or confidence indicators; and

(o) other audience-level or commerce-related outputs.

21.3 Mine may make non-commerce Audience Insights available for audiences with as few as two Active Members.

21.4 Commerce Insights involving matched purchases will ordinarily require at least 30 Matched Members in each reported cohort and may require a higher threshold for particular metrics, breakdowns or modelling. Mine may change a threshold where reasonably required to protect privacy, improve statistical reliability or comply with law or Commerce Provider requirements.

21.5 Mine may suppress, combine, delay, round or withhold a Commerce Insight where:

(a) a cohort does not meet the applicable minimum;

(b) the result could create an unreasonable re-identification risk;

(d) the data is too incomplete or unstable for responsible reporting; or

(e) law, a member choice or Commerce Provider requirement prevents reporting.

21.6 The Brand acknowledges that a result from a small audience may be more revealing than the same result from a larger audience.

21.7 The Brand must apply particular care when interpreting small-audience results and must comply with section 22.

21.8 Website metrics are based on Mine’s limited, daily-deduplicated signal model.

21.9 Unless expressly stated otherwise, Mine website and behavioural metrics are not:

(a) page views;

(b) sessions;

(d) conversions;

(e) complete website analytics;

(f) deterministic attribution;

(g) proof of purchase; or

(h) a complete record of a member’s internet activity.

21.10 A Commerce Insight expressly identified as being based on connected Purchase Data may include confirmed or reconciled purchase outcomes. That does not make the insight deterministic attribution or proof that Mine caused a purchase.

21.11 “Visit days” generally means the number of member-and-domain calendar-day combinations recorded by Mine.

21.12 Audience Insights and Commerce Insights may be delayed, incomplete or affected by:

(a) Share Signals being off;

(b) device or network behaviour;

(d) DNS caching;

(e) data syncing;

(f) member eligibility;

(g) audience changes;

(h) low sample size;

(i) technical outages;

(j) a Commerce Provider’s availability, permissions, API limits, redaction or data quality;

(k) delayed, duplicated, missed or out-of-order webhooks;

(l) refunds, cancellations, order edits or currency treatment;

(m) Member Share Signals choices and matching eligibility;

(n) identifier availability and match coverage;

(o) the selected measurement window or comparison cohort; or

(p) seasonality, promotions, advertising, product launches, economic conditions and other external factors.

21.13 Brand Affinity, Audience Return, Audience ROI, Estimated Incremental Revenue and other calculated indicators are analytical tools and are not guarantees of consumer sentiment, sales, campaign performance, profit or future behaviour.

21A. Commerce Integrations and Purchase Data

21A.1 A Commerce Integration allows the Brand to authorise Mine to access specified data from a supported Commerce Provider.

21A.2 The permissions requested by Mine may include read access to orders, payments, refunds, cancellations, store identity and other fields reasonably necessary to provide the disclosed feature. Mine will not request write access or additional fields unless it reasonably requires them for a feature described to the Brand.

21A.3 The Brand authorises Mine to:

(a) complete and maintain the provider authorisation and account-linking process;

(b) hold and use provider access credentials or offline access tokens securely;

(d) conduct an initial historical import within the provider’s permitted access period;

(e) perform periodic reconciliation or resynchronisation;

(f) process Purchase Data in accordance with these Terms, the Privacy Policy and any Data Processing Schedule; and

(g) communicate with the Commerce Provider as reasonably required to maintain, secure or disconnect the integration.

21A.4 The Brand must grant only the permissions it is authorised to grant and must not connect a development, test, third-party or unrelated store in a way that could supply Purchase Data without proper authority.

21A.5 Unless Mine expressly states otherwise, Purchase Data used for the initial Shopify feature may include only:

(a) provider order, refund and event identifiers;

(b) a customer email address processed transiently for Purchase Matching;

(d) order total, refund amount and currency;

(e) cancellation status, source and test-order status; and

(f) limited store, order or customer metadata strictly necessary for deduplication, reconciliation, fraud prevention, privacy compliance or outcome measurement.

21A.6 Mine does not ordinarily require Store Customer names, phone numbers, street addresses, shipping details, complete payment details or product-level line items for the initial Purchase Matching feature. Mine must notify the Brand before materially expanding the Purchase Data used for that feature.

21A.7 For Shopify, Store Customer email is protected customer data. Mine will:

(a) use it only for the disclosed Purchase Matching and compliance purposes;

(b) normalise it and generate a secure, non-readable HMAC matching code using a secret controlled by Mine;

(d) not display or disclose the matching code to the Brand; and

(e) restrict internal access and use in accordance with Mine’s security controls.

21A.8 An HMAC matching code, internal subject identifier or pseudonymous purchase record remains protected as personal information within Mine where Mine can use it to relate information to a person. It is not treated as anonymous merely because the Brand cannot identify the person from the Brand-facing output.

21A.10 Where Purchase Data does not match an eligible consenting Member, Mine may:

(a) discard the individual order record after the required processing;

(b) retain only a properly de-identified or aggregated store-level fact; or

(c) retain a minimal record temporarily where reasonably required for deduplication, reconciliation, security, privacy compliance or another disclosed lawful purpose.

21A.11 Mine will not make available through the Platform:

(a) an individual Purchase Matching result;

(b) a Member’s order history;

(d) a list of purchasers;

(e) a Member’s order value, order date or purchased items; or

(f) a filter or export designed to reveal an individual purchase.

21A.12 The Brand is responsible for:

(a) providing legally required notices to Store Customers about Mine’s indirect collection and processing;

(b) ensuring its privacy policy accurately describes the disclosure and relevant purposes;

(d) honouring applicable customer choices, objections and opt-outs;

(e) not instructing Mine to process Purchase Data for an incompatible, unlawful or undisclosed purpose; and

(f) complying with Shopify’s or another Commerce Provider’s applicable merchant terms.

21A.13 Mine is responsible for:

(a) using Purchase Data only for the purposes described in these Terms, the Privacy Policy, any Data Processing Schedule and the applicable member notice;

(b) applying data-minimisation and retention controls;

(d) supporting applicable access, correction, deletion and privacy requests as described in section 40;

(e) respecting applicable Member Share Signals choices and matching eligibility; and

(f) complying with obligations applying directly to Mine under law and the Commerce Provider’s developer or partner terms.

21A.14 The parties will reasonably cooperate to:

(a) respond to Store Customer and Member privacy requests;

(b) investigate a suspected unauthorised disclosure or data breach;

(d) meet a lawful regulator or Commerce Provider requirement; and

(e) determine which party should communicate with an affected person.

21A.15 If the Brand receives a request to access, correct, delete or restrict Purchase Data processed by Mine, it must notify Mine promptly where Mine’s assistance is required and provide sufficient information to locate the relevant record without disclosing unnecessary personal information.

21A.16 Mine may receive and act on mandatory privacy or compliance webhooks or requests from Shopify or another Commerce Provider, including customer data access, customer deletion and store deletion requests. The Brand authorises Mine to take the steps reasonably required to comply.

21A.17 The Brand may disconnect a Commerce Integration through the available controls, by uninstalling the provider app or by contacting Mine.

21A.18 On disconnection or uninstall:

(a) Mine will stop intentionally collecting new Purchase Data as soon as reasonably practicable;

(b) provider access credentials will be revoked, deleted or made unusable;

(d) Mine may retain limited Purchase Data for the periods and purposes described in the Privacy Policy or Data Processing Schedule; and

(e) properly de-identified or aggregated outputs may be retained.

21A.19 Mine may suspend or disconnect a Commerce Integration where:

(a) authorisation expires, is revoked or appears invalid;

(b) the Brand no longer controls the connected store;

(d) continued processing could breach law, provider requirements or a person’s rights;

(e) a privacy or security incident requires containment;

(f) the integration threatens Platform reliability or security; or

(g) the Brand materially breaches this section.

21A.20 A Commerce Provider may change, restrict, redact, delay or discontinue access to data or functionality. Mine does not control those actions and may modify or discontinue the affected Commerce Integration as a result.

21A.21 A Data Processing Schedule may state additional or different requirements concerning legal roles, processing instructions, international data transfers, subprocessors, security, assistance, retention, deletion or audit. It prevails over this section to the extent of a direct inconsistency.

21B. Commerce measurement and outcome claims

21B.1 Mine may use Purchase Data, Brand Audience status, Member Earning records and privacy-safe website activity signals to calculate Commerce Insights.

21B.2 For measurement purposes, Mine ordinarily treats the reward event as the date the standard Member Earning is credited to the Member’s Mine balance, rather than the date the Member later withdraws funds.

21B.3 Mine may use measurement periods such as:

(a) a period before and after a reward;

(b) performance after the first reward;

(d) monthly reward cohorts; or

(e) another period clearly identified in the Platform.

21B.4 Mine may distinguish between:

(a) Observed Change — a descriptive change in outcomes following a reward, without a causal claim;

(b) Estimated Incremental Revenue — a modelled estimate relative to a stated baseline or comparison;

(d) Audience ROI — an estimated profit-based measure using a Brand-supplied or Brand-confirmed contribution margin.

21B.5 Mine may use methods including pre-period and post-period comparison, matched cohorts, difference-in-differences, staggered cohorts, holdouts or other reasonable statistical approaches.

21B.6 Mine may assign an evidence state, confidence grade, confidence interval, methodology version or data-quality indicator to a Commerce Insight.

21B.7 A Commerce Insight may be withheld or labelled as collecting data or early signal until Mine has sufficient match coverage, cohort size, measurement history or comparison data.

21B.8 Unless the Platform expressly states otherwise:

(a) a change following a reward is observational;

(b) an uplift, incremental revenue, Audience Return or Audience ROI figure is an estimate;

(d) external factors may explain some or all of the observed result; and

(e) the figure is not audited financial information.

21B.9 Audience Return ordinarily uses Mine Investment as its denominator. The Platform must identify any materially different denominator or exclusion.

21B.10 Audience ROI is available only where the Brand provides or confirms a contribution margin or other required profit input. The Brand is responsible for the accuracy and suitability of that input.

21B.11 The Brand must not describe Audience Return as profit, profit ROI or true return on investment unless the relevant Commerce Insight expressly uses an appropriate profit measure.

21B.12 The Brand must not publish, advertise or communicate a Mine-derived outcome claim unless:

(a) the claim accurately reflects the metric shown;

(b) the Brand retains the displayed methodology, date range, evidence state and material qualifications;

(d) the claim is supported by reasonable grounds and evidence;

(e) estimates are clearly identified as estimates;

(f) the claim does not imply individual purchase attribution or guaranteed future performance; and

(g) Mine has given any written approval required under section 23.

21B.13 The following wording is an example only and may be used only when supported by the relevant Commerce Insight:

“Every A$1 invested in your Mine audience returned an estimated A$15 in incremental revenue.”

21B.14 The Brand must not alter that or similar wording in a way that removes “estimated”, changes incremental revenue into profit, or conceals a material limitation.

21B.15 Mine may correct, withdraw or recalculate a Commerce Insight where Purchase Data changes, a refund or cancellation occurs, the methodology changes, an error is found or continued publication would be misleading.

21B.16 Mine may preserve prior methodology versions so that historical results can be interpreted consistently. A methodology update may cause results for different periods to be non-comparable.

22. Privacy, re-identification and prohibited use

22.1 The Brand must not:

(a) attempt to identify or re-identify a Mine member;

(b) attempt to determine which member generated a signal or contributed to a result;

(d) infer or reconstruct an individual member’s browsing history;

(e) ask Mine employees, contractors or other persons to reveal member identities;

(f) use a small-audience result to target, contact, discriminate against or make a decision about a particular person;

(g) use Audience Insights for employment, credit, insurance, housing, health, eligibility or another high-impact individual decision;

(h) disclose or sell Audience Insights as individual-level data;

(i) claim that Mine has identified a particular member as a customer or prospect;

(j) use Purchase Data or Commerce Insights to determine whether a particular Member purchased, what they purchased, when they purchased or how much they spent;

(k) compare Mine outputs with the Brand’s own customer or order records for the purpose of identifying a Matched Member;

(l) manipulate date ranges, overlapping cohorts, refunds or other filters to isolate an individual purchase outcome;

(m) use an individual purchase inference for direct marketing, profiling or a high-impact decision; or

(n) use the Platform in a way that undermines Mine’s privacy model.

22.2 The Brand must not attempt to circumvent aggregation, access controls, cohort-suppression rules, minimum audience protections or other privacy safeguards.

22.3 The Brand must notify Mine promptly if it becomes aware of:

(a) accidental access to individual-level information;

(b) a suspected re-identification risk;

(d) compromised Brand credentials;

(e) Purchase Data supplied without required authority, notice or consent;

(f) an attempt to use Commerce Insights to identify a purchaser; or

(g) another privacy or security incident relating to the Platform.

22.4 Mine may immediately restrict access to protect members where it reasonably suspects a breach of this section.

22.5 Mine may require the Brand to delete or return improperly obtained information and provide reasonable evidence that it has done so.

22.6 References to “anonymous insights” describe Brand-facing outputs that do not include direct member identifiers, individual signal records or individual purchase matches. They do not mean that pseudonymous records inside Mine are anonymous and do not authorise the Brand to treat small-audience outputs as risk-free or to attempt re-identification.

23. Permitted use of Audience Insights and Commerce Insights

23.1 Subject to these Terms, Mine grants the Brand a limited, non-exclusive, non-transferable right to use Audience Insights and Commerce Insights for the Brand’s lawful internal business purposes.

23.2 Permitted purposes may include:

(a) audience planning;

(b) campaign planning and evaluation;

(d) product and customer-experience planning; and

(e) measuring observed and estimated commercial outcomes associated with the Brand Audience;

(f) evaluating audience investment, retention and repeat-purchase strategy; and

(g) internal reporting.

(a) need the information for a permitted purpose;

(b) are bound by confidentiality and privacy obligations; and

23.4 The Brand must not:

(a) resell, sublicense or commercialise Audience Insights as a standalone product;

(b) publish a Mine dashboard or report publicly without Mine’s written consent;

(d) represent an estimate or directional metric as audited fact;

(e) use Mine’s name or logo in public marketing without permission;

(f) publish a Commerce Insight or Mine-derived outcome claim contrary to section 21B;

(g) use Audience Insights or Commerce Insights for an unlawful, misleading or deceptive purpose; or

(h) represent Mine as providing audited financial, accounting or deterministic attribution services.

24. Brand invitations and direct marketing

24.2 The Brand must not attempt to obtain member contact details from Mine or use Audience Insights or Commerce Insights to identify and contact members.

24.3 If Mine later provides a Brand-to-member communication feature, the Brand must:

(a) use it only as permitted by Mine;

(b) comply with applicable privacy and marketing laws;

(d) avoid misleading, harmful or discriminatory content.

24.4 The Brand is responsible for the lawfulness of its own marketing campaigns, websites, offers and communications.

25. Campaign markers and Brand Data

25.1 The Brand may add campaign names, dates, categories and notes to the Platform.

25.2 The Brand is responsible for ensuring Brand Data:

(a) is accurate where accuracy is material;

(b) does not infringe intellectual property rights;

(d) does not contain personal information that Mine has not requested; and

(e) may lawfully be provided to Mine;

(f) does not include a profit, margin or other commercial input that the Brand knows is materially inaccurate.

25.3 The Brand should not place customer lists, individual names, contact information, health information or other sensitive personal information into free-text fields unless Mine expressly provides a feature for that purpose.

25.4 Mine may remove or restrict Brand Data that reasonably appears to breach these Terms or create legal, privacy or security risk.

26. Licence to Brand Data

26.1 The Brand retains ownership of Brand Data it owns.

26.2 The Brand grants Mine a worldwide, non-exclusive, royalty-free licence to host, copy, process, display, adapt and use Brand Data to:

(a) provide and secure the Platform;

(b) configure the Brand account;

(d) generate Audience Insights;

(e) administer billing;

(f) provide support;

(g) provide Commerce Integrations and generate Commerce Insights;

(h) perform Purchase Matching in accordance with member choices; and

(i) comply with law.

26.3 The licence continues only for as long as reasonably required for those purposes, subject to legal retention requirements.

26.4 The Brand represents that it has the rights required to grant this licence.

26.5 The Brand authorises Mine to process Purchase Data as described in section 21A. The Brand does not transfer ownership of Purchase Data to Mine, and Mine acquires no right to use it for an unrelated purpose.

27. Mine intellectual property

27.1 Mine and its licensors own all intellectual property rights in:

(a) the Platform;

(b) Mine software and APIs;

(d) analytical methods;

(e) scoring systems;

(f) databases and data structures;

(g) documentation;

(h) Mine branding; and

(i) improvements and derivative works,

excluding Brand Data and third-party material.

27.2 Except for the limited rights expressly granted in these Terms, the Brand receives no ownership interest in Mine’s intellectual property.

27.3 The Brand must not:

(a) copy, modify or create derivative works from the Platform;

(b) reverse engineer or attempt to extract non-public source code, except where the law does not permit that restriction;

(d) bypass access controls or usage limits;

(e) use Mine data to build a competing identity, tracking or audience product; or

(f) use Mine’s trademarks without written permission.

28. Confidentiality

28.1 Each party may receive confidential information from the other.

28.2 Confidential information does not include information that:

(a) is public through no breach of these Terms;

(b) was already lawfully known without confidentiality obligations;

(d) is lawfully received from another source without restriction.

28.3 Each party must:

(a) use the other party’s confidential information only for these Terms;

(b) protect it using reasonable care; and

28.4 A party may disclose confidential information where required by law, after giving notice where legally permitted.

28.5 Mine’s non-public security information, pricing arrangements, source code, member-level systems and technical architecture are Mine confidential information.

28.6 The Brand’s non-public account, campaign and commercial information is Brand confidential information.

29. Data security

29.1 Each party must use reasonable security measures appropriate to the information it controls.

29.2 The Brand must:

(a) protect account credentials;

(b) restrict access to authorised personnel;

(d) promptly remove former representatives’ access;

(e) protect its Commerce Provider credentials and administrator access;

(f) disconnect former, transferred or unauthorised stores promptly; and

(g) notify Mine of suspected compromise.

29.3 Mine will use reasonable administrative, technical and organisational safeguards for the Platform.

29.4 No online service is completely secure. Neither party guarantees that a security incident will never occur.

29.5 Each party must reasonably cooperate in investigating and responding to a security incident connected with its acts, systems or personnel, including an incident affecting Purchase Data or a Commerce Integration.

30. Acceptable use

30.1 The Brand must not use the Platform to:

(a) break the law;

(b) mislead or deceive;

(d) interfere with Platform operation or security;

(e) introduce malware or malicious code;

(f) generate fraudulent accounts, audiences or billing activity;

(g) test the Platform for vulnerabilities without written permission;

(h) access data outside the Brand’s authorised account;

(i) infringe intellectual property or privacy rights;

(j) facilitate surveillance of identifiable individuals; or

(k) help another person breach these Terms.

30.2 The Brand must comply with reasonable technical and security instructions issued by Mine.

31. Third-party services

31.1 Mine relies on third-party services, including Supabase, Stripe, Apple, Cloudflare, Resend, DigitalOcean, Shopify and other providers.

31.3 Shopify and other Commerce Providers provide store authorisation, APIs, webhooks and source commerce data for applicable Commerce Integrations.

31.4 The Brand’s use of certain features may be subject to third-party terms and privacy policies.

31.5 Mine remains responsible for the Platform it supplies, subject to these Terms and applicable law.

31.6 Mine is not responsible for a third party’s separate service, decision or conduct where the matter is outside Mine’s reasonable control.

32. Service availability and support

32.1 Mine is an evolving service.

32.2 Mine may perform maintenance, update the Platform or experience outages.

32.3 Mine will use reasonable care in operating the Platform but does not guarantee:

(a) uninterrupted availability;

(b) that every signal will be captured;

(d) that every feature will remain unchanged;

(e) compatibility with every browser, device or third-party service;

(f) that every webhook, order, refund, cancellation or edit will be received immediately;

(g) that Purchase Data supplied by a Commerce Provider is complete or accurate;

(h) a particular identifier match rate; or

(i) continuous availability of a Commerce Integration.

32.4 Support requests may be sent to brad@mineinsights.com.au.

32.5 Unless Mine enters a separate service-level agreement, no guaranteed uptime or response time applies.

33. Changes to the Platform and pricing

33.1 Mine may modify, replace or discontinue a feature where reasonably required for technical, security, legal, privacy, commercial or product reasons.

33.2 Where a change materially reduces a core paid feature, Mine will give reasonable notice where practicable.

33.3 Mine may change pricing for future Billing Months by giving at least 30 days’ advance notice.

33.4 A pricing change does not apply retrospectively to a completed Billing Month.

33.5 If the Brand does not agree to a material change, it may cancel under section 19 before the change takes effect.

34. Suspension by Mine

34.1 Mine may restrict or suspend the Brand account where reasonably necessary to:

(a) address unpaid invoices;

(b) investigate suspected fraud or misuse;

(d) address a serious or repeated breach;

(e) comply with law or a valid authority request;

(f) investigate re-identification or privacy risk;

(g) address invalid, unauthorised or unlawful Purchase Data processing;

(h) meet a Commerce Provider requirement or respond to revoked authorisation; or

(i) prevent material harm.

34.2 Mine may restrict or disconnect only the affected Commerce Integration where that is reasonably sufficient.

34.3 Where practicable, Mine will:

(a) explain the reason;

(b) limit the restriction to what is reasonably necessary;

(d) restore access when the reason no longer applies.

34.4 Mine may act immediately where delay could create material privacy, security, financial or legal harm.

34.5 Suspension does not erase valid charges already incurred.

35. Termination by Mine

35.1 Mine may terminate the agreement for:

(a) serious or repeated breach;

(b) fraud or unlawful conduct;

(d) material security risk;

(e) persistent non-payment after reasonable notice;

(f) insolvency where permitted by law;

(g) unlawful or unauthorised provision or use of Purchase Data;

(h) serious or repeated breach of Commerce Provider requirements affecting Mine; or

(i) conduct that causes material harm to Members, Store Customers or the Platform.

35.2 Except where immediate termination is reasonably necessary, Mine will give reasonable notice and an opportunity to remedy a remediable breach.

35.3 Mine may also discontinue the Platform or a material service by giving reasonable notice.

35.4 On termination:

(a) Brand access ends;

(b) final billing remains payable;

(d) licences granted to the Brand end;

(e) Commerce Integrations are disconnected;

(f) Purchase Data is retained, deleted or de-identified in accordance with section 20, the Privacy Policy and any Data Processing Schedule; and

(g) provisions intended to survive continue.

36. Consumer and small-business protections

36.1 Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded or restricted.

36.2 The Brand may have rights under the Australian Consumer Law, including protections relating to services and unfair terms in standard-form small-business contracts.

36.3 These Terms must be read subject to those rights.

37. Disclaimers

37.1 Subject to section 36, Mine does not promise:

(a) a particular audience size;

(b) a minimum number of eligible members;

(d) increased sales, conversion or market share;

(e) perfect or complete website detection;

(f) uninterrupted service;

(g) that Audience Insights represent the entire market or customer base;

(h) that directional or modelled metrics are suitable as the sole basis for a business decision;

(i) a minimum Purchase Matching rate or matched cohort size;

(j) that a Commerce Provider will supply complete, uninterrupted or error-free data;

(k) that an observed change was caused by Mine;

(l) that Estimated Incremental Revenue, Audience Return or Audience ROI will be achieved or repeated;

(m) that a Commerce Insight is audited financial information; or

(n) that an estimate will remain unchanged after refunds, reconciliation or methodology updates.

37.2 The Brand is responsible for its own marketing, commercial and strategic decisions.

37.3 The Brand is responsible for independently assessing any public claim based on a Commerce Insight and for retaining evidence and qualifications reasonably required to substantiate that claim.

37.4 Mine does not provide legal, financial, tax, accounting or regulated professional advice.

38. Liability

38.1 Nothing in these Terms limits liability where doing so would be unlawful.

38.2 Subject to section 38.1, neither party is liable to the other for:

(a) loss that was not reasonably foreseeable when the agreement was formed;

(b) indirect or consequential loss; or

38.3 Subject to section 38.1, Mine is not liable for loss caused by:

(a) inaccurate Brand Data;

(b) unauthorised use of Brand credentials that Mine could not reasonably prevent;

(d) third-party systems or events outside Mine’s reasonable control;

(e) the Brand’s failure to maintain a valid payment method;

(f) incomplete, inaccurate, delayed, redacted or unavailable Purchase Data supplied by the Brand or a Commerce Provider;

(g) an inaccurate contribution margin or other commercial input supplied by the Brand;

(h) the Brand’s public use or misstatement of a Commerce Insight; or

(i) the Brand’s failure to provide required Store Customer notice or obtain required authority or consent.

38.4 Subject to section 38.1 and to the extent permitted by law, Mine’s aggregate liability arising from the paid Platform during a 12-month period is limited to the greater of:

(a) the fees paid or payable by the Brand to Mine during the three months immediately before the event giving rise to the claim; and

(b) A$1,000.

38.5 The limitation in section 38.4 does not apply to liability arising from:

(a) fraud or wilful misconduct;

(b) death or personal injury caused by negligence;

(d) breach of confidentiality;

(e) a party’s unlawful handling of personal information; or

(f) liability that cannot lawfully be limited.

38.6 Where Mine is liable for failure to comply with a guarantee and the law permits the remedy to be limited, Mine may choose to resupply the affected service or pay the reasonable cost of resupply.

39. Indemnity

39.1 The Brand indemnifies Mine against a third-party claim to the extent the claim is directly caused by:

(a) unlawful or infringing Brand Data;

(b) the Brand’s intentional re-identification of a member;

(d) the Brand’s fraud or wilful misconduct;

(e) Purchase Data that the Brand was not authorised to provide to Mine;

(f) the Brand’s failure to provide a legally required customer notice or honour an applicable customer choice;

(g) the Brand’s misleading or unsubstantiated publication of a Mine-derived outcome claim; or

(h) a material breach of section 21A, 21B, 22, 24, 25, 30 or 40.

39.2 The indemnity does not apply to the extent the claim was caused or contributed to by Mine’s breach, negligence, fraud or wilful misconduct.

39.3 Mine must:

(a) notify the Brand promptly of the claim;

(b) take reasonable steps to mitigate loss;

(c) allow the Brand reasonable involvement in the defence, subject to Mine protecting member privacy and its legitimate interests; and

(d) not settle a claim imposing an admission or non-monetary obligation on the Brand without the Brand’s consent, not to be unreasonably withheld.

40. Privacy

40.1 Mine handles personal information in accordance with its Privacy Policy.

40.2 The Brand must handle any personal information connected with the Platform and any disclosure of Purchase Data to Mine in accordance with applicable privacy law.

40.3 The Brand must not upload personal information to the Platform unless:

(a) Mine has requested it;

(b) the upload is necessary for an available feature;

(d) required notices have been given; and

(e) applicable customer choices and opt-outs have been respected.

40.4 Where a Brand Representative uses Mine on behalf of an organisation, account and activity information may be accessible to other authorised representatives of that organisation.

40.5 Purchase Data is ordinarily collected by Mine indirectly from the Brand or Commerce Provider. The Brand must ensure that its Store Customers are notified of that disclosure and processing where required by law, including:

(a) the kinds of information disclosed;

(b) that Mine is the recipient or operator of the connected service;

(d) how a person may obtain further information about Mine’s handling; and

(e) available access, correction, complaint, deletion or opt-out rights.

40.6 The parties acknowledge that their respective legal roles may depend on the applicable law and processing activity. Neither party may rely on a label such as controller, processor, agency or service provider to avoid an obligation that applies to it by law.

40.7 Where a Data Processing Schedule applies, each party must comply with its documented responsibilities for:

(a) processing instructions and permitted purposes;

(b) privacy requests;

(d) retention and deletion;

(e) subprocessors and international transfers; and

(f) records or assistance reasonably required to demonstrate compliance.

40.8 If a party becomes aware that Purchase Data was supplied or processed unlawfully or contrary to a binding customer choice, it must notify the other party promptly and cooperate to stop, delete, correct or restrict the affected processing as reasonably required.

40.9 The Brand must not direct Mine to use Purchase Data to make a decision producing legal or similarly significant effects about a Store Customer or Member.

41. Communications and marketing

41.1 Mine may send Brand Representatives essential service communications, including:

(a) account verification and password-reset messages;

(b) invoices and payment notices;

(d) legal and policy updates;

(e) Platform interruptions; and

(f) messages requiring action on the Brand account.

41.2 Mine may send marketing, product-update or sales communications where the recipient has consented or where otherwise permitted by law.

41.3 Marketing communications will include an unsubscribe method where required.

41.4 Opting out of marketing does not prevent essential service communications.

42. Changes to these Terms

42.1 Mine may update these Terms to reflect:

(a) Platform changes;

(b) legal or regulatory requirements;

(d) provider or payment changes;

(e) Shopify or another Commerce Provider’s requirements; or

(f) reasonable commercial or operational changes.

42.2 Mine will publish the updated Terms and change the last-updated date.

42.3 Where a change is material, Mine will give reasonable notice.

42.4 Mine may require a Brand Representative to accept updated Terms before continuing to use the Platform.

42.5 A change will not retrospectively increase charges for a completed Billing Month.

42.6 If the Brand does not agree to a material change, it may cancel under section 19.

43. Notices

43.1 Mine may give notice through:

(a) the Platform;

(b) the Brand account email address;

(d) another contact method supplied by the Brand.

43.2 The Brand must keep its contact information current.

43.3 Notices to Mine may be sent to brad@mineinsights.com.au.

44. Governing law

44.1 These Terms are governed by the laws of South Australia and the Commonwealth of Australia.

44.2 The parties submit to the courts and tribunals having jurisdiction in South Australia.

44.3 This section does not prevent a party from exercising a right to bring a claim in another court or tribunal where applicable law permits.

45. General

45.1 If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary. If it cannot be read down, it is severed and the remaining provisions continue.

45.2 A delay in exercising a right does not waive that right.

45.4 Mine may transfer this agreement as part of a genuine sale, restructure or transfer of its business, provided the transfer does not reduce the Brand’s non-excludable rights.

45.5 Neither party is an employee, agent, partner or fiduciary of the other.

45.6 These Terms, the Privacy Policy, any applicable Data Processing Schedule and any additional terms expressly accepted for a feature form the agreement about the Platform.

45.7 An order of priority may be specified in an additional written agreement. Otherwise, a specifically agreed commercial schedule prevails over these Terms only to the extent of an inconsistency.

45.8 Headings are for convenience only and do not affect interpretation.

45.9 Sections relating to payment, intellectual property, confidentiality, privacy, liability, indemnity, retention and dispute resolution survive termination where necessary to give them effect.

46. Contact

Mine Technologies Pty Ltd

ABN 24 693 393 127

ACN 693 393 127

2/17 Penfold Road

Magill SA 5072

Australia

Email: brad@mineinsights.com.au

Website: https://mineinsights.com.au/