Myne Terms of Service

Last updated: 18 June 2025

These Terms of Service (“Terms”) govern your use of the Myne customer data platform and related services (“Service”) provided by Myne Network Pty Ltd (ACN 670 368 288) ("Myne", "we", "us" or "our").

By signing a Service Agreement or using our Service, you agree to these Terms. If you do not agree, you must not use the Service.

1. Definitions

In these Terms, unless the context requires otherwise: 

Account means your Myne account and all instances created by or on behalf of you or your authorised users.

API means the application programming interfaces that allow you to access Service functionality through automated requests.

Commercial Details means the commercial details applicable to the Service that are set out in the Service Agreement. 

Confidential Information means information disclosed by either party that is confidential or would reasonably be understood to be confidential, including your Data. This excludes information that: (a) was already known to the receiving party; (b) becomes publicly available through no breach of these Terms; (c) is received from a third party without breach of confidentiality; or (d) is independently developed without use of the disclosing party's confidential information.

Data means all electronic data, content, and materials you submit to or store in the Service, including personal information of your customers.

End User means individuals authorised by you to use the Service through your Account.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Plan means the service plan you subscribe to, as described on our website and in your Service Agreement.

Service Agreement means the agreement between you and us that contains the Commercial Details and incorporates these Terms.

Subscription Term means the period during which you have agreed to subscribe for the Service as set out in the Service Agreement, which commences on the Commencement Date (as specified in the Commercial Details) and expires in accordance with the Service Agreement. 

2. Using Our Service

2.1 Our Service

We will provide the Service to you in accordance with these Terms and any additional requirements specified in the Commercial Details. 

2.2. Your Account

You must provide accurate, current account information and keep it updated. You're responsible for maintaining the security of your account credentials and for all activities under your Account.

2.3 Access Rights

During the Subscription Term, you may access and use the Service in accordance with your Plan for your internal business purposes only.

2.4 Technical Requirements

You need a reliable internet connection and compatible browser. We're not responsible for connectivity issues outside our control.

2.5 Acceptable Use

You must not:

• Use the Service for unlawful purposes or in breach of any applicable laws

• Share account credentials between multiple individuals or allow unauthorised access

• Attempt to reverse engineer, hack, or disrupt the Service

• Store or transmit malicious software, spam, or inappropriate content

• Use the Service to infringe intellectual property rights

• Process health information unless properly de-identified under applicable privacy laws

• Resell or commercially exploit the Service to third parties

• Use the Service in any country where such use is prohibited by export control laws

2.6  Your Responsibilities

You're responsible for:

• Compliance with these Terms by all End Users

• Ensuring your use of the Service complies with applicable laws

• The accuracy and appropriateness of your Data

• Maintaining the security of account credentials and ensuring each login is used by only one individual

• Backing up important data (we recommend regular backups)

• Ensuring your Data and its use doesn't infringe third party rights or violate applicable laws.

2.7 Service Availability

We aim to provide reliable service but may need to suspend access for:

• Scheduled maintenance (we'll give reasonable notice)

• Emergency maintenance or security issues

• Technical failures beyond our reasonable control

• Suspected security breaches or policy violations

• Circumstances beyond our control including natural disasters, government actions, or network failures

3. Privacy and Data

3.1 Your Data Ownership

You own your Data. We don't claim ownership rights over your Data except as needed to provide the Service.

3.2 How We Handle Your Data

We will:

• Protect your Data using commercially reasonable security measures

• Process your Data only as necessary to provide the Service and as directed by you

• Not access your Data except to provide support services or as required by law

3.3 Data Security

We will take reasonable steps to ensure that the transmission of data occurs according to accepted industry standards. However, you accept that the internet is not a fully secure environment, and we cannot accept responsibility for misuse, loss, or unauthorised access to or disclosure of information where the security of the information is not within our control.

3.4 Privacy Compliance

Our collection and handling of Personal Information is governed by our Privacy Policy and complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

3.5 Data Location

Your Data may be stored and processed in Australia and other countries where we or our service providers operate. We ensure appropriate safeguards for international transfers.

4. Intellectual Property

4.1 Your Rights

You retain all rights to your Data and any intellectual property you owned before using our Service.

4.2 Our Rights

We own or license all intellectual property rights to the Service, including software, algorithms, features, and improvements. Nothing in these Terms transfers any intellectual property rights to you, or grants you any rights to our intellectual property except for the limited, non-exclusive, revocable right to access and use the Service. 

4.3 Licence to Use Your Data

You grant us a licence to use your Data as necessary to operate the Service and to derive de-identified insights for service improvement and analytics, provided such use does not identify you or your customers.

4.4 API Usage

If you use our API, you must comply with our API documentation and usage policies. You may not use the API to circumvent usage limits or restrictions in your Plan.

4.5 Feedback

If you provide suggestions or feedback about our Service, we may use it to improve our offerings without obligation to you.

4.6 Myne trademarks

You may identify yourself as a Myne customer but may not use our trademarks in a way that suggests endorsement or partnership without our permission.

5. Third Party Services / add-ons

5.1 Our Use of Third Party Suppliers

We may use third party suppliers to provide hardware, software, networking, storage and other technology needed to deliver the Service. We're not responsible for any issues caused by these suppliers that are outside our control.

5.2 Your Use of Third Party Services

You may choose to integrate third party services with our platform. When you do:

• Your use of third party services is governed by their own terms and privacy policies

• We don't endorse these services and aren't responsible for their content, data handling, or any issues that arise

• You waive any claims against us related to third party services

• You may need to register separately and agree to their terms

• By enabling integrations, you authorise us to share necessary data to make them work

We recommend reviewing the terms and privacy policies of any third party services before connecting them to your Account.

6. Payments

6.1 Fees

The fees payable for the Service are specified in your Service Agreement. 

6.2 Payment Terms

• Fees are due as specified in your Service Agreement or within 7 days of notice of non-payment

• Late payments may result in service suspension

• You must keep payment information current and notify us promptly of any changes to payment details

• If payment fails due to expired or declined payment methods, you have 7 days to update your information before we may suspend the Service

6.3 Plan Changes

• Upgrades take effect immediately with pro-rated billing

• Downgrades take effect at your next renewal and may result in loss of features or data

• There are no refunds for downgrades

6.4 Taxes

All fees are exclusive of GST and other taxes unless stated otherwise. You're responsible for all applicable taxes except those on our income. If we're required to collect GST or other taxes, we'll add them to your invoice.

6.5 Price Changes

We may change pricing with 90 days' notice. 

7. Term and Termination

7.1 Term 

This agreement starts and ends in accordance with the Subscription Term. 

7.2 Termination for Breach

Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 30 days of written notice.

7.3 Effect of Termination

Upon termination:

• Your access to the Service will end

• You remain liable for all fees incurred up to termination

• We may delete your Data after 30 days (we recommend you export any Data you wish to retain before termination)

7.4 Survival

Sections relating to payment obligations, intellectual property, confidentiality, limitations of liability, and dispute resolution survive termination of the Service Agreement. 

8. Warranties 

8.1 Consumer Guarantees

If you're acquiring the Service for personal, domestic, or household use, or as a small business (as defined under Australian Consumer Law), you have consumer rights that cannot be excluded, including guarantees that services will be provided with due care and skill.

8.2 Business Services

For business use, we provide the Service with reasonable care and skill, but make no other warranties about specific outcomes or fitness for particular purposes.

8.3 Service Limitations

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We don't warrant that the Service will:

• Meet your specific requirements

• Be uninterrupted, timely, secure, or error-free

• Provide accurate or reliable results

• Have all errors corrected

Any information or advice obtained from us does not create warranties beyond those expressly stated in these Terms.

9. Liability 

9.1 Limitation of liability 

To the maximum extent permitted by law, our total liability to you under or in connection with these Terms is limited to the amount you paid us in the six months before the event giving rise to the claim.

9.2 Consequential loss

Neither party will be liable for any indirect, special, incidental, or consequential loss or damage, including lost profits or revenue, data, goodwill, or business opportunity or reputation.

9.3 Consumer Rights Protection

Nothing in these Terms excludes, restricts, or modifies rights or remedies you may have under Australian Consumer Law or other applicable laws that cannot lawfully be excluded.

9.4 Your Indemnity

You indemnify us and our officers and personnel from and against loss or claims arising from your breach of these Terms or your use of the Service.

9.5 Our Indemnity

We indemnify you against third party claims that our Service infringes intellectual property rights, provided you notify us promptly and allow us to control the defence.

10. General 

10.1 Governing law

These Terms are governed by New South Wales law. Any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales and the Sydney Registry of the Federal Court of Australia. 

10.2 Assignment

You may not assign these Terms without our consent. We may assign them to our affiliates or as part of a corporate reorganisation or sale of substantially all of our assets.

10.3 Changes to these Terms

We may update these Terms by giving you 30 days' notice. If any changes materially reduce your rights or increase your obligations, you may terminate your Service Agreement before the changes take effect. Your continued use of the Service after the effective date of the changes will be taken as acceptance of the changes. You can review the most current version of these Terms at any time on our website.  

10.4 Entire Agreement

These Terms, together with your Service Agreement, constitute the entire agreement between us regarding the Service.

10.5 Severability

If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest of these Terms remain in effect.

10.6 Notices

We'll send notices to the email address associated with your Account. You can contact us at support@myne.network.

10.7 Relationship

Nothing in these Terms creates a partnership, joint venture, general agency, or employment relationship between the parties. Each party is an independent contractor and neither party has authority to bind the other.

10.8 Export controls

The Service may be subject to US export control and economic sanctions laws. You agree to comply with all such laws and regulations. You must not access or use the Service if:

• You're located in a jurisdiction where the Service is prohibited under US or other applicable laws

• You're named on any US Government restricted parties list

• You're a national of, or company registered in, a prohibited jurisdiction

You also agree that you won't:

• Provide access to the Service to any government, entity or individual in a prohibited jurisdiction

• Permit End Users to access the Service in violation of export restrictions

• Use the Service in breach of any applicable laws regarding transmission of technical data

You represent that you comply with all applicable export control laws in your jurisdiction.

Myne Network Pty Ltd
ACN: 670 368 288
Suite 5, Level 14, 3 Spring Street
Sydney NSW 2000
Australia

For questions about these Terms, contact us at support@myne.network