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Governing Law: Queensland, Australia
This Software-as-a-Service Agreement (“Agreement”) is entered into between Portfolio Logic Pty Ltd ATF The PortfolioLogic Trust, trading as PortfolioLogic (“PortfolioLogic”, “we”, “us”), and the entity agreeing to these terms (“Client”, “you”).
Client: The entity or individual entering into this Agreement with PortfolioLogic for the provision of the Services.
Client Data: All electronic data, information, or material submitted by the Client or its End-Users to the Services.
End-User: Any individual authorised by the Client to access and use the Services.
Order Form: A document executed by both PortfolioLogic and the Client specifying the Services, Subscription Fees, and other commercial terms.
Platform: The white-labeled property portfolio intelligence platform provided by PortfolioLogic.
Services: The white-label property intelligence B2B SaaS platform provided by PortfolioLogic, as described in the Order Form.
Subscription Fees: The fees payable by the Client to PortfolioLogic for the Services, as specified in the Order Form.
Intellectual Property Rights: All industrial and intellectual property rights throughout the world, whether registered or unregistered, including any application or right to apply for registration of such rights.
2.1. White-Label Platform: PortfolioLogic provides a white-labeled property portfolio intelligence platform (“Platform”). The Client may rebrand the end-user interface of the Platform to present it to their own clients (“End-Users”).
2.2. “As-Is” Provision: The Client acknowledges that the Platform is currently in a phase of rapid development. The Services are provided on an “as-is” and “as-available” basis. PortfolioLogic will use commercially reasonable efforts to maintain the Platform but does not warrant uninterrupted, error-free, or completely secure operation.
3.1. Software Tool Only: PortfolioLogic provides data visualization and intelligence software. PortfolioLogic does not hold an Australian Financial Services Licence (AFSL).
3.2. No General or Personal Advice: Nothing within the Platform constitutes financial product advice, investment advice, or tax advice under the Corporations Act 2001 (Cth). The Platform does not take into account the objectives, financial situation, or needs of the Client or any End-User.
3.3. Client Sole Responsibility: The Client assumes sole and absolute responsibility for any interpretations, financial advice, or recommendations provided to their End-Users based on data generated by the Platform.
4.1. Strict B2B Relationship: PortfolioLogic has no direct contractual or legal relationship with the Client’s End-Users. The Client is solely responsible for managing the relationship with, and providing all frontline support to, their End-Users.
4.2. Client Warranties: The Client warrants that they will not represent to End-Users that PortfolioLogic is providing them with any direct service or advice.
4.3. Compliance: The Client shall comply with all applicable local, state, national, and international laws and regulations in its use of the Services and in its dealings with End-Users.
5.1. Universal Payment Terms:
5.2. Payment Options (as specified in Order Form):
5.3. Implementation Fee: A one-off implementation fee may be payable by the Client as specified in the Order Form, covering setup and white-label configuration.
6.1. Platform IP: PortfolioLogic retains all right, title, and interest (including all Intellectual Property Rights) in and to the Platform, its underlying code, and methodologies.
6.2. White-Label Marketing Rights: PortfolioLogic is granted a non-exclusive, royalty-free license to use the Client’s name, logo, and trademark discreetly on the PortfolioLogic website and marketing materials (e.g., “Trusted By [Client Name]”) to identify the Client as a customer. The Client may revoke this right at any time by providing written notice.
7.1. Hosting Location: PortfolioLogic will host all Client and End-User data within the AWS Asia-Pacific region (specifically AP-Southeast-2 / Sydney) to assist the Client with Australian Privacy Principles (APP) compliance.
7.2. Client Data Ownership: The Client retains all rights to the specific financial and personal data inputted into the Platform by the Client or their End-Users.
7.3. Aggregated & Derivative Data: The Client grants PortfolioLogic a perpetual, irrevocable, royalty-free license to anonymize and aggregate Client Data. PortfolioLogic may use this anonymized data to improve the software, train algorithms, and generate industry benchmarks, provided that neither the Client nor any individual End-User can be identified.
Both parties agree to maintain the confidentiality of all proprietary or confidential information disclosed by the other party during the term of this Agreement.
9.1. End-User Indemnity: The Client agrees to fully indemnify, defend, and hold harmless PortfolioLogic, its directors, and employees from and against any claims, losses, damages, liabilities, regulatory actions, and legal costs arising out of or related to:
9.2. General Indemnity: The Client shall fully indemnify, defend, and hold harmless PortfolioLogic, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
10.1. Liability Cap: To the maximum extent permitted by law, PortfolioLogic’s total aggregate liability to the Client for any claim arising out of or in connection with this Agreement (whether in contract, tort including negligence, or otherwise) is strictly limited to the total Subscription Fees paid by the Client to PortfolioLogic in the twelve (12) months immediately preceding the event giving rise to the claim.
10.2. Consequential Loss: Under no circumstances will PortfolioLogic be liable for any indirect, special, consequential, or punitive damages, including loss of profits, loss of data, or loss of business opportunity.
11.1. Termination for Breach: Either party may terminate this Agreement if the other party commits a material breach and fails to remedy it within fourteen (14) days of receiving written notice.
11.2. Data Retention post-Termination: Upon termination, Client access to the Platform is revoked. PortfolioLogic will retain the Client Data for exactly thirty (30) days to allow the Client to export their data. On the 31st day, PortfolioLogic will permanently destroy all Client Data, except for anonymized Derivative Data.
12.1. Mandatory Mediation: Neither party may commence court proceedings (except for urgent interlocutory relief) unless they have complied with this clause.
12.2. Process: A party claiming a dispute must issue a written Notice of Dispute. The parties must attempt to resolve the dispute in good faith for fourteen (14) days.
12.3. Mediation Body: If unresolved, the dispute must be referred to mediation administered by the Queensland Law Society (or Resolution Institute) in accordance with their standard mediation rules. The parties will share the mediator’s costs equally.
12.4. Court as a Last Resort: Neither party shall commence court proceedings until this entire mediation process has been exhausted and formally terminated by the mediator, except for urgent injunctive relief.
This Agreement is governed by the laws of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the appellate courts of that State.
14.1. Entire Agreement: This Agreement, together with any Order Forms, constitutes the entire agreement between the parties.
14.2. Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
14.3. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
PortfolioLogic provides a white-label property intelligence B2B SaaS platform (“Services” or “Platform”) to businesses (“Clients”). This Privacy Policy applies to the personal information we collect from our Clients and their authorised representatives.
Important Note Regarding End-Users: PortfolioLogic operates strictly as a technology vendor in a B2B capacity. We have no direct legal or contractual relationship with the individuals authorised by our Clients to access the Platform (“End-Users”). Our Clients are solely responsible for obtaining all necessary privacy consents from their End-Users before inputting any End-User data into the Platform. This Privacy Policy does not govern how our Clients handle their End-Users’ personal information.
We collect personal information that is reasonably necessary for us to provide our Services and to operate our business. The types of personal information we may collect include:
We collect personal information directly from our Clients when they register for the Services, complete Order Forms, communicate with us, or use the Services.
We use personal information for the following purposes:
We may disclose personal information to:
We do not sell or rent personal information to third parties for their marketing purposes.
5.1. Hosting Location: All Client Data and associated personal information are hosted on Amazon Web Services (AWS) infrastructure within the Asia-Pacific region, specifically in the AP-Southeast-2 (Sydney) region. This ensures that data remains within Australia, assisting our Clients with their APP compliance obligations.
5.2. Security Measures: We implement reasonable technical and organisational security measures to protect personal information from unauthorised access, disclosure, alteration, or destruction. However, as the Platform is in a phase of rapid development and provided on an “as-is” basis, we cannot guarantee completely secure operation.
As detailed in our Master Services Agreement, the Client grants PortfolioLogic a perpetual, irrevocable, royalty-free license to anonymize and aggregate Client Data. PortfolioLogic may use this anonymized data to improve the software, train algorithms, and generate industry benchmarks, provided that neither the Client nor any individual End-User can be identified. This aggregated, de-identified data is not considered personal information.
Clients may request access to the personal information we hold about them or request corrections to inaccurate or outdated information. Such requests should be made in writing to the contact details provided below. We will respond to requests within a reasonable timeframe and in accordance with the Privacy Act 1988 (Cth).
We retain personal information for as long as necessary to provide the Services, comply with our legal obligations, and resolve disputes. Upon termination of a Client’s Master Services Agreement, PortfolioLogic will retain Client Data for exactly thirty (30) days to allow the Client to export their data. On the 31st day, PortfolioLogic will permanently destroy all Client Data from its systems, except for anonymized derivative data or where legally required to retain it.
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify Clients of any material changes by posting the updated policy on our website or through other appropriate communication channels.
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
Portfolio Logic Pty Ltd ATF The PortfolioLogic Trust (trading as PortfolioLogic)
If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).