SUBURB STACK TERMS OF SERVICE

Last Updated: 27 January 2026

These Terms of Service (“Terms“) govern your access to and use of the Suburb Stack platform and services. By creating an account, subscribing to a plan, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. DEFINITIONS

In these Terms:

“Service” means the Suburb Stack platform, software, tools, and related services provided by Suburb Stack.

“Terms” means these Terms of Service.

“Content” means all text, images, data, branding, and other materials you provide, upload, or input into the Service.

“Generated Code” means all code, templates, page structures, rendering logic, schemas, and automated outputs created by the Service, including location-based pages, related pages/files and related technical infrastructure.

“Customer Data” means information collected from your current or potential customers, leads, website visitors, or end users through forms, tracking technologies, or other features of the Service.

“Partner” means an agency, reseller, or whitelabel user who uses the Service to provide services to their own clients.

“Client” means an end user of a Partner’s services who accesses the Service through the Partner.

“Administrator” means a user with elevated permissions to manage Account settings, add or remove users, control billing, and configure Service features for a Subscribing Organisation.

“Subscribing Organisation” means a company, entity, or organisation on whose behalf an Account is created and maintained.

“ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“CCA” means the Competition and Consumer Act 2010 (Cth).

“Personal Data” means any information that reasonably relates to an identified or identifiable individual.

“Published Content” means any Content or Generated Code made publicly accessible through the Service.

“Account” means your Suburb Stack user account.

“We,” “us,” “our” refers to Suburb Stack.

“You,” “your” refers to the user or Partner accessing or using the Service.

2. ACCEPTANCE AND ACCOUNT CREATION

2.1 By creating an Account, using the Service, starting a free trial or paying an invoice, you confirm that:

(a) you have read and agree to these Terms;

(b) you are at least 18 years old and have legal capacity to enter into binding agreements;

(d) you accept full responsibility for all use of your Account and any Content published through it.

2.2 You agree to maintain the confidentiality of your Account credentials and to notify us immediately of any unauthorised access or security breach.

2.3 Each Account is personal to you or your Subscribing Organisation and may not be shared (except as permitted in section 3.4), resold, or transferred without our prior written consent.

2.4 Password Sharing Responsibility

If you elect to share your Account login credentials with others to allow them to access your Account, you acknowledge and agree that you remain fully responsible for ensuring that all such users comply with these Terms, and you shall be liable for all actions taken by anyone accessing your Account using your credentials.

3. SUBSCRIPTION PLANS & PRICING

3.1 Plans and configuration

We offer subscription plans and configuration options (including any selectable target areas, service pages, usage limits, traffic or page limits and other inclusions) as described on our pricing page (Pricing Page) and/or in an order form, checkout screen or online sign-up flow (Order).

Your Subscription Fees are calculated based on the plan and configuration you select (including via any sliders or similar tools) at the time you place an Order, for each website (unless stated otherwise in the Order).

3.2 Prices, currency and taxes

Unless stated otherwise, prices are shown in United States Dollars (USD).

Prices exclude all applicable taxes, duties and government charges unless stated otherwise. Where Australian law requires prices to be displayed as a single total price (including GST and unavoidable fees), we will display prices to you on that basis in the applicable purchase flow.

3.3 Pricing Page forms of price

The Pricing Page may be updated from time to time, including to reflect changes in plans, inclusions, configuration options, usage tiers, and pricing. Updates to the Pricing Page do not, of themselves, amend these Terms.

The price payable by you for a Subscription Period is the price shown in the applicable Order (including at checkout) at the time you submit the Order, or as otherwise agreed in writing with us.

3.4 Changes to pricing for new and existing subscriptions

Any updated pricing applies to new subscriptions purchased after the update is published (or after any later effective date we specify).

If you have an active subscription, the price you were charged for your current Subscription Period (Legacy Price) will continue to apply until the earliest of:

the end of your then-current Subscription Period;

you upgrade, downgrade, add or remove websites, or otherwise change your plan or configuration (including slider selections); or

you renew (or your subscription rolls over) after we have given you notice of a price change under clause 3.4(c).

Notice of price increases. If we increase prices that apply to your Subscription on renewal or rollover, we will provide at least 30 days’ written notice before the new price takes effect (unless a shorter period is required to comply with law or a regulator direction).

If you do not agree to a price increase, you may cancel your subscription effective at the end of your then-current Subscription Period (or before the increase takes effect) in accordance with these Terms. If you continue your subscription after the effective date, you are taken to have accepted the new price for the next Subscription Period.

3.5 Usage-based charges and overages (if applicable)

If your plan includes usage limits (including traffic, pages, target areas, service pages or similar), we may (as described on the Pricing Page or in your Order) charge for usage above your plan limits, require you to move to a higher tier, or apply other measures described on the Pricing Page.

3.6 Non-refundable payments

Subscription Fees are non-refundable except as required by law or expressly stated in these Terms.

4. FREE TRIAL

4.1 Eligibility and trial access

New customers may be eligible for a 14-day free trial (Free Trial) on monthly plans.

During the Free Trial, you will have access only to the features and limits included in the plan and configuration you selected at sign-up (Selected Plan). Any add-ons, higher tiers or additional usage are excluded unless expressly enabled by us.

4.2 Payment details and authorisation

Valid payment details are required at sign-up. You authorise us (or our payment processor) to process a temporary authorisation or verification charge (which may appear as a pending transaction) to validate your payment method. Any such authorisation is not a fee and is typically reversed by your financial institution in accordance with its processes.

4.3 Automatic conversion to paid subscription (monthly or periodic subscriptions)

If you do not cancel before the end of the 14-day Free Trial, your subscription will automatically convert to a paid subscription and billing will commence for the next billing period at the price shown to you at checkout (or otherwise agreed in your Order) for your Selected Plan.

4.4 Annual licences

Free Trials are not available for annual subscriptions or annual licences unless we expressly offer a Free Trial to you in writing (including via an Order, promotion or other written notice) on an ad hoc basis. Any such Free Trial may be subject to additional conditions specified by us.

4.5 Limits, misuse and withdrawal

Free Trials are limited to one per customer (and we may also limit Free Trials to one per website, account, domain, business or payment method).

Free Trials must not be used for fraudulent purposes, competitive analysis, service testing (including load or penetration testing) or other misuse.

We may refuse, revoke or suspend a Free Trial (or limit trial access) if we reasonably suspect misuse, ineligibility or a breach of these Terms.

5. BILLING & CANCELLATION

5.1 Billing is processed monthly or annually (depending on your plan) and recurs automatically unless cancelled.

5.2 You may cancel your subscription at any time through your Account dashboard or by contacting support. Cancellation takes effect at the end of your current billing cycle.

5.3 No refunds or credits are provided for partial billing periods unless required by law.

5.4 We may suspend or terminate your Account immediately for non-payment, prohibited use, or breach of these Terms.

6. TRAFFIC COSTS

6.1 Included Usage

Each plan includes a specified amount of traffic (visits or page views) as set out in your plan details.

6.2 Exceeding Limits

If you exceed your included traffic allocation, we will notify you. You may:

(a) upgrade to a higher plan; or

(b) pre-approve additional usage charges.

6.3 Additional usage charges are non-refundable except as required by law.

6.4 We reserve the right to suspend access if traffic limits are significantly exceeded without prior arrangement.

7. ACCOUNT TYPES AND ADMINISTRATOR ROLES

7.1 Account Creation

You will be required to establish an Account to access the Service. We may offer and maintain different types of Accounts for different types of users with different features and functionality.

7.2 Accounts Created on Behalf of Organisations

If you create an Account on behalf of a Subscribing Organisation, then:

(a) “you” includes both you personally and that Subscribing Organisation;

(b) you represent and warrant that you are an authorised representative of the Subscribing Organisation with the authority to bind it to these Terms; and

7.3 Administrator Rights and Responsibilities

The person who creates an Account on behalf of a Subscribing Organisation is the initial Administrator and exercises certain options to determine:

(a) the level of access, permissions, and security settings for the Account;

(b) who can be a user of the Service under the Subscribing Organisation;

(d) billing and payment arrangements; and

(e) other Account configuration and management functions.

7.4 Additional and Successor Administrators

Once an Account has been created, the Subscribing Organisation may register additional Administrators. Each Administrator may designate other users as additional and/or successor Administrators, provided that each Administrator is responsible for confirming that such persons accept the responsibilities and obligations of an Administrator under these Terms.

7.5 Acceptance of Terms by Administrators

Upon becoming an Administrator, each person is deemed to have read, understood, and agreed to these Terms and accepts all obligations imposed on Administrators hereunder.

7.6 Billing Contact as Administrator

Any person designated as the billing contact in the billing record for a Subscribing Organisation will be deemed to assume the rights and obligations of an Administrator.

7.7 Administrator Liability

Each Administrator is jointly and severally liable with the Subscribing Organisation for compliance with these Terms and for all fees, charges, and obligations arising from use of the Service under that Account.

8. USER RESPONSIBILITIES AND WARRANTIES

8.1 General Responsibilities

You are solely responsible for:

(a) all Content you provide, upload, modify, or publish using the Service;

(b) ensuring that all Published Content is accurate, current, and lawful;

(d) updating or removing Published Content that becomes inaccurate or misleading;

(e) obtaining all necessary licences, permissions, and consents to use and publish Content; and

(f) compliance with all applicable laws, regulations, and third-party terms applicable to your use of the Service.

8.2 User Warranties

You represent and warrant that:

(a) you have the legal right and authority to publish all Content and to bind any business or entity on whose behalf you act;

(b) all information you provide regarding your business, including addresses, service areas, contact details, and operational capabilities, is accurate and complete;

(c) you have actual capacity to deliver the goods or services advertised in all locations for which you create or publish pages;

(d) all Published Content complies with applicable laws, including consumer protection, advertising standards, and intellectual property laws;

(e) you maintain appropriate records to substantiate all claims, representations, and statements made in Published Content; and

(f) your use of the Service does not infringe or violate any third-party rights.

8.3 Publication Acknowledgment

You acknowledge and agree that:

(a) the Service generates location-based pages and other content automatically based on data you provide;

(b) you are solely responsible for reviewing, verifying, and, if necessary, correcting all Generated Code and automated content before and after publication;

(c) publication of content occurs only when you actively elect to publish, and constitutes your express representation that the Published Content is accurate, lawful, and compliant with these Terms;

(d) Suburb Stack has no knowledge of your actual business operations, capabilities, service areas, or the accuracy of information you provide; and

(e) Suburb Stack does not verify, approve, endorse, or take responsibility for any Content or representations you make using the Service.

9. PROHIBITED USES

9.1 You must not use the Service to engage in or facilitate:

(a) unlawful, fraudulent, harmful, deceptive, or misleading activity;

(b) distribution, sale, or promotion of drugs, controlled substances, or illegal products or services;

(d) dissemination of hate speech, discrimination, harassment, or incitement to violence;

(e) distribution of malware, viruses, bots, or malicious code;

(f) misrepresentation of your identity, business, affiliation, or authority;

(g) unauthorised access to systems, networks, or data;

(h) infringement of intellectual property, privacy, or other proprietary rights;

(i) violation of advertising or marketing policies of third-party platforms (including Google Ads, Meta Ads, or other advertising networks);

(j) interference with, circumvention of, or attempts to compromise the security or integrity of the Service; or

(k) any activity that exposes Suburb Stack to legal, regulatory, or reputational risk.

9.2 We reserve the right to determine, in our sole discretion, whether conduct constitutes prohibited use under this section.

10. COMPLIANCE WITH AUSTRALIAN LAW

10.1 Competition and Consumer Act Compliance

You must ensure that all Content, Published Content, claims, representations, and statements created, modified, or published using the Service comply with the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

10.2 Misleading or Deceptive Conduct

Without limiting clause 10.1, you must not use the Service to engage in misleading or deceptive conduct or to make false or misleading representations, including but not limited to representations regarding:

(a) the geographic location, address, or presence of your business;

(b) the existence of offices, showrooms, branches, staff, facilities, or local operations;

(d) local availability, responsiveness, or operational capability;

(e) the nature, characteristics, quality, suitability, standard, or availability of goods or services;

(f) pricing, fees, delivery timeframes, or terms of supply; or

(g) sponsorship, affiliation, approval, or endorsement by third parties.

10.3 Other Legal Obligations

You must also comply with:

(a) all applicable state and territory fair trading legislation;

(b) advertising and marketing codes and standards;

(d) privacy and data protection laws (including the Privacy Act 1988 (Cth) and applicable state and territory privacy laws);

(e) spam and electronic marketing laws (including the Spam Act 2003 (Cth)); and

(f) intellectual property laws.

10.4 Prohibition on Deceptive Design Practices

You must not use deceptive design practices (commonly known as “dark patterns”) or other manipulative techniques to:

(a) mislead or deceive consumers or Customer Data subjects;

(b) obtain consents, permissions, or personal information through misrepresentation or coercion;

(d) interfere with users’ ability to make informed choices.

10.5 Suspension for Legal Risk

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

(a) we receive a complaint, notice, or allegation that your Published Content breaches the CCA, ACL, or other applicable laws;

(b) a regulatory authority (including the ACCC or a state/territory regulator) makes enquiries regarding your use of the Service;

(c) a third-party platform (such as Google or Meta) suspends, bans, or flags your account or content for policy violations; or

(d) we form a reasonable belief, based on specific evidence, that your use creates material legal, regulatory, or reputational risk to Suburb Stack.

10.6 Where practicable, we will notify you of any suspension and provide an opportunity to respond, except where immediate action is required to prevent ongoing harm, comply with legal obligations, or protect our interests.

11. USER CONTENT

11.1 Ownership of User Content

You retain ownership of all Content you create, provide, or upload to the Service (excluding Generated Code, which remains our property as set out in section 12).

11.2 Licence to User Content

By using the Service, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, store, reproduce, modify, and deploy your Content solely for the purposes of:

(a) providing, operating, and improving the Service;

(b) generating and publishing pages and other outputs on your behalf; and

11.3 This licence terminates when you delete Content or cancel your Account, except to the extent we are required to retain Content for legal, regulatory, or backup purposes.

11.4 No Editorial Control

Suburb Stack does not exercise editorial control over, and is not responsible for, the accuracy, legality, quality, or fitness for purpose of any Content or Published Content.

11.5 User Liability

You are solely liable for all Content and Published Content associated with your Account, including any claims, disputes, regulatory action, or legal proceedings arising from such content.

11.6 User Content Warranties

In connection with any Content that you submit, provide, or otherwise make available through the Service, you represent and warrant that:

(a) you have the written consent of each identifiable natural person in the Content, if any, to use such person’s name, image, or likeness in the manner contemplated by your use of the Service;

(b) you have obtained and are solely responsible for obtaining all rights, licences, and consents required by applicable law to submit, provide, or make available any Content;

(c) your Content and Suburb Stack’s use of it as contemplated by these Terms will not violate any applicable law or infringe any rights of any third party, including intellectual property rights and privacy rights; and

(d) to the best of your knowledge, all Content and information you provide is truthful and accurate.

12. CUSTOMER DATA AND LEAD INFORMATION

12.1 Collection of Customer Data

Certain features and functionalities of the Service allow you to collect Customer Data through forms, tracking technologies, lead capture mechanisms, and other tools provided by the Service.

12.2 Your Rights and Licence to Customer Data

As between you and Suburb Stack:

(a) you retain all ownership rights in Customer Data;

(b) you grant us a limited, non-exclusive, royalty-free licence to use, process, store, and transmit Customer Data solely for the purposes of providing the Service to you and as otherwise described in these Terms; and

(c) we have no right to sublicense, resell, or otherwise commercially exploit Customer Data, except as expressly permitted in section 12.3.

12.3 Suburb Stack’s Use of Anonymised and Aggregated Data

12.3.1 You agree that Suburb Stack may collect, analyse, and use data derived from Customer Data, including data collected from or about individuals, provided such data is anonymised or aggregated to reasonably avoid identification of any specific individual (“Anonymised Data“).

12.3.2 Suburb Stack may use Anonymised Data for purposes including but not limited to:

(a) operating, analysing, improving, and optimising the Service;

(b) developing new features, products, and services;

(d) marketing and promotional activities; and

(e) publicly disclosing aggregated statistics and insights (provided no specific individual or business is identifiable).

12.3.3 Suburb Stack retains all rights to Anonymised Data both during and after the term of these Terms. You acknowledge that Anonymised Data does not constitute Customer Data or Personal Data once appropriately anonymised.

12.4 Your Responsibilities for Customer Data

12.4.1 Lawful Collection

You represent, warrant, and agree that:

(a) you will collect all Customer Data lawfully, with full transparency, and in accordance with all applicable privacy and data protection laws;

(b) you have obtained or will obtain all necessary consents, permissions, and authorisations required by law to collect, use, process, and share Customer Data with Suburb Stack;

(c) you have not and will not engage in material misrepresentation, deception, fraud, or other improper means (including dark patterns or deceptive design practices) to cause Customer Data to be collected through the Service;

(d) all Customer Data complies with applicable laws and does not violate any person’s or entity’s rights; and

(e) you have established and published a privacy policy that complies with applicable privacy and data protection laws.

12.4.2 Privacy Policy Requirements

If your use of the Service involves the collection of Customer Data or Personal Data, you must:

(a) establish, publish, and maintain a privacy policy on your User Pages or website that complies with all applicable privacy and data protection laws;

(b) provide adequate notice, disclosure, and choices to individuals regarding your collection, use, disclosure, and protection of their Personal Data;

(c) disclose your use of cookies, tracking pixels, web beacons, session replay scripts, embedded scripts, location-identifying technologies, and similar tracking technologies;

(d) disclose any third parties’ collection and use of information from individuals who access your User Pages; and

(e) obtain all necessary consents and permissions from individuals as required by applicable law.

12.4.3 Suburb Stack is not responsible for reviewing, approving, or ensuring the adequacy of any privacy policy on your User Pages, nor is it responsible for obtaining any necessary consents or permissions from individuals on your behalf.

12.5 Prohibition on Sensitive Personal Data

Under no circumstances may you use the Service to collect, process, or transmit sensitive Personal Data, including but not limited to:

(a) racial or ethnic origin;

(b) political opinions or affiliations;

(d) trade union membership;

(e) genetic or biometric data used for identification purposes;

(f) health or medical information;

(g) sexual orientation or sexual life;

(h) financial information (such as credit card numbers, bank account details, or financial records);

(i) government-issued identification numbers (such as tax file numbers, driver’s licence numbers, or passport numbers);

(j) criminal history or allegations of criminal conduct; or

(k) information about children under the age of 13 (or such higher age as required by applicable law).

12.6 Compliance with Applicable Data Laws

12.6.1 For purposes of this section, “Applicable Data Law” means all data protection and privacy laws, regulations, and self-regulatory codes applicable to the Personal Data in question, including but not limited to:

(a) the Privacy Act 1988 (Cth) and Australian Privacy Principles;

(b) applicable state and territory privacy legislation;

(d) Canadian federal and provincial privacy laws (where applicable);

(e) US state and federal consumer data privacy laws (where applicable); and

(f) any other applicable national or local data protection and privacy laws.

12.6.2 You acknowledge that Customer Data may qualify as or include Personal Data and that Applicable Data Law applies to your use and processing of such Personal Data.

12.6.3 You agree to comply with all Applicable Data Law with respect to your collection, use, processing, storage, disclosure, and protection of any Personal Data collected through the Service.

12.7 No Responsibility for Customer Data Compliance

Suburb Stack is not responsible for:

(a) your compliance with Applicable Data Law;

(b) the accuracy, legality, or quality of Customer Data you collect;

(d) reviewing or monitoring how you collect, use, or process Customer Data; or

(e) any claims, disputes, or regulatory action arising from your collection, use, or processing of Customer Data.

13. INTELLECTUAL PROPERTY

13.1 Suburb Stack IP

We own and retain all rights, title, and interest in and to:

(a) the Service, including all software, code, algorithms, systems, templates, tools, and infrastructure;

(b) all Generated Code, including location-based pages, rendering logic, schemas, automation workflows, and page structures;

(d) all improvements, updates, and derivatives of the above; and

(e) all trademarks, trade names, branding, and proprietary materials associated with Suburb Stack.

13.2 User IP

You retain ownership of:

(a) your business name, branding, logos, and proprietary materials;

(b) original written content, descriptions, and copy you create (excluding Generated Code templates and structures);

(d) Customer Data (subject to section 12.3 regarding Anonymised Data).

13.3 Licence to Generated Code

During your active subscription, we grant you a limited, non-exclusive, non-transferable licence to use Generated Code solely for the purpose of operating your published pages through the Service.

13.4 Termination of Licence

Upon cancellation or termination of your Account:

(a) all Generated Code ceases to operate and render;

(b) your licence to use Generated Code terminates immediately;

(c) you must not copy, export, replicate, reverse-engineer, self-host, or otherwise use or reproduce Generated Code or our proprietary systems; and

(d) you may export your own Content and Customer Data as permitted under section 19.

13.5 Restrictions

You must not:

(a) remove, obscure, or alter any proprietary notices, trademarks, or attribution on the Service or Generated Code;

(b) attempt to reverse-engineer, decompile, or extract source code from the Service;

(d) resell, sublicense, or redistribute the Service except as expressly permitted under the Partner terms (section 21).

14. DATA SECURITY AND PRIVACY

14.1 We implement reasonable technical and organisational measures to protect your data, Content, and Customer Data from unauthorised access, loss, or misuse.

14.2 You acknowledge that no system is entirely secure, and we cannot guarantee absolute security of data transmitted to or stored within the Service.

14.3 In the event of a data breach that affects your Account, Content, or Customer Data, we will notify you in accordance with applicable privacy and data breach notification laws.

14.4 Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at Privacy Policy – Suburb Stack. By using the Service, you consent to such collection, use, and disclosure.

14.5 You are responsible for ensuring that your own collection, use, and handling of Personal Data and Customer Data through Published Content complies with applicable privacy and data protection laws.

15. THIRD-PARTY INTEGRATIONS AND PLATFORMS

15.1 The Service integrates with third-party platforms and services, including but not limited to:

(a) Google services (Google Ads, Google My Business, Google Search Console, Google Analytics, Google Maps, Google Places API);

(b) content management systems (WordPress, Webflow, Go High Level, Wix, and others);

(d) analytics and tracking tools (Google Tag Manager, Meta Pixel, and others);

(e) OpenAI and other AI services; and

(f) other platforms and APIs as may be added from time to time.

15.2 Acceptance of Third-Party Terms

By using the Service and any third-party integrations, you agree to be bound by the terms of service, acceptable use policies, advertising policies, and other terms and conditions of each third-party platform (“Third-Party Terms“).

15.3 You are solely responsible for:

(a) complying with all Third-Party Terms;

(b) maintaining active accounts and authorisations with third-party platforms;

(d) any consequences of violating Third-Party Terms, including suspension or termination by third-party platforms.

15.4 We are not responsible for the availability, functionality, terms, policies, or actions of third-party platforms. Third-party integrations may be modified, restricted, or discontinued at any time without liability to you.

15.5 Upon termination of your Account, all third-party integrations and access permissions are revoked immediately.

16. DISCLAIMERS & LIMITATION OF LIABILITY

16.1 Service Provided “As Is”

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

16.2 No Guarantees

We do not warrant or guarantee that:

(a) the Service will meet your requirements or achieve any particular result;

(b) the Service will be available, secure, or error-free at all times;

(d) integrations with third-party platforms will function as expected or remain available;

(e) your use of the Service will result in traffic, leads, conversions, revenue, or any business outcome; or

(f) defects or errors will be corrected.

16.3 No Legal or Compliance Advice

Nothing in these Terms, the Service, or any communication with Suburb Stack constitutes legal, tax, compliance, or professional advice. You are solely responsible for:

(a) obtaining independent legal advice regarding your obligations under the CCA, ACL, privacy laws, and other applicable laws;

(b) implementing compliance processes to review and verify Content, Published Content, and Customer Data collection practices; and

(c) ensuring your use of the Service complies with all laws and regulations applicable to your business, industry, and jurisdiction.

16.4 Exclusion of Liability

To the fullest extent permitted by law, Suburb Stack and its directors, officers, employees, and agents are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

(a) loss of revenue, profits, business, data, or opportunities;

(b) reputational harm or damage to goodwill;

(d) suspension or termination by third-party platforms;

(e) advertising disputes, account bans, or policy violations;

(f) downtime, service interruptions, or system failures;

(g) data loss or corruption;

(h) privacy breaches or data protection violations arising from your collection or handling of Customer Data; or

(i) any claim arising from your breach of these Terms or applicable laws.

16.5 Limitation of Liability

Where liability cannot be excluded under the ACL or other applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service is limited to the total subscription fees you paid to Suburb Stack in the 12 months immediately preceding the event giving rise to liability.

16.6 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees under the ACL or other law that cannot lawfully be excluded.

17. INDEMNITY

17.1 General Indemnity

You agree to indemnify and hold harmless Suburb Stack, its directors, officers, employees, contractors, and agents from and against any and all claims, demands, investigations, proceedings, losses, damages, penalties, fines, costs (including legal costs on a solicitor-client basis), and liabilities arising out of or in connection with:

(a) your breach of these Terms;

(b) your breach of any applicable law including, but not limited to, the CCA, ACL, privacy laws, or spam laws;

(c) any misleading or deceptive conduct, false or misleading representation, or other unlawful activity attributable to Content or Published Content you created, modified, approved, or published using the Service;

(d) your collection, use, processing, disclosure, or protection of Customer Data or Personal Data, including any breach of Applicable Data Law;

(e) any third-party claim relating to the accuracy, legality, quality, or fitness for purpose of your Published Content or Customer Data practices;

(f) your infringement or violation of any third-party intellectual property, privacy, or other proprietary rights;

(g) your breach of Third-Party Terms or violation of third-party platform policies;

(h) any dispute, chargeback, refund claim, or complaint arising from your use of the Service or your dealings with customers, leads, or clients; or

(i) any negligent, reckless, or intentional conduct on your part.

17.2 Exclusions and Limitations

This indemnity is subject to and does not exclude or limit:

(a) any liability that cannot be excluded or limited under the ACL or other applicable law; or

(b) Suburb Stack’s own liability for misleading conduct, negligence, or other wrongful acts attributable solely to the design, operation, or default functionality of the Service itself (and not to Content, Customer Data, or data you provided).

17.3 Cooperation

You must reimburse Suburb Stack for all reasonable costs and expenses (including legal costs) incurred in responding to regulatory enquiries, complaints, investigations, or legal proceedings arising from your use of the Service, provided we:

(a) notify you promptly of any such matter; and

(b) allow you a reasonable opportunity to participate in or manage the response.

17.4 Survival

Your indemnity obligations under this section survive termination of these Terms and your Account indefinitely.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before commencing any formal dispute resolution process, you agree to first attempt to resolve any dispute or complaint by:

(a) submitting a support ticket through your Account dashboard or emailing [email protected]; and

(b) engaging in good faith discussions with us for a period of at least 14 days.

18.2 Escalation

If the dispute cannot be resolved informally, you may escalate the matter by submitting a formal written complaint to [email protected] including:

(a) a detailed description of the dispute;

(b) supporting documentation; and

We will respond to formal complaints within 14 business days.

18.3 Mediation

If the dispute remains unresolved after 30 days of good faith negotiation, either party may refer the matter to mediation administered by a mutually agreed mediator in accordance with applicable laws governing mediation.

18.4 Costs

Each party bears its own costs of informal resolution and mediation. Costs of any litigation are subject to court orders.

19. TERM & TERMINATION

19.1 Term

These Terms commence when you create an Account or first use the Service and continue until your Account is cancelled or terminated.

19.2 Termination by You

You may cancel your Account at any time through your dashboard or by contacting support. Cancellation takes effect at the end of your current billing cycle.

19.3 Termination or Suspension by Us

We may suspend or terminate your Account immediately, with or without notice, if:

(a) you breach these Terms;

(b) you engage in prohibited uses as set out in section 9;

(d) we receive a complaint, regulatory enquiry, or legal demand relating to your use of the Service;

(e) you fail to pay fees when due;

(f) we reasonably believe your use creates legal, regulatory, or reputational risk to Suburb Stack; or

(g) we are required to do so by law or court order.

19.4 Effect of Termination

Upon termination or cancellation of your Account:

(a) your access to the Service is revoked immediately;

(b) all Generated Code ceases to operate and render;

(d) all third-party integrations and access permissions are revoked;

(e) all outstanding fees become immediately due and payable;

(f) you must immediately cease all use of the Service and Generated Code; and

(g) sections 8, 11, 12, 13, 14, 17, 20, 24, and any other provisions that by their nature should survive termination, remain in full force and effect.

19.5 No Refunds

No refunds or credits are provided upon termination or cancellation, except as required by law.

19.6 Suspension Pending Investigation

We may temporarily suspend your Account while investigating suspected breaches without liability to you.

20. EXPORT OF DATA

20.1 Upon request prior to or within 30 days following termination or cancellation of your Account, we will provide you with an export of:

(a) your Content (text, descriptions, copy, and data you originally provided);

(b) Customer Data collected through the Service;

(c) images, videos, and media you uploaded (excluding any formatting, templates, or presentation created by Generated Code);

(d) basic metadata (page titles, URLs, publication dates); and

(e) any other data you are entitled to under applicable privacy or data protection laws.

20.2 Exclusions

Upon termination or cancellation of your Account, you are not entitled to export:

(a) Generated Code, templates, schemas, or any proprietary software or systems;

(b) rendering logic, automation workflows, or technical infrastructure;

(d) Anonymised Data or aggregated data; or

(e) analytics, insights, or benchmarking data derived from the Service.

20.3 Format and Delivery

Exported data will be provided in a commonly used format (such as CSV, JSON, or plain text) and delivered via secure download link or email.

20.4 Timeframe

We will process export requests within 14 business days. Requests made more than 30 days after termination may not be accommodated.

20.5 No Ongoing Access

Export of data does not grant you any ongoing right to access, use, or replicate the Service or Generated Code.

21. PARTNER / AGENCY TERMS

(This section applies only to Partners or agencies using Suburb Stack under a whitelabel or reseller arrangement. Standard customers may disregard this section.)

21.1 Definitions

In this section:

“Partner” means an agency, reseller, or whitelabel account holder authorised to use the Service to provide services to Clients.

“Client” means an end user or customer of a Partner who accesses Published Content or services created using the Service.

21.2 Branding & Whitelabel

21.2.1 You may represent and offer the Service under your own branding, domain name, and logo, provided that:

(a) such branding is not misleading, deceptive, or likely to confuse consumers or Clients;

(b) you comply with all applicable laws, including the CCA and ACL; and

(c) you do not claim ownership of, authorship over, or proprietary rights in the Suburb Stack platform, Service, or Generated Code.

21.2.2 You are solely responsible for all client-facing communication, billing, invoicing, contracts, support, and customer service provided to your Clients.

21.2.3 Suburb Stack is not responsible for your relationship with your Clients or any disputes, complaints, or claims arising from your provision of services.

21.3 Non-Solicitation

21.3.1 We will not knowingly contact, solicit, or market directly to Clients you have acquired and are actively managing through your whitelabel setup.

21.3.2 If a Client contacts us independently or requests to work with Suburb Stack directly, we may redirect them to you where practicable, but are not obligated to do so.

21.3.3 This clause does not prevent Suburb Stack from conducting general public marketing, advertising, or promotional activities.

21.4 Revenue, Billing & Partner Rates

21.4.1 Retail Pricing

You set your own retail pricing, billing terms, and payment arrangements with your Clients. All fees charged to Clients are between you and the Client; Suburb Stack has no involvement in or responsibility for such arrangements.

21.4.2 Partner Fees

We bill you directly for Partner plan fees based on the number of active websites or Clients you manage through the Service. Partner fees are non-refundable except as required by law.

21.4.3 Client Non-Payment

Non-payment or default by your Clients does not relieve you of your obligation to pay Partner fees to Suburb Stack.

21.4.4 Bulk Discount Tiers

Partners receive automatic discounts based on the number of active websites managed:

0–4 websites: 5% discount

5–9 websites: 10% discount

10–14 websites: 15% discount

15+ websites: 20% discount

Discounts apply automatically and are calculated based on active websites in each billing cycle.

21.5 Partner Compliance Obligations

21.5.1 General Compliance

You must ensure that both you and all Clients comply with:

(a) these Terms (including all user responsibilities, warranties, and prohibited uses);

(b) the CCA, ACL, privacy laws, spam laws, and all other applicable laws;

(d) all industry-specific regulations and standards applicable to your business or Clients’ businesses.

21.5.2 Monitoring and Oversight

You are solely responsible for:

(a) screening and vetting Clients before granting access to the Service;

(b) monitoring Clients’ use of the Service and Published Content for compliance with these Terms and applicable laws;

(c) providing training, guidance, and support to Clients regarding their obligations (including ACL compliance and Customer Data collection requirements);

(d) promptly addressing any non-compliance or prohibited use by Clients; and

(e) notifying us immediately of any suspected misuse, breach, or legal risk arising from Client activity.

21.5.3 Misleading Conduct and Customer Data Compliance

You must ensure that Clients do not:

(a) engage in misleading or deceptive conduct or make false or misleading representations;

(b) violate privacy or data protection laws in their collection or use of Customer Data;

(d) collect sensitive Personal Data as prohibited under section 12.5.

You acknowledge that you are solely responsible and liable for any such conduct by Clients, and agree to indemnify Suburb Stack accordingly.

21.6 Flow-Down of Terms to Clients

21.6.1 Binding Clients to Suburb Stack Terms

You must bind your Clients to terms and conditions that are no less protective of Suburb Stack than these Terms.

21.6.2 Required Contract Clause

Your Client agreements must include the following clause (or substantially similar language):

Use of Suburb Stack Platform

You acknowledge that services provided under this agreement are powered by the Suburb Stack platform. Your use of the platform and any Published Content is subject to Suburb Stack’s Terms of Service, available at https://suburbstack.com/terms-of-service/.

By using the platform or publishing content, you agree to be bound by Suburb Stack’s Terms of Service as they apply to end users.

21.6.3 Conflicts

In the event of any conflict between these Partner Terms and the standard user Terms, the Partner Terms prevail to the extent of the inconsistency.

21.7 Relationship and Authority

21.7.1 You acknowledge and agree that:

(a) you are an independent contractor, not an agent, employee, partner, or representative of Suburb Stack;

(b) you have no authority to bind Suburb Stack, make representations on our behalf, or create obligations for Suburb Stack;

(d) Suburb Stack has no direct contractual relationship with, knowledge of, or control over your Clients’ businesses, operations, or use of Published Content.

21.7.2 You must not represent yourself as an agent, affiliate, or authorised representative of Suburb Stack unless expressly authorised in writing.

21.8 Partner Indemnity

21.8.1 In addition to the indemnities in section 17, you agree to indemnify and hold harmless Suburb Stack from and against any claims, losses, damages, costs, or liabilities arising from:

(a) misleading or deceptive conduct or false or misleading representations by any Client you authorise to use the Service;

(b) privacy or data protection violations by you or your Clients, including unlawful collection, use, or disclosure of Customer Data or Personal Data;

(d) your breach of the flow-down obligations in section 21.6;

(e) any representation that you, your Clients, or any third party is authorised to act on behalf of or in partnership with Suburb Stack;

(f) Client disputes, chargebacks, refunds, unpaid invoices, or complaints arising from your provision of services; or

(g) any breach by you or your Clients of these Terms, applicable laws, or Third-Party Terms.

21.9 Professional Indemnity Insurance (Best Practice Recommendation)

21.9.1 We strongly recommend that Partners maintain professional indemnity insurance with coverage for:

(a) claims arising from misleading or deceptive conduct or false or misleading representations;

(b) privacy or data protection breaches;

(d) disputes, claims, or legal proceedings arising from Client relationships; and

(e) regulatory investigations or enforcement actions.

21.9.2 While not currently mandatory, maintaining appropriate insurance is a best practice that protects both you and your Clients and may be required in future updates to these Terms.

21.10 Term & Termination (Partners)

21.10.1 Termination by Partner

You may terminate your Partner account at any time by providing 30 days’ written notice. Termination takes effect at the end of the notice period, subject to payment of all outstanding fees.

21.10.2 Termination or Suspension by Suburb Stack

We may suspend or terminate your Partner account immediately if:

(a) you or any Client breach these Terms;

(b) you fail to comply with your monitoring, oversight, or flow-down obligations;

(d) your or your Clients’ use creates legal, regulatory, or reputational risk to Suburb Stack; or

(e) you fail to pay Partner fees when due.

21.10.3 Effect of Partner Termination

Upon termination of your Partner account:

(a) your whitelabel access and Partner privileges are revoked immediately;

(b) Clients may request to transfer their accounts directly to Suburb Stack (at our discretion);

(d) you must immediately cease representing the Service under your branding; and

(e) all other termination consequences in section 19.4 apply.

22. UPDATES TO THESE TERMS

22.1 We may update, modify, or replace these Terms at any time by posting the updated Terms on our website and notifying you via email or Account dashboard.

22.2 We will provide at least 30 days’ notice of material changes that adversely affect your rights.

22.3 Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.

22.4 If you do not agree to updated Terms, you must cancel your Account before the effective date.

23. FORCE MAJEURE

23.1 Neither party is liable for delays or failure to perform obligations under these Terms due to events beyond their reasonable control, including but not limited to:

(a) acts of God, natural disasters, pandemics, or severe weather;

(b) war, terrorism, civil unrest, or government action;

(d) cyberattacks, data breaches, or malicious activity by third parties; or

(e) any other unforeseeable event or circumstance.

23.2 The affected party must notify the other party as soon as reasonably practicable and resume performance as soon as the force majeure event ceases.

23.3 If a force majeure event prevents delivery of the Service for more than 30 consecutive days, you may cancel your Account and receive a pro-rata refund for prepaid fees covering the affected period.

24. GENERAL PROVISIONS

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Suburb Stack and supersede all prior agreements, representations, or understandings.

24.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision is severed and the remaining provisions remain in full force and effect.

24.3 Waiver

No waiver of any provision of these Terms is effective unless in writing and signed by Suburb Stack. Failure to enforce any right or provision does not constitute a waiver of that right or provision.

24.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without your consent.

24.5 Notices

All notices under these Terms must be in writing and sent to:

For Suburb Stack: [email protected]

For you: the email address associated with your Account

Notices are deemed received when sent via email or 3 business days after posting if sent by mail.

24.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Suburb Stack.

24.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

25. GOVERNING LAW

25.1 These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

25.2 Jurisdiction

Subject to section 18 (Dispute Resolution):

(a) if you are located in Australia, disputes are subject to the exclusive jurisdiction of the courts of Western Australia; or

(b) if you are located outside Australia, disputes are subject to the exclusive jurisdiction of the courts of Western Australia.

25.3 Both parties submit to the jurisdiction of the applicable courts and waive any objection to venue or inconvenient forum.

ACCEPTANCE

By creating an Account, subscribing to a plan, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

If you have any questions about these Terms, please contact us at [email protected].

END OF TERMS OF SERVICE

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