Terms of Service

1. About these terms

These Terms of Service (“Terms”) are between you and [Legal Entity Name] (ABN [ABN]), trading as Cotton IQ (“Cotton IQ”, “we”, “us”, “our”). They govern your use of the Cotton IQ website (cottoniq.app), the portal and IQ1 platform (portal.cottoniq.app) and related services (together, the “Services”).

By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a business, you confirm you are authorised to bind that business. Where a separate written agreement or order form is in place between us, that agreement prevails to the extent of any inconsistency with these Terms.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Services.
• You are responsible for the accuracy of the information you provide and for keeping your account credentials secure.
• You are responsible for all activity that occurs under your account, and for the acts of users you invite. Notify us promptly of any suspected unauthorised use.

3. Your data and content

You retain ownership of the data and content you upload to the Services. You grant us the licence needed to host, process and display that data to provide the Services to you, as described in our Data & Security Policy. You are responsible for ensuring you have the rights to provide the data you upload and that doing so does not breach any obligation you owe to a third party.

4. Acceptable use

You must not:

• use the Services in breach of any law, or for any unlawful, harmful or fraudulent purpose;
• upload malicious code, or attempt to gain unauthorised access to the Services, other accounts, or our systems;
• interfere with or disrupt the integrity or performance of the Services;
• copy, resell, sublicense or commercially exploit the Services except as expressly permitted;
• reverse engineer or attempt to extract the source code of the Services, except to the extent this restriction is prohibited by law; or
• access another party's data without authorisation.

5. Intellectual property

The Services, including all software, design, text, graphics and the Cotton IQ and IQ1 names and logos, are owned by us or our licensors and are protected by intellectual property laws. Except for the rights expressly granted to you, no rights are transferred. We grant you a non-exclusive, non-transferable, revocable licence to use the Services during your subscription for your own business purposes.

6. Insights are decision-support

The analysis, benchmarks, insights and recommendations produced by the Services are provided to support your decision-making. They are based on the data available and are not financial, agronomic, legal or trading advice. You remain responsible for your own commercial decisions, and we recommend you consider your own circumstances and seek professional advice where appropriate. We do not guarantee any particular outcome, return or accuracy.

7. Fees

Where the Services are provided on a paid basis, the fees, billing cycle and payment terms will be set out in your order form or subscription. Unless stated otherwise, fees are exclusive of GST and are non-refundable except as required by law.

8. Availability and changes

We aim to keep the Services available and reliable, but we do not warrant uninterrupted or error-free operation. We may modify, suspend or discontinue features from time to time, and we may carry out maintenance. We will use reasonable efforts to give notice of material changes that affect you.

9. Third-party services

The Services may integrate with or link to third-party services (for example, data providers or the portal login). We are not responsible for third-party services, and your use of them may be subject to their own terms.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.

11. Limitation of liability

To the maximum extent permitted by law, and subject to section 10, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data or business, arising out of or in connection with the Services. To the extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us for the Services in the 12 months before the event giving rise to the liability.

12. Indemnity

You agree to indemnify us against claims, loss or damage arising from your breach of these Terms, your misuse of the Services, or your infringement of any third-party right, except to the extent caused by us.

13. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users. On termination, your right to use the Services ends. Provisions that by their nature should survive termination (including sections 3, 5, 10–12 and 15) will survive. Your rights in relation to your data on termination are set out in our Data & Security Policy.

14. Privacy

Our handling of personal information is governed by our Privacy Policy and Data & Security Policy, which form part of these Terms.

15. Governing law

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

16. Changes to these terms

We may update these Terms from time to time. The current version will always be available at cottoniq.app/terms. If we make material changes, we will take reasonable steps to notify you. Continued use of the Services after changes take effect means you accept the updated Terms.

17. Contact

Questions about these Terms can be directed to admin@cottoniq.app.