Terms and Conditions

Last updated: December 5, 2025

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Service or parts of our Service.

• Aggregator means a mortgage aggregation company that provides mortgage brokers with access to lender panels and processes trail commission payments.

• Analysis means any report, chart, calculation, valuation, projection, or other output generated by the Service based on Your uploaded data.

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Track My Trail, PO Box 155, Northlands PO 6905.

• Content refers to any data, text, images, or other information that You upload, submit, or transmit through the Service.

• Country refers to: Australia.

• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

• Service refers to the Track My Trail website, application, and all associated features and functionality.

• Subscription means the paid access to the Service under one of Our available plans (monthly or yearly).

• Terms or Terms and Conditions mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Trail Report means the commission statement or spreadsheet provided by Your Aggregator containing commission data.

• Website refers to Track My Trail, accessible from this URL.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acceptance of Terms

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You do not agree to all of these Terms, You must not access or use the Service.

These Terms constitute a legally binding agreement between You and the Company regarding Your use of the Service. By creating an account, subscribing to a plan, or otherwise using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms.

3. Eligibility

To use the Service, You must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws

By using the Service, You represent and warrant that You meet all of the above eligibility requirements.

4. Description of Service

4.1 Service Overview

Track My Trail is a software-as-a-service (SaaS) platform that provides mortgage brokers with tools to analyse their trail commission data. Depending on Your subscription plan, the Service allows You to:

• Upload Trail Reports from supported mortgage Aggregators
• Compare trail commissions across different time periods
• Store trail data securely for long-term analysis (with Your consent)
• Generate reports and visualisations of Your trail book performance
• Access additional features such as missing trail detection, lifetime value analytics, trail book valuations, and other analytical tools

The specific features available to You depend on Your subscription plan. Feature availability and functionality may vary between plans and may be modified, added, or removed over time. Current plan details and feature inclusions are displayed on Our pricing page.

4.2 Data Storage

The Service offers two modes of operation:

• Quick Analysis: Your trail data is processed for immediate month-on-month analysis and is not stored in any form of long-term storage.
• Trail History: With Your explicit consent, Your trail data is encrypted and stored securely to enable long-term tracking, historical analysis, and advanced features. You may opt out at any time.

All sensitive data stored in Trail History is encrypted. We do not sell or share Your trail data with third parties. For more information, please see our Privacy Policy.

4.3 Subscription Access and License Grant

Subject to Your compliance with these Terms and payment of all applicable fees, the Company grants You a limited, non-exclusive, non-transferable, revocable right to access and use the Service during Your active Subscription period, solely for Your internal business purposes.

4.4 No Ownership Rights

You acknowledge and agree that:

• Your Subscription provides access to the Service, not ownership of any software, technology, or intellectual property.
• You obtain no ownership rights in the Service, its underlying technology, or any associated intellectual property as a result of Your use or Subscription.
• The Service is provided as a hosted, cloud-based solution and is not sold, licensed for perpetual use, or otherwise transferred to You.
• All rights not expressly granted to You are reserved by the Company.

4.5 Subscription Period and Termination of Access

Your right to access and use the Service is strictly limited to Your active Subscription period. Upon expiration, cancellation, or termination of Your Subscription for any reason:

• Your right to access and use the Service will cease immediately (or at the end of Your current billing period, as applicable).
• You will no longer be able to log in, upload data, view analyses, or use any features of the Service.
• The Company has no obligation to maintain or provide access to any of Your data after the Subscription ends, subject to any data retention obligations stated elsewhere in these Terms.

5. Account Registration and Security

5.1 Account Creation

To access certain features of the Service, You must register for an Account. When You register, You agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update Your Account information to keep it accurate and complete
• Maintain the security and confidentiality of Your login credentials
• Accept responsibility for all activities that occur under Your Account
• Notify Us immediately of any unauthorised use of Your Account

You may register through Third-party Social Media Services (such as Google, Facebook, or Microsoft). If You choose to do so, You authorise Us to access and use certain information from those services as permitted by those services and as described in Our Privacy Policy.

5.2 Account Security

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your Account. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

5.3 Account Restrictions

Each Subscription is associated with a single user Account. You may not share Your Account credentials or allow multiple individuals to use Your Account. If You require access for multiple users, please contact us about our team and enterprise options.

We reserve the right to suspend or terminate Your Account if any information provided proves to be inaccurate, not current, or incomplete, or if We reasonably believe there has been unauthorised access to Your Account.

6. Subscriptions and Payments

6.1 Available Plans

We offer various subscription plans with different features and pricing. The specific features and pricing of each plan are displayed on Our Website and may be updated from time to time.

6.2 Free Trial

New users may be eligible for a free trial period. The free trial does not require a payment method, and You will not be charged unless You choose to upgrade to a paid subscription.

One Free Trial Per Person: Each individual is entitled to only one free trial. Attempting to obtain multiple free trials by creating additional accounts, using different email addresses, or any other means constitutes a violation of these Terms and may result in immediate termination of all associated accounts.

Discretionary Availability: Free trials are offered entirely at Our sole discretion. We reserve the right to:

• Modify, suspend, or discontinue the free trial offering at any time without notice
• Revoke or terminate any free trial at any time, for any reason, without liability
• Deny free trial eligibility to any user at Our discretion
• Determine eligibility criteria for free trials, which may change without notice

6.3 Monthly Plans

If You sign up for a monthly plan, You pay month by month and can cancel at any time from Your account page. If You cancel, You retain access until the end of Your current billing period, and Your subscription will not renew. Cancellation stops future billing only; no prorated refunds are provided for the partial month, and access continues through the end of the month already paid.

6.4 Yearly Plans

If You sign up for a yearly plan, You pay for the full year upfront and receive access to Your selected plan for 12 months. You may cancel at any time to prevent being charged for the next year. If You cancel during the year, Your plan remains active for the full 12 months You have already paid for, meaning Your access continues until the end of that 12-month term, and no refunds or prorations apply for the unused remainder.

6.5 Payment Processing

All payments are processed securely through Stripe. We accept Visa, Mastercard, American Express, and direct debit. By providing Your payment information, You authorise Us to charge the applicable subscription fees to Your designated payment method. All prices are inclusive of GST (Goods and Services Tax) where applicable.

6.6 Price Changes

We reserve the right to modify Our pricing at any time. Any price changes will be communicated to You in advance and will apply to Your next billing cycle. Existing subscribers on grandfathered pricing may retain their current rate for as long as they maintain an active subscription without interruption.

7. Cancellation and Refund Policy

All sales are final—we do not offer refunds for any subscription payments, whether monthly or yearly. However, subject to Your continued compliance with these Terms (including Our suspension or termination rights), You retain access to the Service until Your current billing period ends. If You’re on a yearly plan and cancel mid-year, Your plan remains active for the full 12 months You’ve already paid for.

7.1 How to Cancel

You may cancel Your subscription at any time by:

• Going to Your account page
• Clicking “Manage Your Subscription” (this opens Your billing portal)
• Selecting “Cancel subscription” in the billing portal to complete cancellation

7.2 Effect of Cancellation

When You cancel:

• Your subscription will not renew at the end of the current billing period
• You will retain access to the Service until Your current billing period ends, provided You remain in compliance with these Terms and are not otherwise suspended or terminated under Section 16
• No partial refunds will be provided for unused portions of Your subscription period
• If You are on a grandfathered pricing plan, You will permanently lose access to that pricing upon cancellation

7.3 Data Deletion Upon Cancellation

For Pro Performance and Elite Suite users: Your trail book data stored in Trail History will be deleted within 14 days of Your active subscription ending.

For Excel Escape users: We do not store any of Your trail book data in Trail History, so there is no trail book data to delete when You cancel.

7.4 No Refunds

We do not provide refunds for:

• Monthly subscription payments
• Yearly subscription payments (whether partial or full)
• Any unused portion of a subscription period
• Subscriptions cancelled before the end of a billing period
• Dissatisfaction with the Service

By subscribing to the Service, You acknowledge and agree to this no-refund policy.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide continuous access to the Service, but We do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Unscheduled maintenance or repairs
• Technical failures or issues
• Circumstances beyond Our reasonable control

We will endeavour to provide notice of scheduled maintenance where practicable, but We are not liable for any downtime or service interruptions.

8.2 Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also add, modify, or remove features and functionality from the Service. We are not liable to You or any third party for any modification, suspension, or discontinuation of the Service.

8.3 Updates to Aggregator Support

The Service supports specific mortgage Aggregators and their Trail Report formats. We may add or remove support for Aggregators at Our discretion. Changes to Aggregator Trail Report formats by the Aggregators themselves may temporarily affect the accuracy or availability of certain analyses until We update Our systems.

9. Accuracy of Data and Reports

All analysis, reports, valuations, and other outputs generated by the Service are provided “as is” for indicative and informational purposes only. They do not constitute financial, investment, tax, or legal advice, and should not be relied upon for making business or financial decisions.

9.1 Data Quality Depends on Your Uploads

The accuracy and usefulness of any Analysis generated by the Service depends entirely on the quality, completeness, and accuracy of the data You upload. We do not independently verify, audit, or validate the data contained in Your Trail Reports. If You upload incomplete, inaccurate, or corrupted data, the resulting Analysis will reflect those deficiencies.

9.2 No Guarantee of Accuracy

We make no representations or warranties regarding the accuracy, completeness, reliability, or correctness of any Analysis. The Service processes Your uploaded data using Our algorithms and methodologies, which are designed to provide useful insights but cannot account for all variables, market conditions, or data anomalies.

You must independently verify all outputs before relying on them for any purpose. If You notice something that doesn’t look right or believe there may be an error in Your Analysis, please contact us—we’re always happy to investigate and improve the Service where possible.

9.3 Valuations Are Indicative Only

Any trail book valuations, lifetime value projections, or financial estimates generated by the Service are indicative only and subject to change without notice. You acknowledge and agree that such valuations:

• Do not constitute and must not be construed as professional valuations, appraisals, or formal opinions of value
• Are not binding on any party and create no legal obligation
• Do not represent a price that any party is willing to pay, offer, or accept in any transaction
• May differ materially from actual transaction values based on market conditions, buyer appetite, due diligence findings, negotiation, and other factors outside Our control
• Must not be used as the sole or primary basis for any sale, purchase, investment, or financial decision

Any reliance You place on valuations or estimates generated by the Service is strictly at Your own risk. We are not liable for any decisions You make, or any loss or damage You suffer, as a result of relying on such information.

9.4 Not Financial or Professional Advice

The Service and all Analysis provided through it do not constitute and must not be construed as:

• Financial advice
• Investment advice
• Tax advice
• Legal advice
• Professional valuation services
• Accounting or auditing services
• Any other form of licensed professional advice or opinion

You must seek independent professional advice from appropriately qualified and licensed advisers before making any business, financial, investment, tax, or legal decisions based on information obtained from the Service. We are not responsible for, and expressly disclaim all liability in respect of, any decisions You make or actions You take based on information provided by the Service.

9.5 Your Responsibility

You are solely responsible for:

• Ensuring the accuracy and completeness of data You upload
• Verifying any Analysis before relying on it
• Seeking independent professional advice where appropriate
• Any decisions You make based on information from the Service

10. Disclaimer of Warranties

10.1 “As Is” Provision

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of any Analysis
• Uninterrupted or error-free operation
• Freedom from viruses or other harmful components

Your use of the Service is at Your sole risk. We do not warrant that the Service will meet Your requirements or expectations, or that any defects or errors will be corrected.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, agents, or affiliates be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from Your reliance on any Analysis provided by the Service
• Any damages arising from decisions made based on information from the Service
• Any damages arising from security breaches or data loss despite Our reasonable security measures
• Any damages arising from interruption or unavailability of the Service

In no event shall Our total liability to You for all claims exceed the amount You have paid to Us in the twelve (12) months immediately preceding the claim, or one hundred Australian dollars (AUD $100), whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply, and You may have additional rights.

12. Data Storage and Security

12.1 Security Measures

We take the security of Your data seriously and implement industry-standard security measures to protect Your information, including:

• Encryption: All sensitive data stored in Trail History is encrypted.
• Secure Transmission: All data transmitted between Your browser and Our servers is encrypted using TLS/HTTPS.
• Access Controls: Strict access controls limit who can access Your data within Our systems. Access is granted on a need-to-know basis.
• Data Isolation: Your trail data is private and inaccessible to other users of the Service.
• Secure Infrastructure: We use reputable cloud service providers with robust security certifications.
• Secure Payments: Payment processing is handled securely through Stripe, which is PCI-DSS Level 1 compliant (the highest level of certification).
• Security Monitoring: We monitor Our systems for suspicious activity and potential security threats.
• Proactive Maintenance: We promptly apply patches and updates to address identified third-party vulnerabilities.

We do not sell or share information from Your Trail Reports with third parties. Your data is used solely to generate Your trail book analysis and improve Your app experience. For more information, please see Our Privacy Policy.

While We strive to use commercially acceptable means to protect Your data, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee absolute security and accept no liability for any unauthorised access to, or breach of, Your data that occurs despite Our commercially reasonable security measures.

By using the Service, You acknowledge and accept that:

• No system is completely impenetrable
• Security breaches may occur despite Our best efforts
• We are not liable for any unauthorised access, data breaches, or security incidents that occur despite Our reasonable security measures
• You are responsible for maintaining the security of Your own devices and Account credentials

13. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload data that You do not have the right to use or share
• Attempt to gain unauthorised access to the Service or other users’ accounts
• Interfere with or disrupt the Service or its infrastructure
• Use the Service for any fraudulent or deceptive purposes
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated means (bots, scrapers, etc.) to access the Service without Our express permission
• Share Your Account credentials with others or allow others to use Your Account

We reserve the right to suspend or terminate Your Account if We reasonably believe You have violated these acceptable use provisions.

14. Intellectual Property

14.1 Our Intellectual Property

The Service, including its original content (excluding Content provided by You), features, functionality, design, algorithms, and methodologies, are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other intellectual property laws of Australia and other countries.

14.2 Your Content

You retain ownership of all Content You upload to the Service. By uploading Content, You grant Us a limited, non-exclusive licence to use, process, and store that Content solely for the purpose of providing the Service to You.

14.3 Feedback

If You provide Us with any feedback, suggestions, or ideas regarding the Service, You grant Us an unrestricted, perpetual, irrevocable, royalty-free licence to use, modify, and incorporate such feedback into the Service without any obligation to You.

15. Third-Party Services and Links

The Service may contain links to or integrate with third-party websites, services, or applications that are not owned or controlled by Us, including but not limited to:

• Social login providers (Google, Facebook, Microsoft)
• Payment processing (Stripe)
• Analytics services

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. By using the Service, You acknowledge that We are not responsible or liable for any damage or loss caused by or in connection with the use of any third-party services.

16. Termination

16.1 Termination by You

You may terminate Your Account at any time by cancelling Your Subscription and discontinuing use of the Service. If You wish to permanently delete Your Account and all associated data, please contact us.

16.2 Termination by Us

We may terminate or suspend Your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

16.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete Your Account and any associated data in accordance with Our data retention policies
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any Content You upload to the Service
• Any decisions You make based on information from the Service

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.

18.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any disputes arising out of or relating to these Terms or the Service.

18.3 Dispute Resolution

Before initiating any formal legal proceedings, You agree to first contact Us at our contact page to attempt to resolve any dispute informally. We will endeavour to respond to Your concerns within a reasonable timeframe.

19. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at Our sole discretion. If We make material changes to these Terms, We will notify You by:

• Posting the new Terms on this page
• Updating the “Last updated” date at the top of these Terms
• Sending You an email notification (for material changes)

By continuing to access or use the Service after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You must immediately stop using the Service.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

22. Entire Agreement

These Terms, together with Our Privacy Policy, constitute the entire agreement between You and the Company regarding the use of the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

23. Contact Us

If You have any questions about these Terms and Conditions, You can contact us by visiting our contact page.