Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the ConversionBooster platform, website, dashboard, tracking script, analytics tools, reports, recommendations, and related services (collectively, the "Service"), operated by Conversion Booster (ABN 78630438911) ("we", "us", "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

ConversionBooster is a cloud-based software-as-a-service platform that provides privacy-first, non-identifying analytics and insights, including:

• Website page-level and aggregate behavioural analytics (non-identifying)
• Analytics dashboards and reporting based on aggregated data
• Insight generation and recommendations based on behavioural patterns
• AI-assisted summaries, suggestions, and interpretations
• Account, billing, and website management tools

The Service is designed to operate without tracking individuals, without using persistent identifiers, and without relying on cookies for analytics.

The Service does not track or identify individual users and does not provide user-level analytics.

The Service does not use fingerprinting techniques or attempt to uniquely identify devices.

3. Eligibility

You may only use the Service if:

• You are at least 18 years old;
• You have the legal capacity to enter into these Terms; and
• If acting for a business or entity, you have authority to bind that business or entity to these Terms;

4. Account Registration and Security

You agree to:

• Provide accurate, current, and complete registration information;
• Keep your login credentials secure and confidential;
• Notify us promptly of any unauthorised access or suspected security breach; and
• Be responsible for all activity occurring under your account;

We are not liable for any loss or damage arising from your failure to maintain the confidentiality or security of your account credentials.

5. Acceptable Use

You must not:

• Use the Service for any unlawful, fraudulent, or misleading purpose;
• Upload, transmit, or distribute malicious code, malware, or harmful material;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the Service;
• Interfere with, disrupt, or compromise the integrity or performance of the Service;
• Access the Service in a manner intended to avoid fees, limits, or restrictions;
• Use the Service in a way that violates the rights of any third party; or
• Use the Service in breach of any applicable privacy, data protection, surveillance, or marketing laws;

6. Tracking, Privacy, and Compliance Responsibilities

If you install or use our tracking script, pixel, tag, snippet, or related technology on any website, app, or digital property, you are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations.

You represent and warrant that you will:

• Provide all notices required by law to your users or visitors;
• Maintain a legally compliant privacy policy and, where required, cookie policy or consent mechanism for any technologies you independently deploy; and
• Use the Service only on websites or properties you own, control, or are authorised to manage;

We do not provide legal advice, and your use of the Service does not relieve you of your independent legal obligations.

Conversion Booster is designed to operate using aggregated, non-identifying analytics that do not rely on cookies, persistent identifiers, or user-level tracking. We do not track individuals or build user profiles. While our Service is designed to operate without requiring consent for analytics under typical implementations, customers remain responsible for determining whether their overall website implementation (including any additional tools or technologies they use) requires consent under applicable laws.

The Service does not rely on storing or accessing information on a user’s device for the purpose of identifying or tracking users.

Website Visitor Data collected through the Service is processed in an aggregated, non-identifying manner and is not intended to constitute personal data relating to an identifiable individual.

7. Data Ownership and Licence

As between the parties, you retain ownership of the data you submit to, collect through, or store in the Service, subject to the rights you grant to us under these Terms.

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, analyse, and otherwise use your data as reasonably necessary to:

• Provide, operate, maintain, and improve the Service;
• Support your account;
• Generate analytics, reporting, and recommendations;
• Protect the security and integrity of the Service; and
• Comply with legal obligations;

We may also use aggregated and de-identified data for internal analytics, benchmarking, service improvement, and product development, provided such data does not identify you or any individual.

8. Data Retention and Deletion

We retain customer data only for as long as reasonably necessary to provide the Service, comply with legal obligations, resolve disputes, enforce our agreements, and maintain legitimate internal records.

You may request deletion of your customer data at any time. Upon receiving a valid deletion request from an authorised account holder or authorised representative, we will delete the requested customer data from our active systems within a commercially reasonable period, subject to:

• Any data we are required by law to retain;
• Temporary retention in backups, logs, or disaster recovery systems until those systems are overwritten or cycled in the ordinary course; and
• Any limited data reasonably required to document the deletion request, maintain billing records, prevent fraud, or protect our legal rights;

Once deleted, data may be permanently unrecoverable. You are solely responsible for exporting or retaining any data you require before requesting deletion or terminating your account.

9. AI Recommendations and Informational Outputs

The Service may provide automated analytics, AI-assisted insights, summaries, or recommendations. These outputs are provided for general informational purposes only.

You acknowledge and agree that:

• Such outputs may be incomplete, inaccurate, delayed, or unsuitable for your circumstances;
• They do not constitute legal, financial, marketing, business, technical, or professional advice;
• They are not guarantees of results, performance, conversions, revenue, or business outcomes; and
• You are solely responsible for evaluating and deciding whether to rely on or act on any output;
• All outputs are generated from aggregated, non-identifying data and do not represent analysis of individual users or personal behaviour;

10. Plans, Fees, Billing, and Renewals

We may offer free and paid plans. Paid plans are billed on a recurring basis, such as monthly or annually, as specified at the time of purchase.

You agree that:

• All fees are payable in advance unless otherwise stated;
• Subscriptions may renew automatically unless cancelled before the renewal date;
• You authorise us and our payment processors to charge applicable fees, taxes, and charges using your nominated payment method; and
• Fees are non-refundable except where required by law or expressly stated otherwise by us;
• We may change our pricing, plans, features, or billing structures at any time on prior notice;

11. Usage Limits and Fair Use

We may impose reasonable usage limits, quotas, or fair use restrictions, including limits relating to event volume, websites, users, storage, processing, or feature access.

If your usage exceeds applicable limits or materially impacts the performance, stability, or security of the Service, we may, at our discretion:

• Throttle or restrict access;
• Require you to upgrade to another plan;
• Charge additional fees where applicable; or
• Suspend or terminate access;

12. Service Availability and SLA Disclaimer

We aim to provide a reliable service, but we do not guarantee uninterrupted availability, uptime, response times, error-free operation, or that the Service will meet any service level, performance level, or uptime commitment unless expressly set out in a separate written agreement signed by us.

No service level agreement (SLA) applies by default. Any references to reliability, performance, scalability, availability, or expected operation are targets only and do not constitute a binding commitment.

The Service may be unavailable, degraded, delayed, or interrupted due to:

• Maintenance, updates, or deployments;
• Third-party outages or failures, including hosting, infrastructure, cloud, DNS, CDN, network, browser, or payment providers;
• Internet disruptions, cyberattacks, abuse, or force majeure events;
• Capacity limitations, scaling events, or extraordinary traffic spikes; or
• Technical faults beyond our reasonable control;

You acknowledge that you must not rely on the Service as a critical, fail-safe, or emergency system unless you have your own independent safeguards, backups, and continuity measures in place.

13. Third-Party Services and Integrations

The Service may integrate with or rely upon third-party products, services, platforms, or infrastructure, including payment processors, cloud providers, authentication providers, analytics tools, and communication tools.

We are not responsible for third-party products or services, including any outage, data loss, inaccuracy, delay, security incident, or failure caused by them.

14. Intellectual Property

We and our licensors own all rights, title, and interest in and to the Service, including all software, source code, object code, designs, interfaces, workflows, documentation, trademarks, branding, logos, text, graphics, reports, and underlying intellectual property.

Except for the limited right to use the Service under these Terms, no rights are granted to you by implication or otherwise.

You must not:

• Copy, modify, adapt, translate, or create derivative works of the Service;
• Reverse engineer or attempt to extract source code except where prohibited from restricting that right by law;
• Sell, resell, sublicense, or commercially exploit the Service except as expressly authorised by us; or
• Use our name, trademarks, or branding without our prior written consent;

15. Suspension and Termination

We may suspend or terminate your access to the Service immediately, with or without notice, if:

• You breach these Terms;
• You fail to pay fees when due;
• Your use poses a security, legal, or operational risk;
• We are required to do so by law; or
• We discontinue the Service or any part of it;

You may stop using the Service at any time and may cancel your subscription through your account or by contacting us.

On termination, your right to use the Service ends immediately, and we may delete your data in accordance with these Terms.

16. Warranties Disclaimer

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise.

We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, or that the Service will be uninterrupted, secure, complete, or error-free.

17. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage, or any loss of profits, revenue, business, goodwill, data, anticipated savings, opportunity, or reputation, whether in contract, tort (including negligence), statute, or otherwise, even if we were advised of the possibility of such loss.

Without limiting the above, we are not liable for:

• Any decisions, changes, actions, or omissions taken by you based on analytics, reports, recommendations, or AI outputs;
• Any loss caused by data inaccuracies, incomplete tracking, browser restrictions, ad blockers, user opt-outs, or consent settings;
• Any third-party outages, integrations, or infrastructure failures; or
• Any unauthorised access caused by your own systems, credentials, or implementation;
• Any limitation in analytics granularity resulting from the Service’s privacy-first, non-identifying design, including the absence of user-level tracking or session reconstruction;

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of:

• The total fees paid by you to us in the 12 months preceding the event giving rise to the claim; or
• AUD $100

18. Indemnity

You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, contractors, affiliates, licensors, and agents from and against any claims, liabilities, losses, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service;
• Your websites, content, or data;
• Your breach of these Terms;
• Your breach of any law, regulation, or third-party right; or
• Your failure to obtain any required consent for tracking, data collection, or data sharing;

19. Privacy

Your use of the Service is also subject to our Privacy Policy, which should be read together with these Terms. If there is any inconsistency, these Terms govern to the extent of the inconsistency unless expressly stated otherwise.

20. Changes to the Service or Terms

We may modify, suspend, or discontinue any part of the Service at any time.

We may also update these Terms from time to time. Updated Terms become effective when posted on our website or otherwise notified to you. Your continued use of the Service after the effective date of any updated Terms constitutes acceptance of those updated Terms.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

You submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from them.

22. General

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

Our failure to enforce any right or provision is not a waiver of that right or provision.

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior discussions, proposals, and agreements relating to the Service.

23. Contact

If you have any questions about these Terms, please contact us at:

Email: support@conversionbooster.co