TERMS OF SERVICE AGREEMENT

EFFECTIVE AS OF 1 AUGUST 2021. UPDATED 13 NOVEMBER 2021

Cache Technologies provides various services for data analysis (collectively “services”) to registered users ( hereinafter called “users”) via Cache Technologies Websites.

This Agreement governs the use of the cache.bi web application and related client-end software (the “Software”), and any other services, software, data, and other materials made available through Cache Technologies services. The following Terms of Service are valid for every use of Cache Technologies services.

1. APPLICABILITY
   1.1 These Terms of Service shall apply to all services provided by Cache Technologies. The agreement constitutes a legal binding agreement for all Cache Technologies services received by its users.

2. REGISTRATION AND CONDITIONS OF USE
   2.1 The use of the services requires the registration as a user.
   2.2 The user is obliged to provide true, accurate, current and complete registration data, and to maintain this by promptly updating the registration data, and other mandatory disclosures including payment information, when necessary. If you provide any information that is untrue, inaccurate, not current or incomplete; or if Cache Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; Cache Technologies has the right to suspend, or terminate your account and prevent your access to potentially all services and, or content (or other users' access to your content), and refuse any future use of the service (or any portion thereof), or content.
   2.3 If you are entering into this agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions; you must not accept this agreement, nor use the service.
   2.4 Cache Technologies services are online services; therefore all communications including notices, or other information will be delivered electronically, or via the users account. The user is obliged to ensure that they are able to receive emails sent to the email address specified as well as agreeing to read such emails promptly. The user agrees to ensure that settings of the associated email account are set accordingly, so that Cache Technologies emails will not be sorted out by any filters, spam or otherwise.
   2.5 There exists no right to register with Cache Technologies. Cache Technologies reserves the right to reject any registration request without stating reasons.

3. DESCRIPTION AND MODIFICATIONS OF SERVICES
   3.1 cache.bi provides software for database analysis as a web service via its websites (Software-as-a-Service). These services are offered exclusively online, via Cache Technologies web interfaces.
   3.2 The use of the services is limited to the respectively ordered number of databases and user licenses. Additional packages for the use of further databases, or user licenses, are available to subscribe to through your account created at billing.cachetech.com.au at time of original sign-up. The termination of the ordered service also applies to the additionally ordered packages.
   3.3 The quality and reliability of the analysis results depend on the quality of the underlying data, and execution of the analysis. The user is solely responsible for both the quality and the execution of the analysis, as the user provides the database and performs the analysis. Cache Technologies does not review or assess individual datasets.
   3.4 Preset analysis provided by cache.bi may not suit all databases and datasets. The user agrees to notify Cache Technologies of any apparent errors in data by using our support service or support email. Cache Technologies does not imply accuracy of analysis, the user agrees to confirm any data before using for Taxation and official reporting needs.
   3.5 Cache Technologies services consist of complex hardware and software components. All components interact with each other and are subject to permanent change due to enhancements; changing legal conditions and security updates. Cache Technologies will execute any adjustment to the hardware and software components in the best technical and professional manner as possible, but cannot guarantee any uninterrupted availability of services.
   3.6 Cache Technologies services are partially based on software developed by third parties (e.g. analysis tools, scripting languages, query languages, database systems, etc.) and depend on such software regarding its functionalities. Cache Technologies has no influence on adjustments made to software from third parties. In certain cases it is possible that Cache Technologies will not be able to offer single functions of its own services anymore if the functionality of underlying third party software changed, or if certain functions and software can no longer be used due to security reasons. Cache Technologies reserves the right to adapt its services and to make any necessary changes in interest of the user in such cases.
   3.7 If Cache Technologies will offer new services, or advanced functionalities of existing services within the duration of the agreement; then, the same terms of service shall apply to such new or extended services offered by Cache Technologies.
   3.8 Cache Technologies is entitled to reasonably adjust the prices of its services due to changes in functionalities of these services at the beginning of the next term. Cache Technologies is obliged to announce such adjustments in pricing in written form stating the reasons for the price changes, at least 30 days prior to the next term.

4. USER OBLIGATIONS
   4.1 The user is obliged to maintain the confidentiality of their login, password and account details, and shall not disclose this information to third parties. The user is fully responsible for all activities that occur under their password or account. If the user becomes aware or believes that this personal information has been disclosed to an unauthorised third party, then they are obliged to immediately change this data.
   4.2 The user shall instruct Cache Technologies only with legitimate evaluations of data that they have lawfully collected, or otherwise obtained lawfully by the user, or by the user's company. It is the user’s sole responsibility to ensure the compliance with the applicable data privacy laws.

5. RIGHTS OF USE
   5.1. Cache Technologies grants the user, and the agreed number of additional users, for the duration of the contract, a non-exclusive and limited right of use, of the purchased services to the agreed extent via Cache Technologies website.

6. DURATION AND TERMINATION
   6.1 The duration of booked services is determined by the offer chosen. Normally the duration is one month. Service period is in advance.
   6.2 The booked services shall extend automatically by the original requested duration, unless otherwise agreed, or terminated by one of the parties within the current booked period.
   6.3 Users may cancel future services from being booked by terminating their next billing period at any time through their user account at billing.cachetech.com.au

7. TERMS OF PAYMENT
   7.1 Users will be directed to our billing portal and will then sign-in using the same details provided on registration of cache.bi to register their account service and commence billing automation by selecting desired business and users required for cache.bi analysis service.
   7.2 Payment must be made monthly, in advance; unless otherwise mutually agreed upon in an order form, or within an individual written agreement between both parties.
   7.3 Cache Technologies shall provide the user with an electronic invoice.
   7.4 If the user cannot make the payment on the agreed date, Cache Technologies reserves the right to temporarily deny access to the user’s account, and to discontinue the services. Cache Technologies is entitled to demand reimbursement of all costs and expenses arising from the delayed payment of a user (e.g. fees for charge backs, collection expenses).

8. AVAILABILITY OF SERVICES
   8.1 Cache Technologies is not responsible for in-ability of users to access web services, if the inaccessibility is based on; force majeure, technical problems on parts of third parties that are not agents of Cache Technologies , or due to an illegal attack on Cache Technologies , or one of Cache Technologies commissioned service providers.

9. LIABILITY
   9.1 Cache Technologies shall be liable without limitation to pay compensation for violation of contractual and non-contractual obligations, only in case of intent or gross negligence. 9.2 Cache Technologies shall not be liable for breaches of nonessential contractual obligations through simple negligence by its management bodies, executive officers, employees, or other agents.

10. DATA PRIVACY
    10.1 Cache Technologies data privacy policy applies to the use of Cache Technologies services.
    10.2 Cache Technologies creates anonymous user statistics for user-oriented design of services, error detection, and marketing purposes. The user statistics do not contain any personal data of the user, or related data from the user’s databases.
    10.3 Cache Technologies is obliged to automatically delete any personal data of the user at latest 30 days after expiration of the contract unless there are legal storage periods in individual cases.

11. GENERAL
    11.1 If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
    11.2 To the extent that the user is a merchant, a legal entity under public law or a public special asset; Adelaide is the place of jurisdiction for all disputes arising from contractual relationships between the user and Cache Technologies.