1. SUBSCRIPTION ARCHITECTURE AND FINANCIAL OVERVIEW
1.1. Nature of Service and Consideration
1.1.1. Technical Infrastructure: Awardee Pty Ltd (hereinafter "the Provider") provides a proprietary, multi-tenant Software-as-a-Service (SaaS) platform specialized in first-party lead orchestration, the Secure Orchestration Environment architecture, and Analytical Inference Engine facilitation.
1.1.2. Access Rights: The Platform Subscriber acknowledges that the fees paid represent consideration for the right to access this high-tier technical infrastructure.
1.1.3. Technical Limitation: The Provider’s obligations are limited to the provision of the digital environment as-is at the time of subscription.
1.2. Payment Processing and Security Protocol
1.2.1. Third-Party Integration: All financial transactions, including recurring Base Subscription Fees and dynamic Usage-Based Milestones, are processed through the Stripe secure payment gateway.
1.2.2. Data Isolation: The Platform Subscriber agrees to be bound by the Stripe Services Agreement and acknowledges that the Provider does not store raw credit card data within the Secure Orchestration Environment .
1.2.3. Processing Liability: Any failure of the Stripe API or third-party payment processing errors shall be governed by the liability limitations set forth in the Master Terms & Conditions.
1.2.4. Payment Method Storage and Continuous Authorization: By initiating a transaction or executing a subscription, the Platform Subscriber provides express consent for the Provider and its third-party payment processor (Stripe) to securely store the provided payment credentials. This storage is utilized to facilitate the automated settlement of recurring Base Subscription Fees and the "as-incurred" billing of Usage-Based Milestones or Analytical Inference Engine overages. The Platform Subscriber acknowledges that this authorization remains valid until the subscription is formally terminated through the Administrative Dashboard or the Stripe Billing Portal.
1.3. Contractual Acceptance
1.3.1. Binding Attestation: By executing a subscription, clicking "Agree" within the onboarding flow, or initiating an Access Point-based service instance, the Platform Subscriber provides an irrevocable attestation of their agreement to this Refund Policy.
1.4. Defined Technical Billing Metrics
1.4.1. Base Subscription Fees: The fixed monthly or annual fee for platform access per Location.
1.4.2. Usage-Based Fees: Variable costs including, but not limited to, Analytical Inference Engine chat volume overages and Attribution Synchronization handshakes .
1.4.3. Master Source of Truth: The Platform Subscriber expressly agrees that the Awardee Platform API serves as the final, non-rebuttable Master Source of Truth for determining the volume of delivered services and applicable fees, overriding any third-party reporting.
1.4.4. Digital Services Tax (DST) and Regulatory Pass-Through: The Platform Subscriber acknowledges that the Provider reserves the right to append Digital Services Taxes (DST), environmental levies, or other region-specific regulatory fees as separate line items on any invoice. Such fees are dictated by the jurisdiction of the Location or the Platform Subscriber’s billing address. These items are strictly non-refundable once the invoice has been processed, as they represent the pass-through of mandatory statutory obligations to relevant governmental authorities, consistent with the Non-Apportionment of Fees.
1.4.5. Obvious Pricing Errors and Corrections: The Provider reserves the right to cancel any Usage-Based Milestones, subscriptions, or transactions if the pricing displayed within the Administrative Dashboard or processed via the Stripe gateway contains an "obvious error or misprint." An obvious error is defined as a price that a reasonable person would recognize as a mistake (e.g., an $800.00 service listed as $0.80). In such instances, the Provider may refund any payments made and adjust the account to reflect the correct commercial price. This correction does not constitute a breach of the Master Terms or a Major Failure under the ACL.
1.5. Allocation of Risk regarding AI and Data Logic
1.5.1. Analytical Artifacts: Refunds will not be granted on the basis of Analytical Artifacts (hallucinations), misinformation, or the failure of the system to provide specific safety or allergen data.
1.5.2. Primary Publisher Responsibility: The Platform Subscriber remains the "Primary Publisher" and final authority for the Source Material.
1.5.3. Regional Service Latency: Fees are non-refundable in the event of regional service latency arising from the Secure Orchestration Environment residency in Australia or international data transfers, provided the service remains substantially functional .
1.5.4. Compliance Suspensions: No refunds shall be issued if an account is suspended due to the upload of infringing Source Material, copyrighted text, or sensitive metadata (EXIF/GPS) that violates the Repeat Infringer Policy.
1.6. Statutory Protections (Australian Consumer Law)
1.6.1. Non-Excludable Rights: Notwithstanding the provisions of this Section 1, nothing in these terms excludes, restricts, or modifies any Consumer Guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) .
1.6.2. Major Failure Resolution: In the event of a "Major Failure" of the Awardee platform—defined as a total cessation of the Secure Orchestration Environment service—the Platform Subscriber’s rights shall be determined in accordance with the ACL.
2. SUBSCRIPTION FINANCIAL FRAMEWORK AND REFUND ENTITLEMENTS
2.1. Provision of the 14-Day Refund Window
2.1.1. Limited Rescission Right: Subject to the conditions set forth in this Section 2, Awardee Pty Ltd (the "Provider") grants the Platform Subscriber a limited right to request a full refund of the Base Subscription Fees.
2.1.2. Fee Definition: For the purposes of this Agreement, "Base Subscription Fees" shall be defined as the fixed recurring platform access fee per Location, excluding any dynamic Usage-Based Milestones, API overage charges, or third-party pass-through costs .
2.1.3. The Refund Window: The eligibility period for a refund request (the "Refund Window") is strictly limited to fourteen (14) calendar days commencing from the timestamp of:
(a) The initial successful transaction for a subscription associated with a specific Location; or
(b) Any subsequent automated monthly subscription renewal processed via the Stripe billing integration .
2.2. Finality of Fees and Deemed Earned Consideration
2.2.1. Fully Earned Status: Upon the expiration of the fourteenth (14th) calendar day of any billing cycle, all Base Subscription Fees paid shall be deemed fully earned by the Provider in consideration for the provision of the Secure Orchestration Environment and Analytical Inference Engine availability.
2.2.2. Non-Apportionment: Beyond the Refund Window, all payments are subject to Non-Apportionment of Fees and are strictly non-refundable and non-creditable, regardless of the Platform Subscriber’s actual utilization.
2.2.3. Substantial Utilization: Any account that achieves a threshold of activity (defined as more than 50 Analytical Inference Engine interactions) within the Refund Window shall be deemed to have reached Substantial Utilization, rendering the fee non-refundable.
2.2.4. Mindset Refund Exclusion ("Change of Mind"): The Platform Subscriber acknowledges that beyond the 14-day Refund Window , all fees are deemed Fully Earned in consideration for platform availability and computational readiness. The Provider does not offer refunds, credits, or contract rescissions in instances where a Platform Subscriber "changes their mind," suffers a change in internal business strategy, or elects not to utilize the available Secure Orchestration Environment features. Subjective dissatisfaction with the subscription model following the expiration of the Refund Window shall not constitute a Major Failure under the ACL.
2.3. Limitations on Refund Scope and Specific Risk Exclusions
2.3.1. Analytical Artifacts: The Platform Subscriber acknowledges the probabilistic nature of the Analytical Inference Engine. The occurrence of Analytical Artifacts (hallucinations) does not constitute a "Major Failure" under the ACL nor does it extend the 14-day Refund Window.
2.3.2. Compliance Suspensions: No refund entitlement shall arise if access is restricted due to a third-party Intellectual Property claim resulting from Source Material uploaded by the Subscriber or its Partners . Liability remains solely with the Platform Subscriber as the "Primary Publisher".
2.3.3. Regional Data Residency: The Platform Subscriber accepts that the primary Secure Orchestration Environment is situated in Australia. Minor latency resulting from international Cross-Border Data Flows does not trigger refund rights outside of the 14-day window.
2.4. Mutuality and Shift of Liability
2.4.1. Technical Availability: The Provider’s liability is strictly limited to the technical availability of the Secure Orchestration Environment.
2.4.2. Subscriber Negligence: Liability shifts entirely to the Platform Subscriber for privacy violations occurring at the Subscriber-side (e.g., failure to scrub EXIF/GPS metadata from staff-uploaded images) . Such incidents shall void any pending refund requests and may result in immediate account termination under the Repeat Infringer Policy.
2.5. Australian Consumer Law (ACL) Overrides
2.5.1. Statutory Mandates: In accordance with the ACL, if the platform suffers a "Major Failure" that cannot be remedied within a reasonable period, the Platform Subscriber may be entitled to a refund as mandated by statutory law .
2.5.2. Major Failure Definition: A "Major Failure" is strictly defined as a persistent, total system outage of the Secure Orchestration Environment that prevents all functionality for a period exceeding 72 consecutive hours, excluding scheduled maintenance or third-party API outages (e.g., Stripe, OpenAI, Meta).
3. PROVISIONING OF SUPPLEMENTARY SERVICES, ADD-ONS, AND CATEGORY SPONSORSHIPS
3.1. Scope of Supplementary Services
3.1.1. Service Definitions: The Platform Subscriber may, from time to time, elect to procure additional technical features, enhanced Analytical Inference Engine modules, expansion of Locations, or Category Sponsorships (collectively, "Supplementary Services") via the Platform.
3.1.2. Architecture Governance: These Supplementary Services are governed by the overarching Secure Orchestration Environment architecture, and their integration is subject to the technical constraints of the Platform API.
3.2. Limited Rescission Right for Supplementary Services
3.2.1. 14-Day Window: The Provider grants a conditional fourteen (14) day refund window for Supplementary Services, commencing from the date of the transaction timestamp within the Stripe billing environment.
3.2.2. Substantial Utilization Proviso: A refund for any Supplementary Service is strictly contingent upon the service not having reached the Substantial Utilization threshold. For the purposes of this Agreement, Substantial Utilization includes, but is not limited to:
(a) The initiation of more than five (5) Analytical Inference Engine-driven interactions via a specialized supplementary AI module ;
(b) The successful execution of an Attribution Synchronization event or the delivery of Pseudonymized Identifiers to third-party APIs under a Category Sponsorship;
(c) The activation of a Source Material archive for an additional Location that has been accessed by an End-User via a physical Access Point .
3.3. Allocation of Risk and Liability Shift
3.3.1. Sponsored Content Accuracy: Where a Category Sponsorship involves the promotion of a Partner's products, the Platform Subscriber and Partner warrant that all uploaded Partner Source Material is accurate and licensed.
3.3.2. Deceptive Conduct Disclaimer: The Provider disclaims all liability for Analytical Inference Engine-generated promotional text that may be interpreted as misleading or deceptive under the Australian Consumer Law.
3.3.3. IP Indemnification: The Platform Subscriber agrees to indemnify the Provider against any third-party Intellectual Property claims arising from assets provided for Category Sponsorships .
3.3.4. Analytical Artifacts in Specialized Tools: The Provider offers no warranty regarding the absolute accuracy of specialized AI modules. Liability for any misinformation—including but not limited to allergen data, pricing, or safety protocols—shifts entirely to the Platform Subscriber once the Source Material has received Content Certification.
3.4. Technical Integration and Cross-Border Breach Risks
3.4.1. International Sub-Processors: The Platform Subscriber acknowledges that Supplementary Services may involve data processing via international sub-processors .
3.4.2. Breach Notification Boundary: In the event of a cross-border data breach involving a third-party sub-processor, the Provider’s liability is limited to the notification requirements set out in the Privacy Act 1988 (Cth) and GDPR.
3.4.3. API Continuity: No refunds will be issued for service interruptions caused by the failure of third-party APIs, provided the Provider’s core Secure Orchestration Environment in Australia remains operational.
3.5. Finality of Usage-Based Delivery and The Trojan Horse Clause
3.5.1. Delivery Confirmation: Once a Supplementary Service has facilitated Attribution Synchronization with a third-party platform, the service is deemed "fully delivered" and non-refundable.
3.5.2. Master Source of Truth: The Platform Subscriber agrees that raw telemetry from the Platform API shall serve as the definitive Master Source of Truth for service delivery metrics.
3.5.3. The Trojan Horse Clause: If a Partner providing Partner Source Material is acquired by a conglomerate, their Category Sponsorship terms terminate immediately, and they are automatically moved to Enterprise "Walled Garden" Pricing to protect the integrity of the Cooperative.
3.5.4. Non-Transferability of Credits and Entitlements: The Platform Subscriber acknowledges that all Usage-Based Milestones, AI interaction credits, and Category Sponsorship entitlements are strictly non-transferable. Such credits are assigned exclusively to the specific Location and Stripe account holder identified at the time of purchase. They may not be sold, assigned, or transferred to any other Platform Subscriber or third party. Any attempt to circumvent this restriction shall result in the immediate forfeiture of the credits and may lead to account suspension under the Compliance Suspensions protocol.
4. USAGE-BASED REMUNERATION AND IRREVOCABLE DELIVERY METRICS
4.1. Technical Billing Standards and Automated Reporting
4.1.1. Orchestration Metrics: The Platform Subscriber acknowledges that the Platform operates as a high-tier orchestration engine utilizing automated API reporting to monitor, log, and calculate resource consumption in real-time .
4.1.2. Server-Side Calculations: All usage-based fees are calculated server-side within the Secure Orchestration Environment to ensure data integrity and are billed in arrears or as overages to the Base Subscription Fees.
4.2. AI Chat Overage Charges
4.2.1. Irrevocability of Computational Consumption: Fees incurred for Analytical Inference Engine interactions—specifically those exceeding the predefined thresholds of the selected subscription tier—are deemed fully earned and non-refundable immediately upon the initiation of the Large Language Model (LLM) inference.
4.2.2. Qualitative Output Disclaimer: The Platform Subscriber expressly agrees that fees remain payable notwithstanding the qualitative nature of the output; the Provider provides no warranty against Analytical Artifacts (hallucinations), inaccuracies, or omissions, particularly regarding safety-critical information.
4.2.3. Primary Publisher Liability: The Platform Subscriber, as the "Primary Publisher," holds final authority for the Source Material. No refunds shall be issued for interactions providing incorrect information derived from Source Material or validated via Content Certification.
4.2.4. Non-Refundable Computational Waste: The Platform Subscriber acknowledges that each interaction processed by the Analytical Inference Engine represents an immediate and irreversible expenditure of computational resources and third-party LLM inference tokens. These Computational Resources are deemed consumed at the precise moment of query initiation within the Secure Orchestration Environment. Consequently, fees associated with such consumption are non-refundable and constitute "consumed services," regardless of whether the Platform Subscriber subsequently deletes the interaction or disputes the qualitative nature of the Analytical Artifact produced.
4.3. Audience Delivery and "Attribution Synchronization" Fees
4.3.1. Definition of Delivery: "Audience Delivery Fees" relate to the Attribution Synchronization process, whereby Pseudonymized Identifiers are synchronized with third-party advertising platforms via S2S Protocols.
4.3.2. Non-Refundability of Transmitted Data: Fees associated with Attribution Synchronization are strictly non-refundable once the S2S Protocol data sync has been reported as successful by the Awardee Platform API or the recipient third-party API.
4.3.3. Adverse Third-Party Actions: The Provider facilitates the Intermediary Redirect Protocol ("Bridge Page") to transition End-Users into third-party environments. The Provider is not liable for, and will not issue refunds for, subsequent account suspensions or ad rejections within external Ads Managers.
4.4. The Definitive "Master Source of Truth"
4.4.1. API Supremacy: Billing for Attribution Synchronization and technical orchestration is calculated using raw telemetry and metadata returned directly from the Awardee Platform API and relevant third-party sub-processors .
4.4.2. Finality of Figures: These figures are stipulated to be the final and non-rebuttable Master Source of Truth; the Platform Subscriber waives any right to dispute these metrics based on their own internal tracking or browser-side analytics.
4.4.3. Reporting Variation Exclusion: The Platform Subscriber acknowledges that variations in event reporting between the Master Source of Truth and third-party dashboards (e.g., Meta, Google, or TikTok) are expected due to differing attribution models, deduplication logic, and browser-level restrictions. No refunds, credits, or fee adjustments shall be issued based on these reporting discrepancies. The figures returned by the Awardee Platform API are stipulated as the final and absolute basis for all Usage-Based Remuneration, overriding any third-party reporting.
4.5. Cross-Border Data Breach and Technical Risks
4.5.1. International Infrastructure: The Platform Subscriber accepts the risk that Cross-Border Data Flows involve international technology partners in the USA, Europe, and Singapore .
4.5.2. Breach Liability Boundary: In the event of a breach occurring at a third-party partner level, the Provider’s liability is limited to statutory notification requirements under the Privacy Act 1988 (Cth) and GDPR ; such events do not entitle the Subscriber to a refund of incurred usage-based fees.
4.5.3. Metadata Responsibility: Liability for PII leaks resulting from the failure to scrub EXIF/GPS data from uploaded images remains with the Platform Subscriber as the primary authority.
5. TERMINATION OF SERVICES AND CANCELLATION PROTOCOLS
5.1. Right to Terminate and Mechanism of Cancellation
5.1.1. Subscription Termination: The Platform Subscriber may elect to terminate their subscription to the Platform at any time during the Term.
5.1.2. Method of Cancellation: Effectuation of such cancellation must be conducted through the designated Stripe Billing Portal integrated within the Administrative Dashboard or by providing formal written notice to the Provider.
5.1.3. Self-Execution: The Platform Subscriber acknowledges that cancellation via the Stripe Billing Portal is self-executing and serves as the primary method for ensuring the immediate cessation of future billing cycles.
5.2. Operational Effect of Cancellation and Data Residency
5.2.1. Residual Access: Upon the processing of a cancellation request, the Platform Subscriber shall retain a non-exclusive, limited license to access the Secure Orchestration Environment and Analytical Inference Engine until the conclusion of the current paid billing period.
5.2.2. Deactivation of Orchestration: At the precise expiration of the paid billing period, all active orchestration features—including the Analytical Inference Engine, Attribution Synchronization logic, and Access Point resolution—shall be deactivated.
5.2.3. Post-Termination Data Purge: Following deactivation, the Provider shall initiate Cyclical Data Minimization for all behavioral signals and detailed chat logs associated with the account .
5.2.4. Statutory Compliance Archive: Notwithstanding Section 5.2.3, the Provider will retain Consent Records, Pseudonymized Identifiers required for audit trails, and billing metadata for a period of seven (7) years to satisfy obligations under Australian taxation and consumer law .
5.3. Pro-Rata Refunds and Financial Finality
5.3.1. Non-Apportionment of Fees: Subject to the 14-day Refund Window, the Provider does not offer pro-rata refunds, credits, or offsets for partial months of service or unused portions of a subscription term.
5.3.2. Irrevocability of Usage-Based Accruals: Cancellation of the Base Subscription Fees does not absolve the Platform Subscriber of the obligation to pay for Usage-Based Milestones accrued prior to deactivation.
5.3.3. Master Source of Truth: The Platform Subscriber agrees that the Awardee Platform API remains the final Master Source of Truth for determining the final balance of usage-based fees owed upon termination.
5.3.4. Non-Apportionment for Breaches (Termination for Cause): In the event that the Provider terminates a subscription for cause—including but not limited to a violation of the Acceptable Use Policy, a breach of the Repeat Infringer Policy , or the unauthorized handling of data—all prepaid Base Subscription Fees and Usage-Based Milestones shall be deemed non-refundable. The Platform Subscriber acknowledges that such forfeiture of fees is a reasonable estimate of the administrative and technical costs incurred by the Provider in remediating the breach within the Secure Orchestration Environment.
5.4. Allocation of Risk and Shift of Liability
5.4.1. Analytical Artifact Liability: The Provider shall not be liable for any claims, including third-party claims arising from Analytical Artifacts (hallucinations), that occur during the final access period.
5.4.2. Survival of IP Indemnity: The Platform Subscriber’s indemnity obligations regarding Intellectual Property infringement for Source Material shall survive the termination of this Agreement .
5.4.3. Cross-Border Breach Liability: In the event of a data breach involving international technology partners occurring post-cancellation but prior to the 30-day purge, the Provider’s liability is limited to statutory notification requirements.
5.5. Survival of Protective Provisions
5.5.1. Protective Clauses: Provisions relating to Indemnification (Section 7), Limitation of Liability (Section 8), Intellectual Property Warranty, and the Master Source of Truth shall survive the cancellation or expiration of the subscription indefinitely.
6. STATUTORY GUARANTEES AND THE AUSTRALIAN CONSUMER LAW (ACL)
6.1. Non-Exclusion of Statutory Rights
6.1.1. ACL Supremacy: Nothing in these Terms or any associated Refund Policy is intended to exclude, restrict, or modify the application of any part of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statutory rights or remedies that cannot be lawfully excluded .
6.1.2. Consumer Guarantees: To the extent that the Platform Subscriber is a "Consumer" as defined under the ACL, the Awardee Platform comes with non-excludable Consumer Guarantees that the Services will be provided with due care and skill, be fit for a particular purpose, and be supplied within a reasonable time.
6.2. Definition and Threshold of a "Major Failure"
6.2.1. Statutory Thresholds: In accordance with ACL precedents, a "Major Failure" in relation to the Awardee SaaS platform is strictly defined as an event where the Services:
(a) Would not have been acquired by a reasonable Platform Subscriber had they been fully aware of the nature and extent of the failure;
(b) Are substantially unfit for their normal purpose (Signal Correlation and Analytical Inference Engine customer service) and cannot be remedied within a 72-hour threshold; or
(c) Create an unsafe condition in the delivery of the service.
6.2.2. Infrastructure Separation: The Platform Subscriber acknowledges that due to the nature of the Infrastructure Separation, a Major Failure is limited to a total, persistent cessation of the core Secure Orchestration Environment (hosted in Australia) and does not include:
(i) Minor latency or regional access variations resulting from international Cross-Border Data Flows ;
(ii) Temporary outages of third-party sub-processors including, but not limited to, OpenAI, Claude, Zapier, or Stripe; or
(iii) Disruptions caused by the failure of the Platform Subscriber to maintain accurate Source Material or valid API credentials for third-party integrations.
6.3. Entitlement to Refund or Compensation
6.3.1. Remediation Rights: Where a Major Failure is established and cannot be rectified within a reasonable timeframe, the Platform Subscriber may be entitled to cancel the subscription and request a refund for the unused portion of the current billing cycle.
6.3.2. Foreseeable Loss: Any claim for compensation for consequential loss resulting from a Major Failure is limited to reasonably foreseeable losses, subject to the Financial Ceiling set forth in the Master Terms.
6.4. Allocation of Risk and Specific Exclusions
6.4.1. Analytical Artifact Exclusion: The Platform Subscriber expressly agrees that Analytical Artifacts (hallucinations) or the failure of the system to provide specific safety/allergen information do not constitute a Major Failure. As the "Primary Publisher," the Subscriber remains solely liable for Source Material and Content Certification .
6.4.2. Compliance Suspensions: No Major Failure shall be deemed to occur if service is suspended due to third-party Intellectual Property claims or the Subscriber’s failure to scrub sensitive metadata prior to upload.
6.4.3. Cross-Border Breach Risks: While the Provider maintains high-tier security protocols, a data breach at the level of an international technology partner does not automatically constitute a Major Failure, provided the Provider complies with statutory notification requirements.
6.5. Mutuality and Shift of Liability
6.5.1. Technical Limitation: The Provider’s liability under the ACL is strictly limited to the technical functionality of the Secure Orchestration Environment.
6.5.2. Safety Responsibility: Liability shifts to the Platform Subscriber for any operational failures arising from the Subscriber’s provided dietary, allergen, or safety-related Source Material .
6.5.3. Compliance Protocols: The Provider’s Cyclical Data Minimization and 7-year Statutory Compliance Archive are stipulated as reasonable technical steps to satisfy data minimization and global regulatory compliance .
7. PROTOCOLS FOR REFUND RECLAMATION AND DISPUTE RESOLUTION
7.1. Formal Request Requirements
7.1.1. Eligibility Window: To initiate a claim for a refund within the stipulated fourteen (14) day eligibility window, the Platform Subscriber must submit a formal written request via electronic mail to the Provider.
7.1.2. Mandatory Evidentiary Details: The request must contain the following mandatory details to facilitate verification within the Secure Orchestration Environment and the Stripe billing environment:
(a) The registered Business Name of the Platform Subscriber;
(b) The specific electronic mail address associated with the Subscriber's Stripe account; and
(c) The unique Invoice Number or Transaction ID associated with the disputed charge.
7.1.3. Verification Failure: Failure to provide the requisite information in Section 7.1.2 may result in the summary rejection of the request due to an inability to verify the transaction against the Platform API’s Master Source of Truth.
7.2. Verification and Substantial Utilization Audit
7.2.1. Audit Protocol: Upon receipt of a request, the Provider will conduct an automated audit of the Approval Audit Log to determine if the service has been "Substantially Utilized".
7.2.2. Usage-Based Finality: The Platform Subscriber acknowledges that no refund shall be issued for usage-based fees—including Analytical Inference Engine overages and Attribution Synchronization fees—once the data sync has been reported by the third-party platform API, as these services are deemed irrevocably delivered at the point of transmission.
7.2.3. Threshold Denial: The Provider reserves the right to deny a refund if the audit reveals that the Platform Subscriber has utilized supplementary AI modules or audience orchestration features beyond the non-utilization thresholds .
7.3. Processing and Remediation
7.3.1. Remittance Method: Approved refunds will be remitted exclusively via the original Stripe payment method.
7.3.2. Processing Intervals: While the Provider initiates the refund immediately upon approval, the Platform Subscriber acknowledges that standard banking and gateway processing times typically require five (5) to ten (10) business days.
7.3.3. Financial Fluctuations: The Provider shall not be liable for any bank fees, currency conversion fluctuations, or interest lost during the processing interval.
7.3.4. Refund Deduction Facility: In the event that a refund is authorized and processed for a transaction where the funds have already been disbursed to the Platform Subscriber (e.g., via a commission payout or Partner remittance), the Provider shall utilize a "Deduction Facility." The Provider reserves the right to offset the full amount of the refunded transaction against any future Remittance Payments or credits owed to the Platform Subscriber. This facility shall remain active until the total balance of the refunded amount is recovered in full, as recorded within the Platform API’s Master Source of Truth.
7.4. Shift of Liability and Regulatory Compliance
7.4.1. Analytical Artifact Risk: No refund shall be granted on the basis of Analytical Artifacts (hallucinations), inaccuracies, or misinformation in the Source Material . Liability for the accuracy of customer-facing data, specifically regarding allergens or safety, remains with the Platform Subscriber as the "Primary Publisher".
7.4.2. Compliance Suspensions: The Provider shall not be required to refund fees for accounts suspended due to the Subscriber's violation of third-party Intellectual Property rights or failure to scrub sensitive metadata (EXIF/GPS) from uploaded assets.
7.4.3. Cross-Border Breach Scenarios: In the event of a cross-border data breach involving international sub-processors, the Provider’s liability is strictly governed by the Privacy Act 1988 (Cth) and GDPR . Such events do not trigger an automatic refund right unless they constitute a "Major Failure" under Australian Consumer Law.
7.5. Finality of Decision
7.5.1. Binding Determination: Subject to the Platform Subscriber's non-excludable rights under the Australian Consumer Law, the Provider’s determination regarding "Substantial Utilization" and refund eligibility, based on the Platform API logs, shall be final and binding.