These Terms of Service (the "Terms") govern access to and use of the Funder Compass software-as-a-service platform (the "Service") operated by Funder Compass (the "Software Owner", "we", "us"). By creating an account, inviting users, or otherwise accessing the Service, you (the "Customer") agree to these Terms.
1. What Funder Compass is — and is not
Funder Compass is a workflow, record-keeping, and reporting tool for private lenders, brokers, and mortgage managers. It is software only. We do not:
- provide credit, financial, legal, tax, accounting, or investment advice;
- arrange, underwrite, originate, service, or fund loans;
- hold client money or operate as a payments institution;
- hold any Australian Credit Licence (ACL), Australian Financial Services Licence (AFSL), broker licence, real-estate licence, banking licence, or equivalent authorisation in any jurisdiction; and
- act as your credit representative, authorised representative, agent, fiduciary, or trust account operator.
You are solely responsible for holding every licence, authorisation, registration, and professional membership that your activities require, and for complying with all laws that apply to those activities (including consumer credit, AML/CTF, privacy, tax, and anti-discrimination laws). Nothing in the Service constitutes a recommendation to provide, receive, buy, sell, or refinance any credit or financial product.
2. Your account and users
You are responsible for every action taken under your account and any user account you invite. You must (a) keep credentials confidential, (b) enforce a reasonable password policy, (c) immediately notify us of any suspected unauthorised access, and (d) ensure every invited user has authority to access the data you place in the Service.
3. Subscription, seats, and fees
The Service is licensed on a per-seat, per-month subscription. Current published pricing:
- Starter — AUD $29 per seat / month, minimum 2 seats.
- Pro — AUD $49 per seat / month, minimum 5 seats.
The committed plan, seat count, and per-seat fee applied to your account are visible in the Super Admin Panel under "Seats & Plan". Fees are quoted exclusive of GST, which is payable by you in addition where applicable. Fees are non-refundable except where a refund is required by law, including the non-excludable consumer guarantees under the Australian Consumer Law (see clause 8).
4. Acceptable use
You must not, and must not permit any user to:
- upload data you are not lawfully entitled to process;
- use the Service to make automated credit decisions without human review;
- reverse engineer, decompile, or extract the source code, models, or database schema of the Service;
- resell, sublicense, white-label, or provide the Service to a third party without our prior written agreement;
- use the Service to build a competing product;
- transmit malware, attempt to defeat security controls, or probe the platform for vulnerabilities except under a written responsible-disclosure agreement.
5. Your data
You retain all right, title, and interest in the data you or your users submit to the Service ("Customer Data"). You grant us a non-exclusive licence to host, process, transmit, and display Customer Data to provide the Service, produce aggregated/de-identified analytics, and enforce these Terms. Our handling of personal information is described in the Privacy Policy.
6. Availability and support
We aim for high availability but do not commit to any specific service level unless one is set out in a signed order form. Scheduled maintenance and third-party outages may cause interruptions.
7. Suspension and termination
We may suspend or terminate access if you (a) breach these Terms, (b) fail to pay fees when due, (c) create a security or legal risk, or (d) exceed committed seats without agreeing to increase them. On termination, your data will be retained for a limited period and then deleted; export requests may be made from the Super Admin Panel.
8. Warranties, disclaimers, and Australian Consumer Law
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be error-free, uninterrupted, or produce any particular commercial or lending outcome. See also our Disclaimer.
Australian Consumer Law. If you are a "consumer" as defined in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), certain statutory consumer guarantees apply to the Service and cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by law which cannot lawfully be excluded, restricted, or modified. Where our liability for a failure to comply with a consumer guarantee can be limited under section 64A of the Australian Consumer Law, our liability is limited (at our option) to resupplying the Service or paying the cost of having the Service resupplied.
9. Limitation of liability
Subject to clause 8, and to the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill; and (b) our aggregate liability arising out of or relating to the Service is capped at the fees you paid us in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnity
You will indemnify and hold harmless the Software Owner, its affiliates, and personnel from and against any claim, loss, or expense arising out of (a) your use of the Service in breach of these Terms, (b) your Customer Data, (c) any loan, credit, or financial product you originate, service, or introduce using the Service, and (d) your breach of any licensing, credit, privacy, or AML/CTF law.
11. Changes
We may update these Terms. Material changes will be notified via the app or by email to the billing contact. Continued use after the effective date constitutes acceptance.
12. Governing law
These Terms are governed by the laws of the state in which the Software Owner is established, and both parties submit to the exclusive jurisdiction of the courts of that state, unless a mandatory consumer law of your jurisdiction requires otherwise.
13. Contact
Questions about these Terms: use the "Requests" tab in the Super Admin Panel, or email the billing contact address on file.