Terms and Conditions
Please read the following Terms and Conditions (the “Terms”) carefully, as they govern your use of the websites located at
https://www.chasefive.com and
https://chasefive.pro (together, the “Websites”) and your relationship with Chasefive.
By accessing or using the Websites, you agree to be bound by these Terms. If you do not agree, you must not use the Websites. Chasefive may revise these Terms at any time without prior notice by posting updated Terms on the Websites. Continued use of the Websites after any modifications constitutes acceptance of the revised Terms.
General Terms
1.1 Use of Website
Use of the Websites is entirely at your own risk. The Websites are provided for general information about Chasefive’s services. Chasefive does not guarantee the accuracy, completeness, or timeliness of the information.
1.2. Disclaimer of Warranties
THE WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CHASEFIVE AND ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
1.3. Limitation of Liability
To the fullest extent permitted by law, Chasefive shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from use of, or inability to use, the Websites. Where liability limitations are restricted by law, Chasefive’s liability shall be limited to the maximum extent permitted by applicable law.
1.4. Intellectual Property
Chasefive, its clients, or affiliates own or are licensed users of all trademarks, service marks, and copyrighted materials appearing on the Websites, unless otherwise indicated.
You may print a copy of the information for personal, non-commercial use only. Any other use, including reproduction, modification, distribution, or storage without prior written consent from Chasefive, may violate applicable intellectual property laws.
“Chasefive” and the Chasefive logo are registered trademarks of Chasefive. Other trademarks, trade names, and logos displayed on the Websites belong to their respective owners.
1.5. Links to Other Websites
The Websites may contain links to third-party websites. Chasefive is not responsible for the content, availability, or practices of any linked websites.
2. MAM Software (Chasefive Marketing Architecture Management Software)
2.1. The Service
Chasefive MAM is a marketing management software platform designed to assist organisations with marketing planning, management, governance, budgeting, activities, reporting, performance analysis and related business processes.
Chasefive may update, modify, improve or replace features of the Service from time to time. We may also introduce new functionality, integrations, automation or artificial intelligence features.
We do not guarantee that every feature will remain available indefinitely or that the Service will always operate without interruption or error.
Where a material change substantially reduces the core functionality of a paid Service, Chasefive will use reasonable efforts to provide affected Customers with reasonable notice where practicable.
2.2. Eligibility and Business Use
You must have legal capacity to enter into these Terms.
MAM is principally intended for business and professional use. If you access or use MAM on behalf of an organisation, you warrant that you are authorised to do so.
You are responsible for ensuring that your use of the Service complies with laws and regulations applicable to you and your organisation.
2.3. Accounts and Authorised Users
Certain functionality requires a registered account.
You must provide accurate and current information when establishing and maintaining an account.
You are responsible for:
maintaining the confidentiality and security of account credentials;
activity conducted through your account and your Authorised Users;
ensuring that only authorised persons access the Service;
assigning appropriate access permissions;
promptly removing access for persons who are no longer authorised; and
promptly notifying Chasefive if you become aware of suspected unauthorised access or compromise of an account.
You must not knowingly permit account credentials to be shared with persons who are not authorised to use the Service.
Where an organisation administers an account, its nominated administrators may manage users, permissions and information associated with that organisation's account.
2.4. Licence to Use MAM
Subject to these Terms and payment of any applicable fees, Chasefive grants you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for your internal business purposes during the applicable subscription or authorised access period.
No ownership rights in MAM or Chasefive intellectual property are transferred to you.
Your right to use the Service ends when your account or subscription terminates, except for rights that expressly survive termination.
2.5. Acceptable Use
You must not use the Service to:
violate applicable law or the rights of another person;
access or attempt to access accounts, systems or data without authorisation;
interfere with the security, integrity, availability or performance of the Service;
introduce malware, malicious code or harmful material;
conduct vulnerability testing, penetration testing or security scanning without Chasefive's prior written authorisation;
bypass or attempt to bypass technical, security, access or usage restrictions;
systematically scrape, harvest, copy or extract data or content from the Service except through functionality expressly provided by Chasefive;
reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying proprietary components of MAM except where such restriction is prohibited by law;
reproduce, modify, distribute, sublicense, sell, lease or commercially exploit the Service without Chasefive's written authorisation;
use the Service to build, train, develop or materially assist the development of a competing software product or service using Chasefive's proprietary materials, structures or functionality;
upload material that infringes intellectual property, privacy, confidentiality or other rights; or
use automated systems in a manner that places unreasonable load on the Service or interferes with its operation.
Chasefive may take reasonable measures to prevent or address misuse of the Service.
2.6. Chasefive Intellectual Property
Chasefive and its licensors retain all rights, title and interest in and to the Service and associated intellectual property.
This includes, where applicable, MAM software, source and object code, application architecture, functionality, user interfaces, designs, workflows, database structures, schemas, methodologies, templates, reports, documentation, content, graphics, branding, processes and proprietary terminology.
Except for the limited licence expressly granted under these Terms, no licence or other right in Chasefive intellectual property is granted or implied.
2.7. FAPI Marketing Framework™
The FAPI Marketing Framework™, including its methodologies, structures, terminology, processes, models, documentation, training materials and related intellectual property, is proprietary to Chasefive and/or its licensors.
Access to functionality within MAM that incorporates or reflects elements of the FAPI Marketing Framework™ does not transfer ownership of that intellectual property or grant a right to reproduce, commercialise, teach, license or distribute the framework independently of the Service unless expressly authorised in writing by Chasefive.
2.8. Customer Data
"Customer Data" means information, content, records, documents, metrics, budgets, financial information, plans, activities, performance data and other material submitted to, stored in or generated from information supplied through a Customer's account.
As between Chasefive and the Customer, the Customer retains its rights, title and interest in Customer Data.
Nothing in these Terms transfers ownership of Customer Data to Chasefive.
You are responsible for the accuracy, quality, legality and appropriateness of Customer Data and for ensuring that you have all rights, permissions, consents and lawful bases necessary to provide and process Customer Data through the Service.
2.9. Licence to Process Customer Data
You grant Chasefive a non-exclusive licence to host, store, copy, transmit, process, display and otherwise use Customer Data only to the extent reasonably necessary to:
provide and operate the Service;
perform functionality requested by users;
maintain and secure the Service;
provide support;
prevent fraud, misuse and security threats;
comply with applicable legal obligations; and
improve and develop the Service, subject to applicable law and Chasefive's privacy obligations.
This licence does not transfer ownership of Customer Data to Chasefive.
Where Chasefive uses aggregated or de-identified information for analytics, service improvement or benchmarking, it will take reasonable steps to ensure that the information does not identify the Customer or individual users.
2.10. Confidentiality
Each party may receive non-public or commercially sensitive information belonging to the other party.
Each party must take reasonable steps to protect such confidential information and must not disclose or use it except:
as required to provide or receive the Service;
with the other party's consent;
where the information has lawfully entered the public domain;
where it was independently developed or lawfully obtained from another source; or
where disclosure is required by law.
Chasefive may provide confidential information to employees, contractors and service providers who reasonably require access to perform services and who are subject to appropriate confidentiality obligations.
2.11. Security
Chasefive will use commercially reasonable administrative, technical and organisational measures designed to protect Customer Data against unauthorised access, loss, misuse or disclosure.
However, no internet-based software service or electronic storage system can be guaranteed to be completely secure.
Customers remain responsible for maintaining appropriate security practices for their own systems, devices, credentials, users and information.
You must promptly notify Chasefive if you become aware of a suspected security incident affecting your account.
2.12. Third-Party Services and Integrations
MAM may integrate with, link to or depend upon third-party products, APIs, platforms, software or services.
Third-party services are outside Chasefive's direct control and may be subject to separate terms, privacy policies, fees and availability requirements.
To the maximum extent permitted by law, Chasefive is not responsible for failures, interruptions, changes, security incidents, data loss or other issues caused by third-party services outside Chasefive's reasonable control.
Chasefive may add, modify or discontinue third-party integrations where reasonably necessary.
2.13. Artificial Intelligence and Automated Features
The Service may include artificial intelligence, machine learning, automated analysis, chatbot or other automated functionality ("AI Features").
AI Features may process information supplied by users or contained in Customer Data in order to generate responses, summaries, analyses, recommendations or other outputs.
AI-generated outputs may be incomplete, inaccurate, outdated or inappropriate for a particular purpose and should not be treated as independently verified facts.
You are responsible for reviewing and validating AI-generated outputs before relying upon or acting on them.
Where third-party technology providers are used to deliver AI Features, relevant information may be processed by those providers in accordance with Chasefive's applicable arrangements, Privacy Policy and legal obligations.
You must not submit information to an AI Feature unless you are authorised to have that information processed for the relevant purpose.
Chasefive does not guarantee the accuracy, completeness, originality or suitability of AI-generated outputs.
2.14. Management Information and No Professional Advice
MAM is a management-support platform.
Reports, calculations, dashboards, forecasts, analyses, recommendations, AI-generated responses and other outputs are provided for informational, planning and management-support purposes.
They do not constitute legal, accounting, financial, tax, investment or other regulated professional advice.
Customers remain responsible for reviewing information, applying professional judgement and making their own business and management decisions.
Chasefive does not guarantee that use of MAM, the FAPI Marketing Framework™, any recommendation or any output will produce a particular marketing, financial, operational or commercial result.
2.15. Data Accuracy
MAM may perform calculations, reporting and analysis using Customer Data and information obtained from integrated systems.
The quality and accuracy of outputs may depend on the completeness, accuracy, timeliness and configuration of the underlying information.
Chasefive is not responsible for inaccuracies resulting from incorrect, incomplete, outdated or improperly configured Customer Data or third-party information.
Customers should verify material information before using it to make significant business decisions.
2.16. Subscriptions, Fees and Billing
Certain functionality may be offered under free or paid plans.
Paid subscriptions are subject to the fees, billing cycle, inclusions and limits specified when the subscription is purchased or otherwise agreed with Chasefive.
Unless otherwise stated, applicable fees are exclusive of taxes that Chasefive is required to charge.
Where recurring billing applies, you authorise Chasefive or its payment provider to charge applicable subscription fees according to the agreed billing cycle until cancellation.
Chasefive may change subscription pricing on reasonable notice. Pricing changes will ordinarily apply from a subsequent renewal period rather than retrospectively.
Failure to pay amounts when due may result in restriction, suspension or termination of access after reasonable notice where appropriate.
2.17. Free, Trial, Beta and Experimental Features
Chasefive may offer free, trial, preview, beta or experimental functionality.
Such functionality may be changed, restricted or discontinued and may contain defects or incomplete functionality.
To the maximum extent permitted by law, beta or experimental features are provided without warranties regarding availability, performance, accuracy or continued operation.
2.18. Service Availability and Maintenance
Chasefive aims to maintain reliable access to the Service but does not guarantee uninterrupted or error-free operation unless a separate written service-level agreement expressly provides otherwise.
The Service may occasionally be unavailable due to maintenance, upgrades, security requirements, third-party infrastructure failures, technical issues or circumstances outside Chasefive's reasonable control.
Chasefive may perform scheduled or emergency maintenance as reasonably necessary.
2.19. Feedback
If you voluntarily provide suggestions, ideas or feedback relating to the Service, you grant Chasefive a perpetual, worldwide, royalty-free right to use that feedback to develop, operate, improve and commercialise Chasefive products and services.
This provision applies to feedback about Chasefive and the Service and does not transfer ownership of Customer Data to Chasefive.
2.20. Suspension
Chasefive may temporarily restrict or suspend access to all or part of the Service where reasonably necessary to:
address a security threat;
prevent unauthorised or unlawful use;
protect Chasefive, Customers or third parties;
respond to a material breach of these Terms;
comply with a legal requirement; or
address overdue payment obligations.
Where practicable and appropriate, Chasefive will provide notice and an opportunity to remedy the relevant issue.
2.21. Customer Data Following Termination
Following termination or expiry, Chasefive may provide a reasonable period during which the Customer can retrieve or export Customer Data, where such functionality is available.
After the applicable retention period, Chasefive may delete Customer Data from active systems unless retention is required by law or reasonably necessary for legitimate legal, security or backup purposes.
Residual copies may remain temporarily in backups and will be deleted or overwritten according to Chasefive's ordinary backup and retention processes.
Customers are responsible for exporting information they require before applicable retention periods expire.
2.22. Warranties and Disclaimers
To the maximum extent permitted by law, the Service is provided on an "as available" basis.
Chasefive does not warrant that the Service will:
operate continuously or without error;
satisfy every Customer requirement;
be compatible with every system or third-party service;
detect or prevent every security threat;
produce error-free calculations or recommendations; or
produce any particular business, marketing or financial outcome.
Nothing in these Terms excludes warranties, guarantees or other rights that cannot lawfully be excluded.
2.23. Termination
You may stop using the Service or cancel your subscription in accordance with the applicable subscription arrangements.
Chasefive may terminate an account or subscription where you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within a reasonable period after receiving notice.
Chasefive may terminate or suspend access immediately where reasonably necessary because of serious unlawful conduct, security threats, fraud, abuse or circumstances creating material risk to Chasefive, the Service or other users.
Termination does not affect rights or liabilities accrued before termination.
2.24. Australian Consumer Law and Non-Excludable Rights
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Where Chasefive is permitted by law to limit its liability for breach of a statutory guarantee, Chasefive's liability will be limited to the extent and in the manner permitted by applicable law.
If there is an inconsistency between these Terms and a non-excludable statutory right, the statutory right prevails to the extent of the inconsistency.
2.25. Limitation of Liability
To the maximum extent permitted by law, Chasefive will not be liable for indirect, incidental, special or consequential loss arising from or relating to the Service, including loss of profits, revenue, business opportunities, anticipated savings, goodwill or business interruption, except to the extent such liability cannot lawfully be excluded.
To the maximum extent permitted by law, Chasefive's aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees paid or payable by the Customer to Chasefive for the relevant Service during the 12 months immediately preceding the event giving rise to the claim.
If the Customer has used only a free Service and no fees have been paid during that period, Chasefive's aggregate liability will be limited to AUD $100, to the extent permitted by law.
These limitations do not apply to liability that cannot lawfully be excluded or limited.
2.26. Customer Indemnity
To the extent permitted by law, you indemnify Chasefive against third-party claims, losses, liabilities and reasonable costs arising directly from:
your unlawful use of the Service;
Customer Data that infringes a third party's rights;
your material breach of these Terms; or
your deliberate misuse of the Service.
Your liability under this clause will be reduced to the extent that Chasefive's own acts or omissions contributed to the relevant loss.
2.27. Force Majeure
Neither party will be liable for failure or delay in performing an obligation, other than an obligation to pay amounts already due, where the failure results from circumstances beyond that party's reasonable control.
Such circumstances may include natural disasters, fires, floods, epidemics, war, civil unrest, telecommunications or internet failures, widespread infrastructure outages, governmental actions and failures of critical third-party infrastructure.
2.28. Changes to the Service
Chasefive may modify the Service to improve functionality, security, performance or usability, respond to legal or regulatory requirements, accommodate technological developments or otherwise operate and develop the Service.
Where reasonably practicable, Chasefive will provide notice of material changes that substantially and adversely affect the core functionality of a paid subscription.
2.29. Changes to These Terms
Chasefive may update these Terms from time to time to reflect changes to the Service, law, security requirements or business practices.
The updated Terms will be made available through the Service or Chasefive website.
Where changes are material and adversely affect existing Customers, Chasefive will take reasonable steps to provide advance notice where practicable.
Continued use of the Service after updated Terms take effect constitutes acceptance of those Terms, subject to any rights available under applicable law.
2.30. Assignment
You may not assign or transfer your rights or obligations under these Terms without Chasefive's prior written consent, which will not be unreasonably withheld.
Chasefive may assign or transfer these Terms in connection with a corporate restructure, merger, acquisition, sale of business or assets, or similar transaction, subject to applicable law.
2.31. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary and the remaining provisions will continue in effect.
2.32. Waiver
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
2.33. Entire Agreement
These Terms, together with the Privacy Policy and any applicable subscription, order form or other written agreement expressly incorporated into them, constitute the agreement between you and Chasefive concerning the Service.
Where a separately executed written agreement between Chasefive and a Customer expressly conflicts with these Terms, the separately executed agreement prevails to the extent of that inconsistency.
2.34. Electronic Communications and Notices
You agree that Chasefive may provide notices and communications relating to the Service electronically, including through email, account notifications or notices displayed within the Service.
You are responsible for maintaining current contact information associated with your account.
2.35. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia.
Subject to any rights that cannot lawfully be excluded, the parties submit to the jurisdiction of the courts of Queensland and applicable Commonwealth courts.
2.36. Contact
Questions concerning these Terms or the Service may be directed to Chasefive through the contact details provided on the Chasefive website.
Chasefive
Brisbane, Queensland, Australia
FAPI Marketing Framework™ and Chasefive MAM are proprietary products and intellectual property of Chasefive Management, subject to applicable registered and unregistered intellectual property rights.