Terms of Service

Last updated: August 2026

These Terms of Service ("Terms") govern your access to and use of the ClearTrace platform, website, and related services ("Services") provided by ClearTrace360 Pty Ltd ("ClearTrace360", "we", "our", or "us").

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

1. Use of the Platform

ClearTrace is a Software-as-a-Service (SaaS) platform designed to assist organisations in meeting their Anti-Money Laundering (AML), Counter-Terrorism Financing (CTF), Know Your Customer (KYC), and customer due diligence obligations.

You agree to use the Services only:

• for lawful purposes;
• in accordance with these Terms;
• in compliance with all applicable Australian laws and regulations, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and
• in accordance with your organisation's internal compliance obligations.

You must not:

• upload malicious software or harmful code;
• attempt to gain unauthorised access to the platform;
• interfere with the operation or security of the Services;
• use the Services for fraudulent or unlawful purposes.

2. No Legal or Regulatory Advice

ClearTrace is a technology platform only.

Nothing within the platform constitutes legal, regulatory, taxation, accounting, or professional advice.

Your organisation remains solely responsible for:

• maintaining a compliant AML/CTF Program;
• customer risk assessments;
• compliance decisions;
• regulatory reporting; and
• compliance with applicable legislation.

Independent professional advice should be obtained where appropriate.

3. Customer Accounts

You are responsible for:

• maintaining the confidentiality of usernames and passwords;
• ensuring only authorised personnel access your account;
• promptly removing access for former employees;
• notifying us immediately of any suspected unauthorised access.

You remain responsible for all activity occurring under your account.

4. Subscription, Fees and Billing

Subscriptions are billed annually.

Subscription fees are payable in advance.

Third-party verification charges (including DVS, Sumsub, ASIC, sanctions screening and similar verification services) are charged separately based on actual usage and the applicable third-party pricing.

Failure to pay invoices may result in suspension or termination of Services.

5. Refund Policy

Subscription fees are generally non-refundable once the subscription period has commenced.

Third-party verification fees are non-refundable once verification requests have been submitted to the relevant provider.

Nothing in this policy limits your rights under the Australian Consumer Law.

6. Third-Party Services

The Services integrate with third-party providers including identity verification, ASIC, sanctions screening and other compliance services.

Your use of those services may be subject to the provider's own terms and privacy policies.

ClearTrace360 is not responsible for:

• third-party service availability;
• data accuracy;
• delays;
• outages; or
• changes made by third-party providers.

7. Customer Data

You retain ownership of all Customer Data uploaded to the Services.

ClearTrace360 acquires no ownership rights in Customer Data.

We use Customer Data solely for:

• providing the Services;
• customer support;
• security monitoring;
• complying with legal obligations;
• performing services requested by you.

8. Artificial Intelligence

ClearTrace360 will not use Customer Data to train, fine-tune or improve any Artificial Intelligence (AI) or Machine Learning (ML) models unless expressly authorised in writing by the Customer.

Customer Data will never be used for marketing or any unrelated commercial purpose without prior written consent.

9. Privacy

Our handling of personal information is governed by our Privacy Policy.

You are responsible for ensuring you have the legal authority to submit personal information into the platform.

10. Security

ClearTrace360 maintains an Information Security Management System.

Security controls include, where applicable:

• Multi-Factor Authentication (MFA)
• Role-Based Access Control (RBAC)
• Encryption in transit
• Encryption at rest
• Audit logging
• Security monitoring
• Vulnerability management
• Penetration testing
• Secure software development practices

11. Availability

We will use commercially reasonable efforts to maintain the availability of the Services.

However, we do not guarantee uninterrupted, error-free or continuous operation.

Scheduled maintenance, emergency maintenance or events beyond our reasonable control may temporarily affect availability.

12. Suspension

We may suspend access immediately where reasonably necessary to:

• protect platform security;
• investigate suspected misuse;
• comply with legal obligations;
• prevent harm to other customers; or
• respond to a security incident.

13. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party.

Confidential information may only be used for the purposes of providing or receiving the Services unless disclosure is required by law.

14. Intellectual Property

All intellectual property rights in the ClearTrace platform, website, documentation, software, trademarks and associated materials remain the property of ClearTrace360 Pty Ltd or its licensors.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Services during your active subscription.

No ownership rights are transferred.

15. Termination

Either party may terminate the Services in accordance with the applicable Subscription Agreement.

Upon termination:

• your access to the Services will cease;
• Customer Data will be retained or deleted in accordance with the Subscription Agreement, Privacy Policy and applicable law;
• outstanding fees remain payable.

16. Force Majeure

Neither party will be liable for delays or failures caused by circumstances beyond its reasonable control, including:

• natural disasters;
• pandemics;
• government actions;
• internet outages;
• cyber attacks;
• power failures;
• failures of third-party service providers.

17. Changes to these Terms

We may update these Terms from time to time.

The latest version will always be published on our website.

Continued use of the Services constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

19. Contact Us

ClearTrace360 Pty Ltd

Address: 13/33 Ryde Road, Pymble NSW 2073, Australia
Email: info@cleartrace360.com.au