Terms of Service

1. Acceptance

BD Tracker (the “Service”) is owned and operated by Ian Kelly (“the Owner”, “we”, “us”). By creating an account, signing in, or using the Service, you (“you”, “the user”) agree to these Terms of Service and to the Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

“Software” means the BD Tracker application, its source code, design, structure, and all related materials. “Intellectual Property” means all copyright, trade marks, patents, trade secrets, know-how, and other proprietary rights in the Software and the Service. “Service Data” means all data held within the Service, including contact records, engagement history, generated content, configuration, and derived data.

3. Ownership of the Software, IP and data

The Owner owns, and retains full and exclusive rights in, the Software, the Intellectual Property, and the Service Data. Nothing in these Terms transfers any right, title, or interest in any of them to you. Your use of the Service does not give you any ownership of, or claim over, the Software, the Intellectual Property, or the Service Data, whether by use, contribution, suggestion, or otherwise.

All data you enter into or generate through the Service forms part of the Service Data and is owned and controlled by the Owner. You will not assert any proprietary claim over the Software, the Service, or the Service Data.

4. Licence to use

Subject to these Terms, the Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service for its intended business development purpose. This licence ends automatically when your access ends or these Terms terminate.

5. Acceptable use

You must not:

• copy, modify, distribute, sell, lease, or create derivative works of the Software or the Service;
• reverse engineer, decompile, or attempt to derive the source code or structure of the Software, except to the extent this restriction is prohibited by law;
• extract, scrape, or copy the Service Data other than as permitted by the Service for your own legitimate use of it;
• use the Service to breach any law, any third party’s rights, or any platform’s terms of use;
• remove or obscure any ownership, copyright, or proprietary notice.

6. Feedback

If you provide suggestions, ideas, or feedback about the Service, you assign all rights in that feedback to the Owner, and the Owner may use it for any purpose without restriction, attribution, or compensation.

7. Confidentiality

The Software, its design, and the Service Data are confidential to the Owner. You must keep them confidential and not disclose them to any third party except as required to use the Service for its intended purpose or as required by law.

8. Termination

The Owner may suspend or end your access to the Service at any time, with or without notice. On termination, your licence ends and you must stop using the Service. Sections covering ownership, confidentiality, feedback, disclaimers, and limitation of liability survive termination.

9. Disclaimer

The Service is provided on an “as is” and “as available” basis, to the extent permitted by law. The Owner does not warrant that the Service will be uninterrupted, error-free, or fit for any particular purpose.

10. Limitation of liability

To the maximum extent permitted by law, the Owner is not liable for any indirect, incidental, or consequential loss arising from your use of the Service. Nothing in these Terms excludes any right or remedy that cannot be excluded under the Australian Consumer Law.

11. Changes to these Terms

The Owner may update these Terms from time to time. When the Terms change in a material way, you will be asked to accept the updated version before you continue using the Service. Your acceptance is recorded for each version.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.