Terms & Conditions

These Terms & Conditions ('Terms') govern your access to and use of the Churnproof platform ('Churnproof Platform' or 'Platform'), operated by Floop Pty Ltd, also trading as Churnproof ('Churnproof', 'Floop', 'we', 'us', or 'our'). By accessing or using the Churnproof Platform, you ('Customer', 'you', or 'your') agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. Definitions

"Churnproof Platform" means Churnproof's proprietary software-as-a-service (SaaS) platform that provides data analytics, feedback analysis, and reporting tools from customer feedback and other unstructured data sources, as well as any web page, website or mobile application on which this set of Terms & Conditions appear, and any data, services, products, activity, or transactions that are offered, made available or facilitated through any of the above or in any other manner.

"Customer Data" means the data you upload or provide to the Platform, including but not limited to support tickets, call transcripts, reviews, and survey data.

"Subscription" means your paid access to the Platform for the Subscription Term in exchange for a Subscription Fee.

"Subscription Term" means the duration of your access to the Platform, as selected at the time of subscription sign-up.

"Subscription Fee" means the amount payable for your Subscription, as displayed during sign-up.

"Trial" means free, time-limited access to the Platform as described in these Terms.

2. Eligibility and Use

The Platform is intended for business and professional use and is not directed to minors. By accessing or using the Platform, you represent that you are not a minor and are capable of entering into a binding agreement. You may use the Platform only for lawful business purposes and in accordance with these Terms.

You agree not to:

• access or use the Platform for any purpose that is unlawful or prohibited by these Terms;
• resell, sublicense, or distribute access to the Platform without Churnproof's prior written consent;
• reverse engineer, decompile, or disassemble any part of the Platform;
• use automated systems (bots, scrapers, etc.) to access or interact with the Platform without authorisation;
• access or use the Platform if you are a direct competitor of Churnproof, except with Churnproof's prior written consent.

3. Free Trial

If you register for a Trial, you may access the Platform free of charge until the end of the trial duration as set out during sign-up, unless terminated earlier by Churnproof. Upon expiry of the Trial, access to the Platform will automatically end unless you upgrade to a paid Subscription. Trial access is provided 'as-is' with no warranties of any kind. Churnproof may delete any Customer Data submitted during the Trial at any time after the Trial ends.

4. Subscriptions and Fees

Subscriptions to the Platform may be monthly, annual, multi-year, or other arrangements as made available by Churnproof. You agree to pay all Subscription Fees in accordance with the payment terms displayed during sign-up. Fees are non-refundable except as required by law. Unless otherwise specified, your Subscription will renew automatically for the same term unless cancelled prior to renewal. Churnproof may adjust fees at renewal with prior notice.

5. Suspension and Termination

Churnproof may suspend, restrict, or terminate your access to the Platform immediately, with or without notice, if it reasonably determines that such action is necessary to protect its systems, maintain integrity, ensure compliance with law, or for any other legitimate business reason. Upon termination or expiry of your Subscription, your access to the Churnproof Platform will cease. Churnproof will delete Customer Data within thirty-one (31) days of termination, except where retention is required by law or for legitimate business purposes such as maintaining billing records or audit logs.

6. Data Protection and Security

Churnproof implements security measures aligned with the principles of ISO 27001 and SOC 2 Type II frameworks, including encryption, access control, monitoring, and incident response. Churnproof does not represent or warrant certification under such frameworks. Data processing and storage are governed by the Churnproof Data Processing Addendum (DPA).

7. Intellectual Property

All intellectual property rights in the Platform, including software, designs, documentation, and algorithms, are owned by Churnproof or its licensors. These Terms do not grant you ownership or any right to modify, copy, distribute, or create derivative works from the Platform.

8. Confidentiality

Each party must protect the other's Confidential Information and use it only for the purposes permitted by these Terms. Confidentiality obligations do not apply to information that becomes public through no fault of the receiving party or that must be disclosed by law.

9. Limitation of Liability and Indemnity

To the maximum extent permitted by law, Churnproof shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, revenue, profits, or business opportunities, arising out of or relating to the use or inability to use the Platform. You agree to indemnify, defend, and hold harmless Churnproof, its officers, directors, employees, agents, contractors, representatives, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Platform, your breach of these Terms, or your violation of any law or third-party rights.

10. Service Modifications

Floop may modify or discontinue any feature or functionality of the Platform at any time at its discretion. Churnproof will make reasonable efforts to avoid material degradation of the Platform's core functionality during your active Subscription Term.

11. Marketing and Publicity

Churnproof may identify you by name and logo as a customer of the Platform in its marketing and promotional materials unless you notify Churnproof in writing that you prefer not to be included.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. This choice of law does not deprive users in other jurisdictions of any mandatory statutory rights.

13. Changes to These Terms

Churnproof may update these Terms from time to time. Updated versions will be posted on Churnproof's website or notified via email. Your continued use of the Platform after the effective date of an updated version constitutes your acceptance of the revised Terms.

14. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Churnproof.

For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions: If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. 2.101.

United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.