The agreement between you and us for using Monkey Assets — your account, plans and billing, your data, our responsibilities and yours, and the legal terms.
Effective date: 22 July 2026. Version: 2026-07-22c.
1.1 These Terms of Service (Terms) form a legal agreement between Ausplace Solutions Pty Ltd ATF Cowley Family Trust (ABN 80 826 600 762) of Unit 2, 14 Cox Road, Windsor 4030, Queensland, Australia (we, us, our or the Operator) and the person or organisation that creates an account or uses the Service (you, your or the Customer). Ausplace Solutions Pty Ltd ATF Cowley Family Trust is an Australian proprietary limited company, and operates Monkey Assets as a MonkeyCode / Ausplace product.
1.2 The Service is the Monkey Assets QR-based IT asset register and its related surfaces, described in section 3. It is provided at https://monkeyassets.net (the former alias assets.monkeycode.au redirects to that address).
1.3 By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to these Terms. If you accept these Terms on behalf of an organisation, you confirm that you are authorised to bind that organisation, and Customer means that organisation.
1.4 These Terms incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy, each as updated from time to time. If there is a conflict, these Terms prevail over the AUP, and the AUP prevails over other published materials, unless a document expressly states otherwise.
1.5 The Service is designed for business and organisational use, including managed-service providers (MSPs) managing assets on behalf of their own clients. It is not marketed to consumers for personal, domestic or household use. Nothing in these Terms excludes, restricts or modifies any right you have under the Australian Consumer Law that cannot lawfully be excluded (see sections 16 and 17).
2.1 In these Terms:
3.1 Monkey Assets is a multi-tenant, QR-based IT asset register. It lets you label IT equipment with QR tags, scan a tag to view the associated asset, and maintain an inventory of your organisation's devices and related records.
3.2 The Service is made available through several surfaces, which may not all be available at all times:
3.3 Depending on your Plan and configuration, the Service can store and manage asset records and their photographs and attachments; capture location, notes, assignment and device-owner information; record people you add manually or import from your own Microsoft 365 / Entra directory; keep audit logs of activity; and apply per-organisation access controls and API rate limits.
3.4 We are continually developing the Service. Some features are described as forthcoming, beta or preview. Those features may change, may be withdrawn, and are provided on an as-is basis for evaluation; we may exclude them from any commitments in these Terms to the extent permitted by law (and always subject to the Consumer Guarantees).
3.5 The Service is a software (SaaS) offering. We supply access to the Service and its features; we do not supply physical goods under these Terms. Any QR tags or labels you apply to your equipment are sourced or printed by you and are not sold or supplied by us. References in these Terms to goods are included only so that any Consumer Guarantee that would apply if goods were in fact supplied is preserved (see section 16).
4.1 To use the Service you must register an Account and provide accurate, current and complete information. You are responsible for keeping your account details up to date.
4.2 You are responsible for all activity under your Account and for your Authorised Users' compliance with these Terms and the AUP. You must ensure that only your Authorised Users access your Account.
4.3 You are responsible for safeguarding login credentials and API tokens. We support optional app-based two-factor authentication (2FA) and optional Microsoft single sign-on (SSO); we strongly recommend enabling them. You must notify us promptly at support@monkeyassets.net if you become aware of any unauthorised access to, or use of, your Account, credentials or API tokens.
4.4 The Service enforces strict per-organisation isolation and role-based access within your Account. You are responsible for assigning appropriate roles and permissions to your Authorised Users and for the consequences of the access you grant.
4.5 You must be at least 18 years old and capable of forming a binding contract to use the Service. If you are an MSP, you are responsible to us for your clients' data and use as if it were your own, and you must have the rights and authority necessary to load and manage that data in the Service.
5.1 The Service is offered on three Plans: Free (no payment card required), Starter and Pro. Plan features, limits and metered allowances (including for the AI Feature) are described at the point of sale or on our pricing page and may be updated from time to time.
5.2 Fees for paid Plans are in Australian dollars (AUD) and are inclusive of GST unless stated otherwise. Paid Plans are charged per organisation; there are no per-user charges on paid Plans. For each paid Plan payment we will provide a valid tax invoice that complies with the requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) for the Fees charged, so that GST-registered Customers can support any input tax credit claim.
5.3 Payments are processed by our payment provider, Stripe, which is located outside Australia. By providing payment details you authorise us and Stripe to charge the applicable Fees. We do not store full card numbers; card processing is handled by Stripe under its own terms and privacy notice.
5.4 Unless stated otherwise, paid Plans renew automatically for successive billing periods until cancelled. For any annual (or longer) billing period, we will send you a renewal reminder a reasonable time before the renewal date. You may cancel renewal at any time from your Account; cancellation takes effect at the end of the current billing period. Except where the Consumer Guarantees or other applicable law require otherwise, Fees already paid are non-refundable and we do not provide pro-rata refunds for partial periods (except where these Terms expressly provide for a pro-rata refund).
5.5 Some features (including the AI Feature) are metered per Plan. If you exceed a metered allowance, the relevant feature may be paused until the next period or, where offered and accepted by you, charged at the disclosed overage rate. AI Performance Scoring is metered differently — see section 8.10.
5.6 We may change Fees, Plans and allowances. We will give you reasonable advance notice of any increase to the recurring Fees for your Plan, and the change will take effect at your next renewal. If you do not accept a Fee increase, your remedy is to cancel before it takes effect.
5.7 You are responsible for any taxes or duties arising from your use of the Service other than taxes on our income. If any amount is overdue, we may suspend access under section 19 after giving you notice and a reasonable opportunity to pay.
5.8 Downgrading a Plan (including from a paid Plan to Free) does not of itself delete Customer Data, but it may reduce your limits, disable metered or paid-only features, and restrict access to data that exceeds the lower Plan's limits until you upgrade again or remove data to fit within them.
5.9 If you are a non-resident Customer located outside Australia and your acquisition of the Service is a GST-free supply under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), we may treat the relevant Fees as GST-free where you provide the information we reasonably require to confirm that treatment. You remain responsible for any tax, duty or charge that applies to you in your own jurisdiction.
6.1 As between you and us, you own all Customer Data and retain all intellectual property rights in it. We do not claim ownership of Customer Data.
6.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, back up, index and process Customer Data, and to create technical copies (such as backups and caches), solely as needed to provide, secure, maintain, support and improve the Service for you, to enable the features you use, and as otherwise permitted by these Terms and the Privacy Policy. This licence ends when the relevant Customer Data is deleted from the Service, subject to routine backup cycles and any retention required by law.
6.3 You are solely responsible for the Customer Data, including its accuracy, quality and legality, and for having all rights, consents and authority necessary to submit it to the Service and to have it processed as described in these Terms and the Privacy Policy — including where you import people from your own Microsoft 365 / Entra directory or otherwise upload personal information about your staff, contractors, contacts or device owners.
6.4 You are responsible for maintaining your own copies of Customer Data that are important to you. While we take encrypted nightly backups of the platform (see section 11), those backups are for our operational resilience and are not a substitute for your own records or an agreed backup service.
7.1 Much of the Service involves us handling personal information that you upload about other people (your staff, contacts, device owners and imported directory people). For that personal information, you are the entity that decides how and why it is handled (the controller of that information), and we handle it on your behalf and on your instructions, as your service provider, in order to provide the Service.
7.2 We will:
7.3 You will:
7.4 Customer Data is stored at rest in Australia (see section 11). However, some processing occurs outside Australia: the AI Feature sends photographs to our third-party AI processing provider, and AI Performance Scoring sends the hardware details recorded for an asset, including its serial number, to that same provider, either of which may be processed overseas (section 8); Stripe processes payment information overseas (section 5); where you connect it, the Microsoft Integration exchanges data with your own Microsoft 365 / Entra tenant, wherever you have chosen to host it (section 9); and an operational notification telling us that an organisation has been created may reach us through an overseas push service, carrying an organisation identifier and no names. Our Privacy Policy identifies our sub-processors and, for those to whom we disclose personal information overseas, where they are likely to process it. It also sets out how we collect, use, disclose and secure personal information, our overseas disclosures (including under APP 8), and how you can access, correct or complain about our handling of personal information, including to the Office of the Australian Information Commissioner (OAIC).
7.5 If we receive a request from one of your staff or another individual to access, correct or delete personal information that you loaded into the Service, we may refer that person to you as the entity responsible for that information, and will reasonably assist you to respond, unless we are required by law to act directly.
7.6 If we become aware of a data breach affecting Customer Data, we will notify you without undue delay and cooperate reasonably so that we can each meet our respective obligations, including under the Notifiable Data Breaches scheme.
7.7 At your request and on your reasonable instructions, we will return or securely delete Customer Data (or a defined subset of it) during the term, not only on termination — except where we are required by law to retain it, or where it persists briefly in routine backups that are purged in the ordinary course (see section 20.2). We may charge our reasonable costs for non-standard export or deletion work.
7.8 Taking into account the nature of the processing and the information available to us, we will provide reasonable assistance to help you meet your own obligations under the Privacy Act and the APPs — including responding to individuals' access and correction requests, carrying out any privacy impact assessment you undertake, and responding to and cooperating with data breaches and with regulators such as the OAIC. This assistance is in addition to, and does not limit, sections 7.5 and 7.6.
7.9 This section and the Privacy Policy record the data-processing arrangement between us. If you require a separate data processing agreement, we will act reasonably in negotiating one consistent with this section.
7.10 Found-device reports. The Service includes an optional found-device feature, switched off by default; nothing in this section applies to your Organisation unless an administrator turns it on. If you enable it, a member of the public who finds one of your labelled assets can submit their contact details and a short note so you can arrange the item's return, and we will disclose that submission to your Organisation. You must treat submissions as unverified messages from unknown members of the public, use a finder's details only to arrange the return of the relevant asset (not for marketing or any other purpose), and delete them when no longer needed — the Service deletes them automatically after 60 days in any event.
8.1 This section covers the two features that send information to our third-party AI processing provider: the AI Feature (sections 8.1 to 8.4) and AI Performance Scoring (sections 8.5 to 8.10). They work differently, send different information, and we make different commitments about each, so they are described separately; do not read a statement about one as a statement about the other unless it says so. The AI Feature is optional and runs only when you use it: you photograph a device and the image is sent to our third-party AI processing provider, which analyses the image and returns the details it can read — make, model, model number, serial number, IMEI for a cellular device, operating system, storage and other register-relevant detail — to help you create or update an asset record. The same call also asks the provider to rate the device and estimate its age; where AI Performance Scoring is switched off for your Account, those ratings are discarded and never stored (section 8.6).
8.2 Our third-party AI processing provider may process the image outside Australia. It routes requests to facilities in a number of countries and does not commit to a single processing location, so we cannot name one; our Privacy Policy sets out what we know about where it stores what we send. We make that disclosure on the basis described in our Privacy Policy: we take steps reasonable in the circumstances to ensure the recipient does not breach the Australian Privacy Principles, including by putting binding contractual protections in place, and we remain accountable for the recipient's handling of that information as APP 8 and section 16C of the Privacy Act provide. We do not rely on your consent or your instruction as the basis for that disclosure. If overseas processing is not acceptable for particular data, do not use the AI Feature for it.
8.3 AI output is best-effort only. It is not guaranteed to be accurate or complete, may be wrong, and must be checked. The two features present their output differently: the AI Feature returns suggested details for you to review in a form and prompts you to check them before you save, while AI Performance Scoring runs unattended and writes its output straight to the asset record without a prompt (section 8.9). In both cases you are responsible for reviewing and correcting AI output before you rely on or act on it. To the extent permitted by law, we are not liable for loss arising from your reliance on AI output that you have had a reasonable opportunity to review and have not corrected; we do not exclude our liability for AI Performance Scoring output for the period before you could reasonably have reviewed it. Nothing in this section affects any Consumer Guarantee that applies.
8.4 You are responsible for what you photograph and submit to the AI Feature, including having the right to submit it and ensuring it does not contain data the Service is not built to handle (section 10.2). The AI Feature is metered per Plan (section 5.5).
8.5 The Service also includes AI Performance Scoring. It rates a computer, phone or tablet out of 100 for office, gaming and creative work, estimates the year the model was sold where the record has no year, and writes a short explanatory note. Unlike the AI Feature, it is not something a person runs each time: it is on by default for every Account, and while it is on it runs automatically, without prompting anyone, when a machine first registers itself through a check-in — whether from the desktop uploader, an intake key, or your own tooling calling the check-in API — and again whenever an Authorised User re-scores an asset. Only computers, phones and tablets are scored.
8.6 An administrator can switch AI Performance Scoring off for the whole Account at any time in your Account settings. While it is off, no specifications are sent to our third-party AI processing provider by either trigger: a machine still registers and still receives its tag and QR code, but it arrives unrated, and the AI Feature stops adding ratings to the records it creates (it still reads the device's details from the photo). Switching it off does not delete ratings already produced, and switching it back on does not rate machines that checked in while it was off. The switch applies to the whole Account — it is not a per-user or per-asset setting — and it does not otherwise affect the AI Feature.
8.7 When AI Performance Scoring runs, we send our third-party AI processing provider the hardware details recorded for the asset — its type, manufacturer, model, serial number, operating system, CPU, memory and storage — together with a fixed, named set of hardware characteristics from the machine's own check-in: for each processor, graphics adapter and disk, its make, model, size, speed, core count and whether the disk is solid-state; the motherboard and BIOS maker, model, version and release date; and the system maker and model. That list is exhaustive. Anything a check-in reports that is not on it is discarded before the request is built, whatever sent it and whatever it is called. In particular we do not send, and cannot be made to send, the serial number of any component, the device or host name, any hardware identifier such as a UUID, any IP or MAC address, or the name, username or user principal name of the person an asset is assigned to. We send those details only to obtain the rating, and we use them for no other purpose. The asset fields in the first list are ones you can edit, so whatever you record in them is what is sent.
8.8 Our third-party AI processing provider may process those details outside Australia, through the same interface and on the same terms as images submitted to the AI Feature: it routes requests to facilities in a number of countries and does not commit to a single processing location. What our Privacy Policy says about that provider — including that it is not permitted to train its AI models on what we send it, and what it publishes about how long it keeps what we send — applies to these details as well. We make that disclosure on the basis described in our Privacy Policy: we take steps reasonable in the circumstances to ensure the recipient does not breach the Australian Privacy Principles, including by putting binding contractual protections in place, and we remain accountable for the recipient's handling of that information as APP 8 and section 16C of the Privacy Act provide. We do not rely on your consent or your instruction as the basis for that disclosure. If overseas processing of those details is not acceptable to you, switch AI Performance Scoring off (section 8.6).
8.9 AI Performance Scoring writes its ratings, its estimated build year and its note to the asset record without asking anyone to confirm them first, because it runs unattended. The record identifies those values as AI-generated and the scoring is recorded in the asset's history. An estimated build year is only written where the record has no build year, so an estimate never replaces a year you entered, and that year is an ordinary field you can edit or clear at any time. The ratings and the note that comes with them are not free-text fields: they are replaced by re-scoring the asset — which uses one AI unit and requires AI Performance Scoring to be switched on — or by writing them through the API, and they are cleared automatically if you retype the asset to something that is not scored.
8.10 The first, automatic scoring of a machine is provided at no charge and does not draw on your Plan's AI allowance. Re-scoring an asset consumes one unit of that allowance. Free scoring is subject to a monthly ceiling for your Account and to a service-wide limit; where either is reached, where our AI processing provider is unavailable, or where the asset is not a type we score, a machine still registers and simply arrives unrated. You must not use repeated deletion and re-registration of the same machine, or other automation, to obtain free scoring beyond what the Service provides (see the AUP).
9.1 The Microsoft Integration lets you connect your own Microsoft 365 / Entra tenant to the Service. You control the connection and the permissions you grant, and you may disconnect it at any time from your Account or in your Microsoft tenant.
9.2 By default the integration is read-only: it imports people (names, emails, user principal names) from your directory so you can associate them with assets as device owners or assignees. Importing does not change anything in your tenant.
9.3 The integration also offers optional write-back features that are off by default and only take effect when you switch them on for a given action, namely:
9.4 When you enable a write-back feature and trigger it, you authorise and instruct us to make the corresponding change in your tenant on your behalf. You are responsible for the permissions you grant, for confirming those changes are appropriate for your environment, and for the effect of any change we make on your instruction — including the effect of Conditional Access or Intune configuration on your users' access. We act only on your instruction and do not make write-back changes to your tenant unless you have switched the relevant feature on.
9.5 Microsoft 365 / Entra and Intune are Microsoft services governed by your own agreement with Microsoft. We are not responsible for those services, for your Microsoft configuration, or for changes Microsoft makes to its APIs that affect the integration.
10.1 You and your Authorised Users must comply with the AUP. Without limiting the AUP, you must not, and must not permit anyone to:
10.2 The Service is an IT asset register. It is not designed or intended to store special-category or high-risk personal information — for example health or medical records, payment-card numbers (PCI data), government identifiers, or other sensitive information — and you must not upload such data to it. You are responsible for any such data you nonetheless submit.
10.3 If you become aware of any breach of this section or the AUP, you must stop it and notify us. We may investigate suspected breaches and take the steps described in section 19.
11.1 We take reasonable steps to protect the Service and Customer Data. Current measures include:
11.2 We describe these measures so you can make an informed decision. We do not represent that the Service is immune from every security risk, and — except for any Consumer Guarantee that applies and to the extent permitted by law — we do not warrant that the Service will be error-free or that security measures will prevent all unauthorised access. We do not currently hold, and these Terms do not claim, any specific security certification (for example SOC 2 or ISO 27001).
11.3 Security is a shared responsibility. You are responsible for configuring the Service securely, managing your users, roles, credentials and API tokens, enabling 2FA and/or SSO where appropriate, and promptly removing access for people who should no longer have it.
12.1 We use the following third parties to help provide the Service:
12.2 We may add, replace or remove Sub-processors as the Service evolves. We will keep an up-to-date list of Sub-processors available (for example in the Privacy Policy). Before a new Sub-processor begins processing Customer Data, we will give you advance notice (for example by updating that list and, where you have subscribed to Sub-processor notifications, by email). If you have a reasonable, data-protection-based objection to a new Sub-processor, you may raise it with us within a reasonable time; we will work with you in good faith to address it, and if we cannot do so you may terminate the affected part of the Service and receive a pro-rata refund of prepaid Fees for the unused period. We engage each Sub-processor under a contract that imposes data-protection obligations materially equivalent to those in section 7, and we remain responsible for their performance of our obligations.
12.3 Except for our Sub-processors acting on our behalf, we are not responsible for third-party products or services you choose to connect to or use with the Service (including your Microsoft tenant), which are governed by your agreements with those providers.
13.1 We and our licensors own all intellectual property rights in the Service, including the software, applications, API, user interfaces, documentation, and the Monkey Assets and MonkeyCode names and logos. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication or otherwise.
13.2 Subject to your compliance with these Terms and payment of any applicable Fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes (including, for an MSP, managing its own clients' assets) during the term of these Terms.
13.3 If you give us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them to improve and develop our products and services, without obligation to you. Feedback is given voluntarily and need not be treated as your confidential information.
14.1 We aim to keep the Service available, but at these Plan tiers we do not offer an uptime service-level agreement or guaranteed availability. The Service may be unavailable during maintenance, updates, or events beyond our reasonable control.
14.2 We may modify, add or remove features, and change how the Service works, over time. We will try not to materially reduce the core functionality of a paid Plan during a paid period without reasonable notice, and if we do materially reduce it you may terminate and receive a pro-rata refund of prepaid Fees for the unused period. Forthcoming, beta and preview features may change or be withdrawn at any time.
15.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law (see section 16). Subject to those guarantees and to section 16, and to the maximum extent permitted by law, the Service is provided on an 'as is' and 'as available' basis, and we exclude all warranties, representations and terms that can lawfully be excluded, whether express, implied or statutory. To the extent permitted by law, we do not warrant that the Service will be uninterrupted, secure, error-free or free from harmful components, or that it will meet your particular requirements.
15.2 Without limiting section 8, we do not warrant the accuracy or completeness of AI output — including extracted details, performance ratings, estimated build years and notes — and you remain responsible for verifying it.
15.3 Nothing in this section excludes, restricts or modifies any Consumer Guarantee or any other right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded (see section 16).
16.1 Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law (the Consumer Guarantees). Nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law, the exercise of any right or remedy under it, or the operation of any Consumer Guarantee, where to do so would be unlawful or would make any part of these Terms void.
16.2 Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a Consumer Guarantee (and the failure does not relate to goods or services of a kind ordinarily acquired for personal, domestic or household use), our liability for that failure is limited, at our option, to:
16.3 The limitations and exclusions in sections 15 and 17 apply only to the extent permitted by law and are read subject to this section 16.
17.1 This section applies to the maximum extent permitted by law and is subject to section 16 (Consumer Guarantees). Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.
17.2 To the extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, anticipated savings, goodwill, business opportunity, or loss or corruption of data, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if advised of the possibility of that loss.
17.3 To the extent permitted by law, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the greater of (a) the total Fees you paid us for the Service in the 12 months immediately before the event giving rise to the liability, and (b) AUD 100.
17.4 Each party must take reasonable steps to mitigate its own loss. The limitations and exclusions in this section apply to the maximum extent permitted by law and are subject to section 16 (Consumer Guarantees).
18.1 To the extent permitted by law, you indemnify us (and our officers, employees and contractors) against liabilities, losses, damages, costs and expenses (including reasonable legal costs) that we reasonably incur in connection with a third-party claim, to the extent the claim arises from:
18.2 We will notify you promptly of any claim to which this indemnity applies, allow you to conduct or participate in the defence, take reasonable steps to mitigate the loss, and not settle a claim in a way that imposes a non-indemnified obligation or admission on you without your consent (not to be unreasonably withheld). This indemnity is reduced proportionately to the extent our own breach, negligence or wilful misconduct caused or contributed to the relevant liability, and does not extend to loss you did not cause.
19.1 You may stop using the Service and cancel your Plan at any time from your Account. Cancellation takes effect at the end of the current billing period (section 5.4).
19.2 We may suspend or terminate your access to all or part of the Service, on notice where practicable, if:
19.3 Where the issue poses an immediate risk to the Service, to other customers, or to any person, or involves suspected serious breach of the AUP, we may suspend access immediately without prior notice and tell you as soon as reasonably practicable.
19.4 Any suspension or termination will be proportionate to the issue. We will use reasonable efforts to limit any suspension to the part of the Service or conduct causing the problem, and we will lift a suspension promptly once its cause is resolved. Suspension does not relieve you of Fees accrued before the suspension. We may terminate the Free Plan, or an inactive Account, on reasonable notice.
19.5 You may terminate these Terms and your paid Plan on notice if we materially breach these Terms and do not remedy the breach within a reasonable time after you ask (where it can be remedied). If we suspend or terminate the Service other than for a cause within sections 19.2 to 19.3 (that is, other than for your breach, non-payment, unlawful or unsafe use, or a legal or essential-supplier requirement), we will refund a pro-rata portion of any prepaid Fees for the period you are unable to use the Service.
20.1 On termination or expiry of your Account, your right to access and use the Service ends. At any time while your Account is active you may export your Customer Data yourself using the export tools in the Service. For 30 days after termination you may also ask us in writing for a copy of your Customer Data, and we will provide it in a machine-readable format at no charge, unless a suspension for serious abuse or a legal requirement prevents it.
20.2 At the end of the 30-day period described in section 20.1, we will delete Customer Data from the live Service. Residual copies in our encrypted backups are overwritten or purged in the ordinary course of our backup cycle, after which they are no longer accessible for restoration to your Account. We may retain data where we are required to by law, in which case we keep it only for as long as required and continue to protect it.
20.3 Sections that by their nature should survive termination continue to apply, including sections 6 (ownership), 13 (intellectual property), 15–18 (disclaimers, ACL, liability and indemnity), 20, 22 (confidentiality), 24 and 25, and any accrued payment obligations. In addition, while any Customer Data remains in our systems (including in backups) after termination, sections 7 (data processing and privacy) and 12 (Sub-processor protections) continue to apply to that data until it is deleted or purged.
21.1 We may update these Terms from time to time — for example to reflect new features, legal requirements, or changes to our Sub-processors. We will post the updated Terms and update the effective date.
21.2 We will notify you of any change that affects you. That notice is given in the Service, and you will see it the next time you sign in — which may be when the change takes effect rather than before it, so please read it then rather than expecting it in advance. Your continued use of the Service after a change takes effect means you accept the updated Terms. If a change that affects you is not acceptable to you, you may terminate these Terms and cancel your Plan within 30 days after that notice, and we will refund a pro-rata portion of any prepaid Fees for the unused period; using the Service during those 30 days does not, for this purpose, count as accepting the change.
21.3 For material changes — including changes that materially reduce your rights or increase your obligations — we do not rely on notice alone. We ask an administrator of your Account to accept the updated Terms, with a plain-language summary of what changed, before your organisation carries on using the Service. So a material change does not take effect for you merely because time has passed: it applies once someone authorised to bind you has accepted it. We may ask for that acceptance at the time the change is published rather than in advance of it, and until it is given the updated Terms do not apply to you. Purely administrative corrections that do not affect your rights or obligations (such as fixing typos or updating our contact details) may take effect when posted.
22.1 Each party may receive confidential information of the other in connection with the Service. Each party will use the other's confidential information only to perform or use the Service, protect it with reasonable care, and not disclose it except to its personnel and contractors who need it and are bound by similar obligations, or where disclosure is required by law.
22.2 This section does not apply to information that is or becomes public without breach, is independently developed, or is lawfully received from a third party. Customer Data is treated in accordance with sections 6, 7 and the Privacy Policy. This section survives termination.
24.1 These Terms are governed by the laws of Queensland, Australia and the laws of the Commonwealth of Australia that apply there. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.
24.2 Before starting court proceedings (other than for urgent injunctive relief), the parties will attempt in good faith to resolve any dispute by discussion, escalating to senior representatives if needed.
25.1 Monkey Assets is operated by Ausplace Solutions Pty Ltd ATF Cowley Family Trust (ABN 80 826 600 762) of Unit 2, 14 Cox Road, Windsor 4030, Queensland, Australia.
25.2 For general and account support, contact support@monkeyassets.net. For privacy questions, requests to access or correct personal information, or privacy complaints, contact privacy@monkeyassets.net. Our Privacy Policy explains how to escalate a privacy complaint, including to the Office of the Australian Information Commissioner (OAIC).