Last Updated: November 2025

Terms of Service

Welcome to Argus Advantage. These Terms of Service ("Terms") govern your access to and use of the Argus Advantage platform ("the Platform"), operated by Jane Fewings Media Pty Ltd (Trading as Argus Advantage) ("Argus Advantage", "we", "us", or "our").

1. Australian Consumer Law (ACL) Acknowledgment

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be lawfully excluded, restricted, or modified. To the maximum extent permitted by law, our liability for breach of any guarantee or condition which cannot be excluded is limited, at our option, to the resupply of the services or the payment of the cost of having the services supplied again.

2. Description of Service & Uptime Disclaimers

Argus Advantage is a B2B Software-as-a-Service (SaaS) platform providing advertising intelligence, competitive analysis, and AI-driven insights. The service is intended for professional business use only.

No Uptime or SLA Guarantees: Argus Advantage provides the Platform on an "as is" and "as available" basis. We offer no uptime commitments, service level agreements (SLAs), or guarantees of continuous availability. We explicitly disclaim all liability for platform downtime, scheduled or unscheduled maintenance, data synchronization delays, or API connection failures.

We reserve the unilateral right to suspend, modify, or restrict access to any portion of the Platform, or the entire service, for maintenance, security updates, or fair use reviews at any time without notice and without liability.

3. Third-Party Service Dependencies

Important Disclosure: The Platform provides intelligence by monitoring and aggregating public data from various third-party sources and Application Programming Interfaces (APIs), including but not limited to the Meta Ads Library, Google Ads Transparency Center, LinkedIn, and TikTok.

You acknowledge and agree that:

• The Platform's functionality is strictly dependent on the continuous availability and accessibility of these third-party systems.
• Argus Advantage has no control over the policies, uptime, access rules, or data accuracy of these third-party providers.
• Argus Advantage is not responsible or liable for any interruptions, data gaps, inaccuracies, or delays caused by third-party service downtime, API changes, or access restrictions.

4. Fair Use & Scraping Restrictions

You are granted a limited, non-exclusive, non-transferable, and revocable license to access the Platform strictly for your internal business purposes.

Fair Use and Automated Scraping Prohibitions: To protect the integrity of the Platform and database, you must not, and must not permit any third party to:

• Use any automated crawlers, bots, scraping tools, spiders, site search/retrieval applications, or other manual or automatic devices to retrieve, index, mine, or harvest compiled data from the Platform.
• Attempt to reverse engineer, decompile, disassemble, or extract the source code or underlying data structures of the Platform.
• Circumvent any security measures, rate limits, or access controls implemented on the Platform.
• Redistribute, resell, or white-label the Platform's data or reports without explicit written consent from Argus Advantage.

Any violation of these restrictions constitutes a material breach of these Terms and will result in the immediate termination of your account without refund.

5. Intellectual Property & Data Ownership

The Platform, including its code, design, branding, algorithms, and proprietary AI analysis techniques, is the exclusive intellectual property of Jane Fewings Media Pty Ltd (Trading as Argus Advantage).

Client Data vs. Platform Data:

• Client Data: You retain ownership of all data, text, or credentials you input into the Platform. You grant Argus Advantage a limited license to process this data solely to provide the services.
• Platform Data: Argus Advantage owns and retains all rights to data generated through the delivery of the services, including analytics outputs, aggregated insights, metadata, and operational data that does not identify an individual. We may use anonymized, aggregated data to improve our algorithms and services.

6. Subscription Billing, Failed Payments & Default

Access to the Platform is provided on a subscription basis and billed on a recurring monthly cycle.

• Secure Payment Processing (Stripe): All payments are securely processed through our third-party payment gateway provider, Stripe, Inc. and are subject to Stripe's terms and services. Argus Advantage does not store, transmit, or process your raw credit card details or security codes. All payment credentials are encrypted and vault-stored directly by Stripe in compliance with Payment Card Industry Data Security Standards (PCI-DSS).
• Automatic Suspensions: If a recurring subscription charge fails, access to the Platform will be automatically suspended after a standard retry/grace period of 3 to 7 days until outstanding payments are settled.
• Overdue Balances & Collections: Any invoice or subscription balances overdue for more than 60 days will be referred to an external collection agency for recovery. The client agrees to pay all reasonable costs incurred by Argus Advantage in recovering the outstanding debt, including collection fees, commissions, and legal costs on a full indemnity basis.

7. Data Protection Roles & Responsibilities

Both parties agree to comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the OAIC tracking guidelines.

• Argus Advantage as Processor: We act as a Data Processor for Client Data. We process this data strictly in accordance with your instructions to deliver the services and secure it using industry-standard access controls and encryption.
• Client as Controller: You act as the Data Controller. You are solely responsible for ensuring that all personal information and tracking tokens provided to the Platform have been collected lawfully, and that individuals receive appropriate privacy notifications.
• Website Tracking: The Client is responsible for ensuring their websites and landing pages feature clear notifications regarding cookies and tracking pixels (such as those synced with the Platform) and maintain an APP-compliant Privacy Policy.
• Cross-Border Data Storage: You acknowledge that Client Data may be processed or stored outside Australia, including in the United States, European Union, United Kingdom, Singapore, India, and the Philippines. We assess that our overseas providers maintain privacy protections substantially similar to the APPs.
• Sensitive Information: You must not supply the Platform with sensitive information (such as health data, political beliefs, or information regarding minors).

8. Indemnification

You agree to indemnify, defend, and hold harmless Jane Fewings Media Pty Ltd, its directors, employees, and agents from and against any losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms, including the Fair Use and Scraping prohibitions.
• Your collection, handling, or provision of Client Data to the Platform.
• Any third-party claims of intellectual property infringement or defamation relating to information provided by you.
• Any regulator fines or penalties imposed due to non-compliant tracking or data collection configurations requested by you.

9. Limitation of Liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law guarantees:

• Argus Advantage's total aggregate liability to you for any breach of contract, negligence, or statutory duty arising under or in connection with these Terms is limited strictly to the total fees paid by you to Argus Advantage in the monthly billing period in which the event giving rise to the liability occurred.
• In no event will Argus Advantage be liable for any indirect, consequential, special, punitive, or economic loss (including loss of profits, business revenue, reputation, or data).

10. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties must attempt to resolve the issue in good faith through the following steps before escalating to litigation:

1. Notice of Dispute: The claiming party must send a written notice detailing the dispute to the other party.
2. Negotiation: Authorized representatives from both parties must meet (virtually or in person) within 14 days of the notice to negotiate a resolution.
3. Mediation: If the dispute is not resolved within 30 days of the initial notice, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) before commencing court proceedings.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them.

12. Contact Us

If you have any questions about these Terms, please contact us:

Jane Fewings Media Pty Ltd (Trading as Argus Advantage)
1/60 Edward Street
Brisbane, QLD 4000, Australia
Email: legal@pivotus.com.au