Last updated: September 18, 2026
1. Acceptance of Terms
By accessing and using Filament (“Service”), operated by Errinundra Pty Ltd t/a Filament ABN: 29 680 843 814 (the “Company”, “we”, “us”, or “our”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms of Use constitute a legally binding agreement between you and the Company. You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service.
2. Service Description and Use License
Filament is a software-as-a-service (SaaS) platform providing data analytics and business intelligence services. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
Some plans and order forms include professional services, such as a dedicated analyst, dashboard development, analysis requests, or custom template development. The scope of those services, including any limit on the number of concurrent requests and any indicative turnaround times, is set out in the applicable order form or services schedule. Indicative turnaround times are targets, not guarantees, and are not service level commitments.
You may not:
- modify, copy, or create derivative works of the Service;
- reverse engineer, decompile, or disassemble any portion of the Service;
- access the Service to build a competitive product or service;
- use the Service for any unlawful purpose or in violation of any applicable laws;
- sublicense, resell, or distribute the Service to any third party;
- remove or alter any proprietary notices or labels.
3. Data Usage
Filament processes and stores your business data to provide analytics services. By using our service, you grant us permission to:
- Access and process data from your connected integrations
- Store your data in our secure data warehouse
- Generate insights and analytics based on your data for your use within the platform
- Use aggregated, anonymized data to improve our services
Your data remains your property. We do not sell, share, or disclose your data to third parties except as required by law.
4. Payment Terms
Access to the Service requires payment of subscription fees as specified on our pricing page or in your order form. Fees are charged in the currency stated on our pricing page or in your order form, and are exclusive of GST, which will be added where applicable.
- Subscription fees are billed in advance, on the cycle stated on our pricing page or in your order form;
- All fees are non-refundable except as required by Australian Consumer Law;
- Where your plan has a minimum committed term, the fees for that term are fixed for its duration and payable in full for the whole term;
- We reserve the right to modify pricing with 30 days’ notice, with any change taking effect from the start of your next billing period or, if you have a minimum committed term, from the start of the renewal term that follows it;
- Failure to pay fees may result in suspension or termination of your access.
A minimum committed term is a minimum period that is stated in your order form or presented to you at the time you subscribe, such as the 12-month term that applies to our Analyst plan. Paying annually in advance is a billing choice and is not by itself a minimum committed term. If your plan does not state one, you do not have one, and your subscription continues from one billing period to the next until either party terminates it.
5. Disclaimer and Consumer Guarantees
To the maximum extent permitted by law, the Service is provided on an ‘as is’ and ‘as available’ basis. We make no warranties or representations about the accuracy or completeness of the Service’s content.
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws that cannot be excluded, restricted or modified by agreement.
Subject to the above, we exclude all implied conditions and warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
Our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Service in the 12 months preceding the claim.
These limitations apply to the extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth).
7. Intellectual Property
The Service, including all content, features, and functionality, is owned by the Company and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain all rights to your data. By using the Service, you grant us a limited license to use, process, and display your data solely for the purpose of providing the Service to you.
Dashboards, reports, analysis, and templates that we produce for you under a professional services engagement are yours to use, copy, and modify within your organisation, during and after the term. We retain ownership of the underlying Service and of the generally applicable know-how, methods, and templates used to create them.
8. Termination
Either party may terminate this agreement:
- By you at any time, effective at the end of your current billing period, or at the end of your minimum committed term where one applies;
- By us on 30 days’ written notice, except that we may not terminate for convenience during your minimum committed term;
- Immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days;
- Immediately if the other party becomes insolvent or enters bankruptcy proceedings.
Upon termination, your access to the Service will cease, and you must stop using the Service. If requested within 7 days following termination, we will provide an SQL export of your data, after which it will be deleted.
9. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Where Filament processes personal data on your behalf, our Data Processing Addendum applies and is incorporated into these Terms by reference. The DPA sets out our processor obligations, including security measures, breach notification, data residency, sub-processor management, and AI processing commitments.
We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.
10. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by email or through the Service at least 30 days before the changes take effect. If a material change is not acceptable to you, you may terminate your subscription by giving us notice before the change takes effect, including during a minimum committed term, and we will refund any fees you have paid for the period after termination. Your continued use of the Service after the change takes effect constitutes acceptance of the modified Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may commence legal proceedings in the appropriate court in New South Wales.
12. Confidentiality
Each party may receive information from the other that is confidential. This includes your business data and the analyses produced from it, and our pricing, product plans, security documentation, and policy summaries.
Each party will:
- keep the other’s confidential information confidential;
- use it only as needed to perform this agreement or to use the Service;
- disclose it only to personnel, contractors, and sub-processors who need it and who are bound by equivalent obligations;
- return or destroy it on written request after termination, subject to the retention periods set out in our Data Processing Addendum and to any legal retention obligation.
These obligations do not apply to information that is or becomes public through no breach of this clause, was already known to the recipient free of any obligation of confidence, is independently developed without use of the other party’s confidential information, or must be disclosed by law or by a regulator. Where disclosure is required by law, the disclosing party will notify the other party where it is lawfully able to do so.
These obligations continue for three years after termination, and for as long as the information remains confidential in the case of personal data and trade secrets.
13. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Service;
- Severability: If any provision is found to be unenforceable, the remaining provisions will continue in effect;
- Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term;
- Assignment: You may not assign or transfer these Terms without our prior written consent;
- Force Majeure: Neither party shall be liable for delays or failures due to causes beyond their reasonable control.
Contact Information
Errinundra Pty Ltd t/a Filament (the “Company”)
ABN: 29 680 843 814
Email: team@filamentanalytics.com