Brolly Terms of Service

Published: 27 August 2026 · Revised: 1 September 2026

Effective date: 1 September 2026

These Terms of Service (“Terms”) govern access to and use of the Brolly websites, applications and services. They form a legal agreement between Brolly Australasia Pty Ltd (ABN 66 633 439 577) (“Brolly”, “we”, “us” or “our”) and the person or organisation using the Services (“Customer”, “you” or “your”).

If you use the Services for an organisation, you represent that you have authority to accept these Terms for that organisation. In that case, “Customer”, “you” and “your” refer to the organisation.

By creating an account, starting a trial, accepting an Order, selecting a control that states you agree, or otherwise affirmatively accepting these Terms, you agree to the documents that form the agreement under clause 2. If you do not agree, do not access or use the Services.

1. Definitions

In these Terms:

Authorised User means a person whom Customer permits to use the Services under Customer’s account.

Brolly Materials means the Services, software, websites, documentation, designs, technology and other materials supplied by or on behalf of Brolly, excluding Customer Data.

Customer Data means content, records and other data submitted to the Services by Customer or captured from Connected Services on Customer’s behalf. Customer Data includes associated metadata and media, but excludes Usage Data.

Connected Service means a third-party platform, account, application or service that Customer connects to the Services, including a supported social media platform.

Documentation means Brolly’s then-current user documentation and published technical instructions for the Services.

Order means an order form, statement of work, online subscription selection or other ordering document accepted by Brolly that identifies the Services, subscription period, fees or other commercial terms.

Regional Schedule means the applicable regional provisions in clause 28.

Services means Brolly websites, hosted applications, software and related services made available by Brolly, including applicable Archive, Monitoring, Insights, Protect and integration functionality and any services identified in an Order.

Subscription Period means the period during which Customer is authorised to use the Services under an Order.

Usage Data means technical, diagnostic and service-usage information generated through operation of the Services. Usage Data does not include Customer Data.

2. Agreement structure and precedence

2.1 These Terms apply to Customer’s use of the Services, including free trials and paid subscriptions.

2.2 If Customer and Brolly sign a negotiated master services agreement that governs the same Services, that agreement replaces these Terms for those Services unless it states otherwise.

2.3 The following documents may form part of the agreement:

• an Order;
• the Brolly data processing agreement (“DPA”), available on request;
• the Brolly Service Level Agreement (“SLA”);
• the applicable Regional Schedule;
• these Terms; and
• Documentation expressly incorporated by an Order.

2.4 If there is an inconsistency:

• an Order prevails for the Services and commercial terms it expressly addresses;
• the DPA prevails for processing and protection of personal information;
• the SLA prevails for availability commitments and service credits;
• the Regional Schedule prevails over these Terms for the region it covers; and
• these Terms prevail over general website or Documentation wording.

No document overrides another unless it addresses the same subject matter or expressly identifies the provision it overrides.

2.5 A trial or paid subscription is formed only when Customer affirmatively accepts these Terms through a signup, trial, checkout, Order or equivalent acceptance process. Brolly may retain the accepted version, date and time, accepting user or account, and method of acceptance as evidence of the agreement.

3. Eligibility and authority

3.1 An individual accepting these Terms must be at least 18 years old and legally capable of entering a contract.

3.2 A person accepting these Terms for an organisation represents that they have authority to bind that organisation.

3.3 Customer is responsible for ensuring that its procurement, approval and delegation requirements are satisfied before using paid Services.

3.4 Paid Services are offered for business, professional, institutional and public-sector use, not for personal, family or household use.

4. Access to the Services

4.1 Subject to the agreement and payment of applicable fees, Brolly grants Customer a limited, non-exclusive, non-transferable right during the Subscription Period to access and use the Services for Customer’s internal business or public-sector purposes.

4.2 Customer may permit Authorised Users to use the Services. Customer is responsible for Authorised Users’ use of the Services and compliance with the agreement.

4.3 Customer must keep account and billing information accurate and current.

4.4 Brolly may update the Services from time to time. Brolly will not materially reduce the core functionality of paid Services during a current Subscription Period without reasonable notice, except where a change is required by law, security needs or a Connected Service.

4.5 Content published on a Brolly website is general information, not legal advice, and is not part of the Services purchased by Customer unless an Order expressly incorporates it. Subject to rights that cannot lawfully be excluded, Brolly does not warrant that general website content is complete, current or suitable for Customer’s particular circumstances.

4.6 Links to third-party websites or resources are provided for convenience. They do not imply endorsement or control by Brolly, and the third party’s terms and privacy practices apply to Customer’s use of them.

5. Accounts and security

5.1 Each Authorised User must use their own account credentials. Credentials must not be shared or made available to unauthorised persons.

5.2 Customer is responsible for configuring user access, roles and permissions appropriately.

5.3 Customer must promptly notify Brolly through the Brolly support channel if it becomes aware of unauthorised access, compromised credentials or a security incident affecting its account.

5.4 Brolly may require multi-factor authentication or other reasonable security controls.

6. Connected Services

6.1 Customer may connect only accounts and services that it owns, controls or is authorised to connect.

6.2 Customer authorises Brolly to access Connected Services and process available content and metadata as necessary to provide the Services.

6.3 Customer remains responsible for complying with the terms, policies and permission requirements of each Connected Service.

6.4 Connected Services are controlled by third parties. Their APIs, permissions, content availability and technical behaviour may change, be restricted or become unavailable without Brolly’s control.

6.5 Brolly will use reasonable efforts to maintain supported integrations. If a change to a Connected Service materially affects capture, Brolly will use reasonable efforts to investigate the issue, restore affected functionality where lawfully and reasonably practicable, and provide reasonable updates to affected Customers. Brolly does not guarantee that every type of content, historical item, interaction, edit, deletion, message or metadata field will always be available from a Connected Service.

7. Acceptable use

Customer must not, and must not permit any person to:

• use the Services unlawfully or in a way that infringes another person’s rights;
• connect an account or access content without proper authority;
• use data obtained from a Connected Service to unlawfully track, surveil or profile individuals, or to create profiles of individuals across unrelated accounts, customers, services or locations;
• sell, license or transfer data obtained from a Connected Service to a data broker, advertising network, advertising exchange or other advertising or monetisation service, except where expressly authorised by the Connected Service and permitted by law;
• introduce malware or other harmful code;
• interfere with the operation, integrity or security of the Services;
• attempt to gain unauthorised access to the Services or another customer’s data;
• reverse engineer, decompile or attempt to discover source code, except to the limited extent applicable law does not allow that restriction;
• copy, resell, sublicense or provide the Services to a third party except as an Authorised User or as expressly permitted by an Order;
• use the Services to develop or train a competing product using Brolly’s non-public technology or Documentation;
• circumvent usage, access or security controls; or
• use the Services in a manner that exposes Brolly or another person to material legal, security or operational risk.

8. Customer responsibilities

8.1 Customer is responsible for:

• deciding which accounts, users and content to connect;
• configuring retention, access, export and review settings available to it;
• determining the laws, policies, records authorities and disclosure obligations that apply to Customer;
• reviewing responsive records and applying exemptions before disclosure;
• obtaining any notices, permissions or lawful basis required for Customer’s use of the Services; and
• maintaining reasonable security over Customer-controlled systems and credentials.

8.2 Brolly provides technology for capturing, managing, searching and exporting supported content. Brolly does not provide legal advice and does not determine whether particular content is a legal record, how long it must be retained, whether it must be disclosed or whether an exemption applies.

9. Customer Data

9.1 As between Brolly and Customer, Customer retains its rights in Customer Data. This does not alter the rights of social media users, content creators or other third parties in their content or personal information.

9.2 Customer grants Brolly and subcontractors engaged in accordance with the agreement a limited, non-exclusive right to host, copy, transmit, index, process, display and otherwise use Customer Data only as necessary to:

• provide, secure and support the Services;
• follow Customer’s documented instructions;
• prevent or address fraud, misuse or security threats;
• comply with law; and
• perform other activities expressly permitted by the DPA or an Order.

9.3 Brolly does not sell Customer Data or use Customer Data to advertise to individuals.

9.4 Customer represents that it has the rights and authority necessary for Brolly to process Customer Data as contemplated by the agreement.

9.5 Brolly may remove or restrict access to specific Customer Data if required by law or a binding direction, or if Brolly reasonably believes the data creates an immediate and material security risk. Where legally permitted and reasonably practicable, Brolly will notify Customer first.

10. Privacy and data protection

10.1 Each party must comply with the privacy and data-protection laws applicable to its activities under the agreement.

10.2 The Brolly Privacy Policy explains how Brolly handles personal information as a business operating the website, sales process and user accounts.

10.3 Where Brolly processes personal information in Customer Data on Customer’s behalf, the DPA applies. Customer acts as the organisation determining the purposes and instructions for that processing, except where applicable law provides otherwise.

10.4 Customer must not provide sensitive information to Brolly except where it is necessary for Customer’s authorised use of the Services and permitted by the agreement and applicable law.

11. Usage Data and service improvement

11.1 Brolly may collect and use Usage Data to operate, secure, support, analyse and improve the Services and to meet legal obligations.

11.2 Where an Authorised User interacts with more than one Brolly-controlled website, support property or Service, Brolly may use an account-level identifier, including a user_id, to associate Usage Data across those properties for the purposes in clause 11.1. Brolly will not use that identifier to sell personal information or enable third parties to market their own products to the individual.

11.3 Brolly may create aggregated or de-identified information that does not reasonably identify Customer, an Authorised User or another individual. Brolly may use and disclose that aggregated or de-identified information for lawful business purposes.

11.4 Brolly will not publicly identify Customer, use Customer’s logo or publish a customer story without Customer’s permission.

12. Security

12.1 Brolly will maintain reasonable administrative, physical and technical safeguards designed to protect Customer Data against unauthorised access, use, alteration and disclosure.

12.2 Additional security commitments may be described in the DPA, an Order or Brolly’s current security documentation.

12.3 No internet-connected service is completely secure. Each party must promptly take reasonable steps within its control to contain and mitigate a security incident.

12.4 Brolly will notify Customer of a confirmed security incident affecting Customer Data as required by the DPA and applicable law.

13. Trials and evaluation access

13.1 Unless the signup process or an Order states otherwise, Brolly’s standard trial lasts 30 days and does not require a payment method. Trial functionality and limits are those shown at signup or stated in an Order.

13.2 A trial does not convert to a paid subscription unless Customer places an Order or otherwise affirmatively agrees to paid Services.

13.3 Trial Services may be modified or ended on reasonable notice and are provided without an availability commitment or service credits unless an Order states otherwise.

13.4 Customer should export any required trial data before the trial ends. Brolly may delete trial data after the trial in accordance with its documented retention practices.

14. Fees, taxes and payment

14.1 Customer must pay the fees stated in the applicable Order. Unless the Order states otherwise, subscription fees are invoiced in advance and are due within 30 days of invoice.

14.2 Fees are exclusive of taxes unless the Order or applicable Regional Schedule states otherwise. Customer is responsible for applicable sales, use, value-added, goods and services, withholding and similar taxes, excluding taxes on Brolly’s net income.

14.3 If Customer is required by law to withhold tax, Customer must provide valid supporting documentation and cooperate with Brolly to obtain any available relief.

14.4 Undisputed overdue amounts may accrue interest at the lower of 1% per month and the maximum lawful rate. Brolly may recover reasonable collection costs.

14.5 Customer must notify Brolly of a good-faith invoice dispute before the due date and pay any undisputed portion. The parties will work promptly to resolve the dispute.

14.6 Fees for a committed Subscription Period are non-cancellable and non-refundable except as expressly stated in the agreement or required by law.

14.7 Unless an Order states otherwise, the subscription price agreed when Customer starts paid Services will not increase during the first 12 months of those paid Services. Taxes, Customer-requested plan changes and additional capacity are not price increases for this purpose.

15. Usage limits and plan changes

15.1 An Order may specify record volumes, storage, users, accounts or other usage limits.

15.2 Brolly may monitor usage to administer the plan and maintain the Services.

15.3 If Customer exceeds a limit, Brolly will normally contact Customer to discuss an appropriate plan, additional capacity or operational response. Brolly will not impose additional fees retrospectively unless the Order expressly provides for them.

15.4 Brolly may take reasonable steps to protect the Services where excessive usage creates a material security, performance or cost risk. Where reasonably practicable, Brolly will notify Customer and work to avoid unnecessary interruption to capture.

16. Subscription, renewal and cancellation

16.1 The Subscription Period is stated in the Order.

16.2 Unless the Order states otherwise, a paid subscription renews for a period equal to the expiring Subscription Period unless either party gives at least 30 days’ notice before renewal. For a Subscription Period of 12 months or longer, Brolly will send the primary or billing contact a renewal reminder at least 45 days before renewal. If Brolly sends that reminder late, Customer may cancel the renewal until 15 days after the reminder is sent.

16.3 Customer may cancel renewal through the available account controls or by written notice to Brolly. Cancellation takes effect at the end of the current committed Subscription Period and does not relieve Customer of fees for that period.

16.4 Brolly may change subscription pricing only at renewal and will give at least 45 days’ notice of the change, unless the change results from taxes, a Customer-requested plan change or an agreed Order. A price increase notified fewer than 45 days before renewal takes effect at the following renewal unless Customer agrees otherwise.

17. Service availability and support

17.1 Brolly will provide support as described in the Order and applicable support documentation.

17.2 Unless an Order states otherwise, paid Services are subject to Brolly’s standard commitment of 99.9% monthly Service Availability, measured in accordance with the SLA. Any service-credit remedy is stated exclusively in the SLA or an Order.

17.3 Knowledge-base availability and target support responses are not guarantees unless expressly stated in an Order or the SLA.

18. Intellectual property

18.1 Brolly and its licensors retain all rights in the Brolly Materials. Except for the limited right to use the Services, no rights in the Brolly Materials are transferred to Customer.

18.2 Customer may use Documentation internally in connection with authorised use of the Services.

18.3 If Customer provides feedback or suggestions, Brolly may use them without restriction or payment, provided Brolly does not identify Customer or disclose Customer’s Confidential Information.

18.4 Neither party may use the other party’s name, logo or trade marks publicly without permission, except for accurate internal identification or as required by law.

19. Confidentiality

19.1 Confidential Information means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is Customer’s Confidential Information. Brolly’s non-public technology, security material and pricing are Brolly’s Confidential Information.

19.2 Confidential Information does not include information the Recipient can demonstrate:

• is publicly available without breach of the agreement;
• was lawfully known without restriction before disclosure;
• is received lawfully from another source without confidentiality obligations; or
• is independently developed without use of the Discloser’s Confidential Information.

19.3 The Recipient must:

• use Confidential Information only to exercise rights or perform obligations under the agreement;
• protect it using at least reasonable care; and
• disclose it only to personnel, professional advisers and subcontractors who need it and are bound by confidentiality obligations.

19.4 A Recipient may disclose Confidential Information where required by law. Where legally permitted, it must give the Discloser reasonable prior notice and assistance to seek protective treatment.

19.5 These confidentiality obligations continue for five years after disclosure. Obligations concerning trade secrets and Customer Data continue for as long as the information remains protected as a trade secret or retained by Brolly, respectively.

20. Warranties and disclaimers

20.1 Brolly warrants that during a paid Subscription Period:

• the Services will materially conform to the Documentation;
• Brolly will provide the Services with reasonable care and skill; and
• Brolly has authority to enter the agreement and grant the rights stated in it.

20.2 Customer must notify Brolly of a warranty issue with reasonable detail. Brolly will use reasonable efforts to correct the issue. If Brolly cannot correct a material breach within a reasonable period, Customer may terminate the affected Services and receive a pro-rata refund of prepaid fees for the unused remainder of the affected Subscription Period.

20.3 Subject to clause 20.1 and rights that cannot lawfully be excluded, the Services are provided on an “as available” basis. Brolly does not warrant uninterrupted or error-free operation or that the Services will capture information a Connected Service does not make available.

20.4 Brolly does not warrant that use of the Services by itself satisfies Customer’s legal, regulatory, records-management, discovery or disclosure obligations.

21. Indemnities

21.1 Brolly will defend Customer against a third-party claim that authorised use of the Services infringes that third party’s patent, copyright or registered trade mark, and will pay damages and reasonable costs finally awarded or agreed in settlement by Brolly.

21.2 Brolly has no obligation under clause 21.1 to the extent a claim results from:

• Customer Data or a Connected Service;
• use contrary to the agreement or Documentation;
• modification not made or authorised by Brolly;
• combination with products or services not supplied or approved by Brolly, where the combination causes the claim; or
• continued use after Brolly provides a non-infringing replacement or instructs Customer to stop.

21.3 If a claim under clause 21.1 is likely, Brolly may procure the right to continue the Services, modify or replace the affected part, or terminate it and refund prepaid fees for the unused remainder of the affected Subscription Period.

21.4 Customer will defend Brolly against a third-party claim to the extent it alleges that Customer Data, as supplied by Customer or processed on Customer’s instructions, infringes that third party’s rights or violates law; arises from Customer’s unauthorised connection of a third-party account; or arises from Customer’s unlawful use of the Services. Customer will pay damages and reasonable costs finally awarded or agreed in settlement by Customer. Customer has no obligation under this clause to the extent the claim results from Brolly’s breach of the agreement, negligence or wilful misconduct.

21.5 An indemnified party must promptly notify the indemnifying party, provide reasonable assistance at the indemnifying party’s cost, and allow the indemnifying party to control the defence and settlement. A settlement must not admit fault by or impose a non-monetary obligation on the indemnified party without its consent, not to be unreasonably withheld.

22. Limitation of liability

22.1 To the maximum extent permitted by law, neither party is liable under the agreement for indirect, incidental, special, exemplary or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort or otherwise, even if advised that the loss was possible.

22.2 Subject to clause 22.3, each party’s total aggregate liability arising out of or relating to the agreement will not exceed the fees paid or payable by Customer for the affected Services during the 12 months immediately before the event giving rise to liability.

22.3 Nothing in the agreement excludes or limits liability to the extent it cannot lawfully be excluded or limited, or liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• death or personal injury caused by negligence; or
• Customer’s obligation to pay undisputed fees properly due.

22.4 The limitations apply in aggregate across all claims and Orders governed by these Terms. The parties agree that the fees reflect this allocation of risk.

23. Suspension and termination

23.1 Brolly may suspend affected access where reasonably necessary to:

• address an immediate security threat or material risk to the Services or another customer;
• prevent unlawful use;
• comply with law or a binding direction;
• respond to Customer’s material breach; or
• address undisputed fees that remain unpaid more than 10 days after written notice.

23.2 Brolly will limit a suspension to what is reasonably necessary and, where legally and operationally practicable, notify Customer and provide an opportunity to resolve the issue.

23.3 Either party may terminate an affected Order for material breach if the breach is not cured within 30 days after written notice. If a breach cannot reasonably be cured, termination may be immediate.

23.4 Either party may terminate immediately if the other becomes insolvent, enters liquidation or ceases business, except where prohibited by insolvency law.

23.5 Brolly may terminate a free trial or free service on reasonable notice.

23.6 Termination does not affect accrued rights or amounts already due.

24. Data export and deletion after termination

24.1 During the Subscription Period, Customer may export Customer Data using the standard export functions included in its plan.

24.2 Unless an Order or DPA states otherwise, Brolly will make Customer’s standard export functions available for 90 days after expiration or termination of paid Services. Brolly may use a reasonable alternative delivery method if continued account access would create a material security risk. Brolly is not required to provide access or an export where prohibited by law or a binding direction.

24.3 Standard self-service exports are not subject to an additional fee. Brolly may charge reasonable fees agreed in advance for custom extraction, transformation, media delivery or professional services.

24.4 After the export period, Brolly may delete Customer Data from active systems in accordance with the DPA, Customer’s documented instructions, applicable law and Brolly’s documented deletion cycle. Residual backup copies may remain until overwritten through the ordinary backup cycle and remain protected under the agreement while retained.

24.5 Brolly may retain information where required by law, a valid legal hold or a binding direction. Where legally permitted, Brolly will inform Customer of that retention.

25. Changes to these Terms

25.1 Brolly may update these Terms for future subscriptions and renewals.

25.2 For a current paid Subscription Period, Brolly will give reasonable advance notice of a material change. A material change will take effect at renewal unless it is required earlier by law, security needs or a third-party platform change.

25.3 If a required mid-term change materially reduces Customer’s contractual rights or the core functionality of paid Services and Customer does not agree, Customer may terminate the affected Services by notice within 30 days after the change or Brolly’s notice of it, whichever is later, and receive a pro-rata refund of prepaid fees for the unused remainder of the affected Subscription Period.

26. Notices

26.1 Operational, billing and account notices may be sent to the account contact or displayed in the Services.

26.2 Formal legal notices to Brolly may be sent by email to support@brolly.io with the subject “Legal Notice”, or by prepaid post or courier to: PO Box 356, Caloundra QLD 4551, Australia.

26.3 Formal legal notices to Customer may be sent to the legal, billing or primary account contact identified in the Order or account.

26.4 A notice is received when delivered by hand, when delivery is recorded by courier, three business days after prepaid domestic post, or on the next business day after email if no delivery-failure message is received.

27. General

27.1 Assignment. Neither party may assign the agreement without the other’s consent, not to be unreasonably withheld. Either party may assign it without consent to an affiliate or in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the assignee can perform the obligations and is not a direct competitor of the other party. Brolly will notify Customer of an assignment.

27.2 Subcontractors. Brolly may use subcontractors to provide the Services and remains responsible for their performance to the same extent as if Brolly performed the relevant obligation. Subprocessors are addressed in the DPA.

27.3 Force majeure. Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, excluding payment obligations. The affected party must take reasonable steps to mitigate the effect and resume performance. If a material force-majeure event continues for more than 60 days, either party may terminate the affected Services on written notice. If Customer terminates because the event materially prevents Brolly from providing paid Services, Brolly will refund prepaid fees for the unused remainder of the affected Subscription Period.

27.4 Independent contractors. The parties are independent contractors. The agreement does not create a partnership, joint venture, employment, fiduciary or agency relationship.

27.5 Third-party beneficiaries. The agreement does not give rights to any person other than the parties, except as expressly stated.

27.6 Waiver. A waiver must be in writing and applies only to the specific instance. Delay in exercising a right is not a waiver.

27.7 Severability. If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or severed if modification is not possible. The remaining provisions continue.

27.8 Entire agreement. The documents identified in clause 2 form the entire agreement about the Services and replace prior proposals and representations about the same subject matter. This does not exclude liability for fraud or misleading conduct that cannot lawfully be excluded.

27.9 Electronic contracting. The parties agree that electronic acceptance, signatures, Orders and notices may be used to the extent permitted by law.

27.10 Interpretation. “Including” means “including without limitation.” Headings are for convenience only. A singular word includes the plural and vice versa. A reference to law includes amendments and replacements.

27.11 Survival. Clauses concerning fees, Customer Data, confidentiality, intellectual property, indemnities, liability, data export and deletion, and general interpretation survive as necessary to give them effect.

28. Regional Schedules

The schedule for Customer’s principal business address applies. If no Regional Schedule applies, the Australian schedule applies by default unless an Order states otherwise.

28.1 Australia

1. Contracting entity. The contracting entity is Brolly Australasia Pty Ltd (ABN 66 633 439 577).
2. Currency and GST. Unless an Order states otherwise, fees are in Australian dollars and exclude GST. If a taxable supply is made, Customer must pay the applicable GST in addition to the fees after receiving a valid tax invoice.
3. Australian Consumer Law. Nothing in the agreement excludes, restricts or modifies a guarantee, right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified. Where section 64A of the Australian Consumer Law permits Brolly to limit its liability for failure to comply with a non-excludable guarantee relating to the Services, Brolly’s liability is limited, at Brolly’s option, to resupplying the Services or paying the reasonable cost of having the Services supplied again. This limitation does not apply if it would not be fair or reasonable for Brolly to rely on it.
4. Unfair contract terms. A provision must be interpreted, and if necessary limited, so that it does not impose an unfair term contrary to applicable law.
5. Governing law. The agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

28.2 New Zealand

1. Contracting entity. The contracting entity is Brolly Australasia Pty Ltd (ABN 66 633 439 577).
2. Currency and taxes. Fees and applicable taxes are stated in the Order.
3. Mandatory rights. Nothing in the agreement excludes or limits rights or remedies under New Zealand law that cannot lawfully be excluded or limited.
4. Business-purpose acquisition. If Customer acquires the Services in trade and for business purposes, and both parties are in trade, the parties agree in writing that the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by section 43 of that Act, provided it is fair and reasonable for the parties to be bound by that exclusion. The parties also contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 only to the extent permitted by section 5D of that Act and only where it is fair and reasonable for them to do so.
5. Governing law. The agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them. Mandatory New Zealand law continues to apply where it cannot lawfully be excluded.

28.3 United States

1. Contracting entity. The contracting entity is Brolly Australasia Pty Ltd (ABN 66 633 439 577), unless an Order identifies another Brolly entity.
2. Currency and taxes. Unless an Order states otherwise, fees are in US dollars and exclude applicable sales, use and similar taxes.
3. Government Customers. If Customer is a United States federal, state, local or tribal government entity, provisions concerning indemnity, automatic renewal, governing law, venue, interest, assignment and other matters apply only to the extent permitted by the law governing that Customer. An executed Order may state required government-specific terms and prevails as provided in clause 2.
4. Export controls. Each party must comply with applicable United States and other export-control and sanctions laws. Customer must not use or permit access to the Services in a prohibited country or by a prohibited person, except as authorised by law.
5. Copyright notices. Copyright notices concerning material hosted on a Brolly-controlled website may be sent to support@brolly.io with the subject “Copyright Notice.” A notice should identify the protected work, the allegedly infringing material and its location, the notifier’s contact details, a good-faith statement and a statement of authority and accuracy. Brolly may request further information reasonably required to assess the notice. Nothing in this clause represents that Brolly has registered a DMCA designated agent.
6. Governing law. Unless an Order states otherwise, the agreement is governed by the laws of Victoria, Australia, without regard to conflict-of-laws rules. The parties submit to the non-exclusive jurisdiction stated in the Australian schedule. Mandatory United States law continues to apply where it cannot lawfully be excluded.

Contact

Questions about these Terms may be sent through the Brolly contact page or to support@brolly.io.

Formal legal notices must follow clause 26.