Version 1.0: effective 29 September 2026
1.1 These Terms of Use (Terms) are an agreement between Backable Pty Ltd (ABN 57 646 090 495) (Backable, we, us) and the person or entity that subscribes to or uses The Analyst platform (Platform) (you, Customer).
1.2 The agreement consists of, in order of precedence where they conflict:
1.3 By creating an account, subscribing or using the Platform, you accept these Terms. If you accept on behalf of an organisation, you warrant that you have authority to bind it, and "you" includes that organisation.
1.4 You must be at least 18 years old and using the Platform for business purposes.
1.5 Terms defined in the Disclaimer, including Reports, Connected Systems and User, have the same meaning here. Customer Data and Insights have the meaning given in the Privacy Policy. Fees means the amounts payable for your subscription or for individual Reports. The Platform includes all of its portals and interfaces, including client, advisor and firm administration portals, the Deal Room, related sub-domains, and any mobile or embedded versions.
2.1 You must give accurate registration details and keep them current.
2.2 You may allow your employees and contractors to use the Platform under your account, up to the number of seats in your subscription (Authorised Users). You are responsible for all activity under your account and for your Authorised Users' compliance with these Terms.
2.3 Each Authorised User must have their own login. Credentials must not be shared. You must notify us promptly at support@theanalyst.io of any unauthorised access.
2.4 The Platform offers multi-factor authentication (MFA). If you or an Authorised User disables MFA, or does not enable it where offered, you accept the increased risk of unauthorised access to your account. To the maximum extent permitted by law, and subject to clause 11.1, Backable is not liable for any loss arising from unauthorised access to your account that MFA would reasonably have prevented, except to the extent the loss is caused by a failure of Backable's own systems or security. You indemnify Backable against any third-party claim arising from such access.
3.1 Fees are as shown on our pricing page or order form at the time you subscribe or order. Fees are in Australian dollars and include GST unless stated otherwise.
3.2 Subscriptions are billed in advance for the selected period (monthly or annual) and renew automatically for the same period unless you cancel before the renewal date.
3.3 You authorise us and our payment processors to charge your nominated payment method for all Fees when due. If a payment fails, we may suspend access after giving you 7 days' notice.
3.4 We may change Fees by giving at least 30 days' notice. Changes apply from your next renewal. If you do not accept a change, you may cancel before it takes effect.
3.5 Except as required by the Australian Consumer Law, Fees are non-refundable, including for partly used periods and for Reports already generated. Cancelling stops future renewals; access continues until the end of the paid period.
3.6 Usage limits (such as Report volumes, interview minutes or Connected System counts) apply as described for your plan. Usage beyond those limits may be charged at the rates then published.
4.1 You must use the Platform only for lawful business purposes and in accordance with these Terms and the Disclaimer.
4.2 You must not, and must not allow anyone else to:
5.1 You retain ownership of your Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display it as needed to provide, secure and support the Services, and to use it as described in the Privacy Policy.
5.2 You warrant that you have all rights, authorities and consents needed to supply the Customer Data and to authorise every Connected System, as set out in clause 7.6 of the Disclaimer. By uploading or supplying any material, you confirm that you have permission to do so, including under any confidentiality agreement. We do not verify this, and you are solely responsible for any failure to obtain it, including under clause 12.
5.3 Client-level model tuning on your Customer Data is used only for your account. We will use de-identified data to train Backable's own models only as set out in the Privacy Policy, including its notice and opt-out.
5.4 You are responsible for the accuracy, completeness and currency of Customer Data and for reviewing the figures and classifications the Platform derives from it.
5.5 You are responsible for keeping your own copies of Customer Data and Reports. The Platform is not a records-management or back-up service.
6.1 When you connect a third-party system, you authorise us to access and retrieve data from it for the purposes of the Services. Your use of that system is governed by your agreement with its provider.
6.2 You may disconnect a Connected System at any time. Disconnection stops future retrieval but does not delete data already retrieved, which is retained under the Privacy Policy.
6.3 Before inviting anyone to take part in an interview, meeting or questionnaire, you must tell them how their information will be used and obtain their informed consent to any recording, transcription and processing, and comply with applicable recording, surveillance and privacy laws, as set out in clause 11 of the Disclaimer.
7.1 Reports and Insights are subject to the Disclaimer, which forms part of these Terms. In particular, Reports and Insights are opinions and estimates only, may be inaccurate, and must be reviewed by a human before being relied upon. They are not financial product advice, credit assistance, tax agent services, legal advice, or medical or health advice, and you should obtain advice from an appropriately qualified professional before acting on them.
7.2 Subject to payment of Fees, you may use Reports for your internal business purposes and, if you are a professional user, in services you provide to your clients, in accordance with clause 8 of the Disclaimer.
7.3 If you provide a Report to anyone else, you must provide the Disclaimer with it and must not remove or alter any disclaimer, attribution or notice in the Report.
8.1 Backable owns all intellectual property in the Platform, including its models, prompts, algorithms, frameworks, methodologies, templates and scoring systems, and in any improvements to them.
8.2 Feedback you give us may be used freely without obligation to you.
8.3 No rights are granted to you except those expressly set out in these Terms.
9.1 Each party must keep the other's confidential information confidential and use it only for the purposes of this agreement. Your Customer Data and Reports are your confidential information. The Platform's non-public features, methodologies and pricing are ours.
9.2 This obligation does not apply to information that is public through no breach, independently developed, lawfully received from a third party, or required to be disclosed by law.
9.3 We handle personal information in accordance with the Privacy Policy. Where you supply personal information of others, you must comply with the Privacy Act and any other applicable privacy law.
10.1 We aim to keep the Platform available but do not guarantee uninterrupted or error-free access. We may carry out scheduled and emergency maintenance.
10.2 We may change, add or withdraw features, engines, integrations and models at any time, as described in clause 17 of the Disclaimer. If we withdraw a feature that is material to your paid plan, you may cancel and receive a pro-rata refund of prepaid Fees for the unused period.
11.1 Nothing in these Terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Clause 15 of the Disclaimer applies.
11.2 The exclusions and limitations in clauses 14 and 16 of the Disclaimer apply to all claims under or in connection with these Terms, the Platform and Reports.
11.3 For the purpose of the cap in clause 16 of the Disclaimer, where a Report is not separately priced, the Fees paid for it are the Fees you paid for the billing period in which the Report was generated.
11.4 Clauses 11.2 and 11.3 do not limit your liability for Fees, for breach of clauses 4, 8 or 9, or under clause 12.
You indemnify Backable against any loss, claim or cost (including reasonable legal costs) arising from:
13.1 You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current paid period.
13.2 We may suspend or terminate your access immediately by notice if you materially breach these Terms and, where the breach can be remedied, fail to remedy it within 14 days of notice; if you breach clause 4; or if required by law.
13.3 We may terminate for convenience by giving 30 days' notice and refunding prepaid Fees for the unused period.
13.4 On termination, your access ends. Customer Data and Reports are then retained and deleted as set out in the Privacy Policy. You may request an export of your Reports before the end of your final paid period.
13.5 Clauses 5.1 (as needed for retention), 7.3, 8, 9, 11, 12, 13.4 and 14 survive termination.
14.1 Changes to these Terms. We may amend these Terms by publishing an updated version and giving at least 30 days' notice by email or in-app notification. Continued use after the effective date is acceptance. If you do not accept a change, you may cancel before it takes effect and receive a pro-rata refund of prepaid Fees for the unused period.
14.2 Notices. We may give notices by email to your account address or in-app. You may give notices to legal@theanalyst.io.
14.3 Assignment. You may not assign these Terms without our consent. We may assign them to a related body corporate or to a successor to our business on notice to you.
14.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than an obligation to pay Fees.
14.5 Entire agreement. The documents in clause 1.2 are the entire agreement between the parties about their subject matter.
14.6 Severability and waiver. Clause 19 of the Disclaimer applies to these Terms. A failure to enforce a right is not a waiver of it.
14.7 Governing law. These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
Backable Pty Ltd (ABN 57 646 090 495)