Version 2.2 · Applies to new accounts from 22 June 2026 · Applies to existing accounts from 23 July 2026 · Supersedes the version dated 1 June 2026

Key things you should know (plain-language summary)

This summary is for transparency and convenience. It does not replace the full Terms below.

We offer two separate products, and these Terms are structured to match:

The HtAG SaaS Platform — our subscription service (dashboards, reports, data, and the online community) at htag.com.au and mastermind.htag.com.au. Governed by Part A (general) + Part B (subscription).
The HtAG Developer Portal & API — a separate product at developer.htagai.com with no subscription: you pay per row of data you fetch. Governed by Part A (general) + Part C (API).

Part A applies to everyone. Part B applies only if you subscribe to the SaaS Platform. Part C applies only if you use the Developer Portal/API. If you use both, the relevant Parts apply to each.

Other key points:

Subscriptions auto-renew until you cancel; you can cancel any time, keep access to the end of your paid period, and we never charge a cancellation fee (Part B).
The API is pay-as-you-go — billed on the number of data rows returned, with no minimum term or auto-renewing subscription (Part C).
Refunds: outside your Australian Consumer Law rights, fees are generally non-refundable for change of mind or non-use (Part B).
Automated access / scraping is prohibited across both products. If you breach this, we may suspend access and recover our investigation costs and the value of the data taken, and seek a court order (clause 9). Please read clause 9 in full.
Using our data — this depends on the product: SaaS Platform data is for your own use or for advising your own clients, and may not be resold or used to build a competing product (clause 22). API data is different — because you pay per row, you may resell it and build your own products (including ones that compete with us), as long as you display HtAG Developer Portal attribution and pass that attribution on to anyone you share it with (clauses 35 and 39). For both products, you may not reverse-engineer HtAG’s underlying methodology or models (clause 7).
Changes to these Terms: we give advance notice of material changes (at least 30 days for important or cost-related ones), you can cancel before they take effect, and for important changes we may ask you to actively accept them (clause 3).

PART A — GENERAL TERMS (apply to all use of HtAG Analytics)

1. Introduction and our two products

(a) These Terms and Conditions (“Terms”) govern your access to and use of HtAG Analytics products, services, subscriptions, websites, and digital content (together, the “Services”). By using any of the Services, you agree to be bound by these Terms. If you do not accept them, do not use the Services.

(b) We provide two distinct products:

(i) the SaaS Platform — a subscription service providing dashboards, reports, data, and the online community, available at https://www.htag.com.au and https://mastermind.htag.com.au; and

(ii) the Developer Portal and API — a separate, usage-based product available at https://developer.htagai.com, which is not a subscription: you pay per row of data returned to you.

(c) How these Terms are structured: Part A applies to all use of the Services. Part B applies only to your use of the SaaS Platform. Part C applies only to your use of the Developer Portal and API. If a Part B and a Part C provision conflict, each applies to its own product. If a product-specific provision (Part B or C) conflicts with a general provision (Part A), the product-specific provision prevails for that product.

2. Definitions

HtAG Analytics, we, our means HTAG ANALYTICS PTY LTD (ACN 622 716 492), trading as HtAG Analytics, 66 Clarence Street, Sydney NSW 2000, Australia.

User/you/your means any individual or business, within Australia, who uses any of the Services.

Services means, collectively, the SaaS Platform and the API Services. SaaS Platform means our subscription-based products, including dashboards, reports, data, and digital content, available at https://www.htag.com.au, together with the Community. Access to the SaaS Platform is by Subscription and is governed by Parts A and B.

Subscription means your paid, auto-renewing access arrangement to the SaaS Platform. The Developer Portal and API are not a Subscription.

Community means the HtAG online community at https://mastermind.htag.com.au.

Developer Portal means the developer-facing platform at https://developer.htagai.com (and any successor URL), through which you access the API, manage API Keys, view usage, and configure billing.

API means the application programming interface made available through the Developer Portal, enabling programmatic access to HtAG data and services. API Services means access to and retrieval of API Data via the Developer Portal on a pay-per-row basis, governed by Parts A and C.

API Key means the unique credential issued to you upon registration for the Developer Portal, used to authenticate your API requests.

API Data means any data, metrics, scores, estimates, indices, trends, or other information returned by the API in response to your queries.

Application means any software, website, mobile app, dashboard, report, printed publication, or other product or service that you build, operate, or distribute that incorporates, displays, or is derived from API Data.

Products means all digital content, reports, data, and other materials provided by HtAG Analytics through either product.

Privacy Policy means our privacy policy at https://www.htag.com.au/privacy-policy/, incorporated into these Terms by reference.

Published API Rates means HtAG Analytics’ commercial API and data pricing published at https://developer.htagai.com/pricing (and any successor URL), as in effect from time to time.

3. Acceptance and Changes to Terms

(a) You agree to these Terms by accessing or using any part of the Services.

(b) We may update these Terms from time to time for operational, technical, legal, regulatory, or commercial reasons. When we do, we will assign the updated Terms a version number and effective date.

(c) Notice of changes. Before any material change to these Terms takes effect, we will give you reasonable advance notice by email to the address associated with your account and by posting the updated Terms on our website. The notice period will be not less than 14 days for material changes generally, and not less than 30 days where a change is onerous, materially increases your obligations, or introduces or increases a financial liability (including any change to clause 9). For onerous or financial changes, our notice will specifically and prominently draw your attention to the relevant change in plain language. Minor, administrative, or non-material changes (and changes we are required to make by law) may take effect on shorter or no advance notice.

(d) Your right to cancel before changes take effect. If you do not agree to a material change, you may cancel your Subscription before the change’s effective date. Your cancellation takes effect at the end of your current paid billing period (clause 26), you retain access until then, and the change will not apply to you for the remainder of that period. If you use the API only, you may stop using the API at any time; the change will not apply to API usage you incur after you stop.

(e) Acceptance of changes. If you continue to access or use the Services on or after the effective date of a change, after we have given notice in accordance with clause 3(c), you accept the updated Terms.

(f) Version history. We assign each version of these Terms a version number and effective date and maintain a version history, which we will make available on request. We recommend you keep your contact details current (clause 19) so that you receive notices.

(g) Active acceptance of onerous terms. For changes that are onerous or that introduce or increase a financial liability (including clause 9), we may require you to actively accept the updated Terms — for example, by ticking an acceptance box or clicking to confirm at login — before, or as a condition of, your continued access to the Services. Where we present such an acceptance step, completing it constitutes your acceptance of the updated Terms, and we will record the version accepted and the date and time of acceptance. We may introduce active acceptance progressively; until it applies to your account, clauses 3(c)–(e) govern.

4. Eligibility and Accounts

(a) The Services are available only to persons aged 18 or over, or duly authorised representatives of businesses.

(b) SaaS Platform accounts are for a single individual; sharing of login or account credentials is strictly prohibited. API Key registration and security are dealt with in clause 36.

(c) You agree to use a strong, unique password and to notify us promptly of any actual or suspected security breach affecting your account or credentials.

5. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (ACL) or other applicable law that cannot lawfully be excluded, restricted or modified. Where the ACL applies and a right or remedy under it conflicts with any other provision of these Terms, the ACL prevails to the extent of the inconsistency. To the extent any provision of these Terms would, but for this clause, be void, unenforceable, or an unfair contract term, that provision is to be read down to the minimum extent necessary so that it is valid and enforceable, and otherwise severed under clause 18.

6. Intellectual Property

All intellectual property rights (including copyright, trademarks, and database rights) in the Services and Products are and remain the exclusive property of HtAG Analytics or its licensors. Any licence we grant you (under clause 22 or clause 35) grants no ownership.

7. Reverse Engineering and Methodology (both products)

This clause applies to both products — the SaaS Platform and the API.

(a) Whether you access HtAG data via the SaaS Platform or the API, you must not reverse engineer, decompile, or attempt to reconstruct, derive, or replicate the underlying methodology, models, scoring logic, indices, ranking processes, or analytical frameworks used by HtAG Analytics, except to the extent this restriction is prohibited by law.

(b) This clause protects HtAG Analytics’ methodology and models — not the data records themselves. Your rights to use, share, resell, or build on HtAG data differ between the two products and are set out in clause 22 (SaaS Platform) and clause 35 (API). Nothing in clause 22 or clause 35 permits you to reverse-engineer HtAG’s methodology or models in breach of this clause.

8. Prohibited Conduct (general)

In using any of the Services, you agree NOT to:

Share your account or login details with any person or entity, or use anyone else’s account or attempt to breach security;
Copy, scrape, extract, reverse-engineer, or harvest data from the Services by manual or automated means, except as expressly permitted in these Terms (see clauses 7, 9, 22 and 35);
Post or transmit misleading, defamatory, obscene, offensive, or unlawful material to the Community;
Interfere with others’ access to or enjoyment of the Services;
Misrepresent the source, origin, or provenance of HtAG data, or present it as your own proprietary data;
Use the Services or any HtAG data for any unlawful purpose, or in any manner that could reasonably bring HtAG Analytics into disrepute.

Additional conduct rules specific to the API are set out in clause 38. A breach may result in suspension or termination of your access and/or the remedies set out in clause 9.

9. Data Harvesting and Automated Access

(a) Prohibition on data harvesting. You must not, through any means (whether manual, automated, or assisted by any third-party tool, agent, or service), access, copy, scrape, extract, mine, harvest, or attempt to harvest any data or content made available via the platform dashboards or any other part of the Services (including charts, tables, heatmaps, reports, exports, API responses, and underlying data), except as expressly permitted in these Terms or authorised in writing by HtAG Analytics.

For the avoidance of doubt, this prohibition extends to the use of any AI browser agent, AI coding assistant, automation framework, headless browser, browser extension with automation or data-extraction capabilities, programmatic browser tool, scraping library, or any other tool or service that performs automated or assisted access, extraction, or transformation of HtAG data on your behalf — including (without limitation) tools such as Claude in Chrome, Claude Code, ChatGPT Atlas, Operator, Comet, Manus, Puppeteer, Playwright, Selenium, and any current or future equivalent. The prohibition applies regardless of whether the tool is used by an individual, an organisation, or a third party acting on your behalf, and regardless of whether you understand its technical operation.

You are responsible for activity carried out under your account, including activity initiated, authorised, or made possible by any tool, extension, agent, or third-party service you have installed, configured, granted access to, or instructed.

(b) API access exception. Clause 9(a) does not prohibit access to HtAG data via the API using a valid API Key, in accordance with the API documentation, on the pay-per-row basis described in Part C. API Data that you retrieve through properly metered and billed API calls is authorised use, regardless of volume, and is not “data harvesting” — even where you retrieve a large quantity of data or the rights in clause 35 permit you to redistribute or resell it. What is prohibited, and treated as data harvesting under clause 9(a), is attempting to circumvent, disable, or bypass the API’s metering, rate limits, or usage controls, or otherwise obtaining HtAG data without it being properly metered and billed (including by scraping the SaaS Platform).

(c) Detection. HtAG Analytics deploys automated and manual processes to detect unauthorised data harvesting, including scraping, mass copying, and abnormal access patterns.

(d) Consequences of breach. If HtAG Analytics reasonably believes, on the basis of technical and access logs, that you (or someone using your account or device) have engaged in or attempted unauthorised data harvesting, we may:

(i) immediately suspend or terminate your account and access to the Services;

(ii) seek an injunction or other equitable relief to prevent continuing or threatened breaches; and

(iii) recover from you, as damages or on a restitutionary basis (as assessed), the amount described in clause 9(e), together with any other remedy available at law or in equity.

(e) Measure of recovery. The amount recoverable under clause 9(d)(iii) is, as assessed and as appropriate to the circumstances, either:

(i) the actual loss HtAG Analytics suffers as a result of the unauthorised access; or

(ii) the value of the benefit obtained by the unauthorised access, assessed on a restitutionary basis,

together with HtAG Analytics’ reasonable and documented costs of detecting, investigating, and responding to the breach (including technical, administrative, and legal costs). Where the value of the benefit obtained falls to be assessed, the parties agree that a reasonable reference point is the licence fees that would have been payable for sanctioned access to the same data under the Published API Rates in effect at the time of the breach. These amounts are compensatory or restitutionary in nature, reflect HtAG Analytics’ genuine loss or the value the breaching party actually obtained, and are not a penalty. We do not treat any amount as a debt due and payable merely on the basis of our own determination; the amount is subject to assessment and to clause 9(f).

(f) Process before recovery. Before commencing recovery, we will give you a written summary of the basis for the amount claimed, including the relevant logs or other evidence relied on and the calculation. You will have a reasonable opportunity — not less than 14 days — to respond and to provide information relevant to the assessment, which we will consider in good faith.

(g) Consumer rights preserved. Nothing in this clause limits or excludes any right or remedy you have under the Australian Consumer Law (clause 5).

10. Data Security and Privacy

(a) You must maintain strong, unique passwords and promptly notify us of any security breach or unauthorised use.

(b) Our collection, use, and disclosure of personal information is governed by our Privacy Policy at https://www.htag.com.au/privacy-policy/. By using the Services, you acknowledge our Privacy Policy.

11. Support, Maintenance and Availability

Standard support is available during business hours with a target response time of up to 24 hours. We aim to provide uninterrupted service but, subject to clause 5, offer no guarantee of continued, error-free, or secure access. Maintenance may be scheduled with notice where reasonably practicable.

12. Limitation of Liability

To the extent permitted by law and subject to clause 5:

For services or goods covered by a consumer guarantee under the ACL, our liability for failure to comply with that guarantee is limited, at our option, to (in the case of services) resupplying the services or paying the cost of resupply, and (in the case of goods) replacing the goods or paying the cost of replacement — except where it is not fair or reasonable for us to rely on this limitation.
Otherwise, our total aggregate liability to you in connection with the Services is limited to the amount you paid to us (whether in subscription fees or API usage fees) in the 12 months preceding the event giving rise to the liability.
We exclude liability for indirect, consequential, special, or exemplary damages (including data loss, business interruption, or loss of profits), whether in contract, tort, statute, or otherwise.

13. Indemnity

You indemnify HtAG Analytics, its officers, employees, and agents against claims, damages, losses, liabilities, and reasonable expenses brought by a third party to the extent they arise from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights. This indemnity is reduced proportionately to the extent any loss is caused or contributed to by HtAG Analytics’ own act, omission, or breach, and does not apply to liability that cannot lawfully be the subject of an indemnity. Your obligation to indemnify is subject to clause 5.

14. Termination and Suspension (general)

We may terminate or suspend your access to all or any part of the Services if you breach these Terms or applicable laws, or for operational or security reasons. Except where immediate action is reasonably necessary (including suspected data harvesting under clause 9, security threats, or unlawful conduct), we will give you reasonable notice and, where the breach is capable of remedy, a reasonable opportunity to remedy it. Upon termination, all licences granted to you cease. Termination of API access is also dealt with in clause 41.

15. Force Majeure

We will not be liable for delay or failure in performance resulting from acts beyond our reasonable control, including natural disasters, government acts, war, strikes, or technical failures. This clause does not limit your rights under clause 5.

16. Marketing Communications

By registering, you consent to receive service communications and regular marketing communications from HtAG Analytics. You may opt out of marketing at any time using the unsubscribe instructions in each communication or by contacting us. We may continue to send you non-marketing service and account communications (including notices under clause 3).

17. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in this clause prevents you from bringing proceedings, or limits any right you have to seek a remedy, in another court of competent jurisdiction where the law does not permit exclusive jurisdiction to be imposed.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable (including as an unfair contract term), that provision is to be read down to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed, and the remaining provisions continue in force.

19. Notices

We may provide notices by email, posting on our website, or via your account dashboard. You are responsible for keeping your contact details current. Notices about material or onerous changes to these Terms will be given in accordance with clause 3(c).

20. Contacting Us

Please contact us regarding any matter relating to these Terms via our contact form, or by email to the address published on our website.

PART B — HtAG SaaS PLATFORM (SUBSCRIPTION)

Part B applies only to your use of the SaaS Platform at htag.com.au and mastermind.htag.com.au. It does not apply to the Developer Portal or API (see Part C).

21. Application of Part B

This Part applies to your Subscription to the SaaS Platform. It is in addition to Part A. The subscription, billing, renewal, and cancellation provisions in this Part do not apply to the API Services, which are not a subscription and are billed on a pay-per-row basis under Part C.

22. Your SaaS Licence (Permitted Use)

(a) What you may do. Upon payment, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the SaaS Platform and its digital products for: (i) your own personal use or internal business use; and (ii) advising your own clients, including by incorporating outputs into individual client-facing reports you prepare in the ordinary course of your business, provided you display proper attribution and do not on-sell our data as a data product.

(b) What you may not do. Except as permitted by law or by written agreement with HtAG Analytics, you must not:

(i) sell, transfer, sublicense, redistribute, or commercially exploit the Products, reports, data, or content of the SaaS Platform as a standalone dataset, data feed, or data product to any third party; or

(ii) use the SaaS Platform, its Products, or its data to develop, train, or operate a product or service that competes with the Services, or to create a substitute or competing dataset, analytics tool, index, scoring system, or valuation tool. For this clause, a product or service “competes with the Services” if it is offered to third parties (whether for a fee or free of charge) and provides property data, analytics, scores, estimates, or indices that are substantially similar to, and a market substitute for, the Services.

(c) Note on the API. The restrictions in clause 22(b) apply to data and content obtained through the SaaS Platform. Different, more permissive rights apply to data obtained through the API — see clause 35. The reverse-engineering restriction in clause 7 applies to both. This clause 22 survives termination or expiry of these Terms.

23. Nature of Subscription

(a) When you start a Subscription, you are purchasing an automatically renewing subscription. By joining, you expressly acknowledge and agree that:

your Subscription will auto-renew by default at the end of each billing period (e.g. quarterly); and
we will continue to charge your nominated payment method for each renewal until you cancel your Subscription in accordance with these Terms.

(b) Each subscription term is for a minimum of one quarter (except for the Starter plan, which is monthly). We do not offer free trials unless expressly stated otherwise in writing.

24. Billing and Payment Authorisation

(a) Subscription fees are payable in advance for each billing period. By starting a Subscription and providing a payment method, you:

authorise us (and our payment processors) to charge the applicable subscription fee (and any applicable taxes) to your nominated payment method on a recurring basis; and
confirm that you are authorised to use the payment method provided.

(b) You are responsible for ensuring that your payment and contact details remain current and accurate. If a payment fails, we may suspend or terminate your access to the SaaS Platform until payment is successfully processed.

25. Managing and Cancelling Your Subscription

(a) You are responsible for managing your Subscription, including monitoring renewal dates and charges, and cancelling if you no longer wish to be billed.

(b) You may cancel your Subscription at any time through your account dashboard or billing/subscription settings. If you are unable to access your dashboard, you may also cancel by contacting us using the details in clause 20, and we will action your request within a reasonable time. We do not charge a fee to cancel.

(c) As a courtesy, we send a renewal reminder email to the address associated with your account approximately 3 days before each renewal. While we are not contractually obliged to ensure delivery, and non-receipt does not by itself pause billing or entitle you to a refund, this does not limit any rights you have under the Australian Consumer Law (clause 5).

26. Effective Date of Cancellation

(a) Cancellations take effect at the end of the current paid billing period. You will continue to have access until that date.

(b) Subject to clause 5 (Australian Consumer Law), we do not provide pro-rata refunds for the unused portion of a billing period following cancellation, except where required by law or where cancellation is made under clause 3(d).

27. Refunds

(a) Your Australian Consumer Law rights always apply. Nothing in this clause limits any right you have under the Australian Consumer Law, including the right to a refund or other remedy where a consumer guarantee is not met (see clause 5).

(b) Subject to clause 27(a), and because access is made available to you for each paid billing period, subscription fees and one-off digital product purchases are otherwise non-refundable for change of mind or where you have simply not used the SaaS Platform or forgot to cancel the subscription before it auto-renews. We may consider individual circumstances reasonably and on their merits.

28. Digital Products and One-Off Purchases

For digital Products sold as one-off purchases (e.g. reports or datasets) through the SaaS Platform, delivery is deemed to occur when access is first made available (e.g. by download link, login access, or email). Subject always to clause 5, we do not provide refunds on digital Products once access has been provided, except as required by law.

29. Unauthorised Transactions

If you believe there has been an unauthorised transaction on your payment method, contact your bank or payment provider immediately and notify us as soon as possible.

30. Pricing and Legacy Rates

(a) We may change subscription pricing from time to time. Any price change will apply from the start of your next billing period, and we will notify you by email or via your account before it takes effect.

(b) If you are on a discounted, promotional, grandfathered, “legacy” or other historical pricing plan, that rate is only valid while your Subscription remains continuous, active and in good standing.

(c) If your Subscription is cancelled by you, or lapses due to non-payment, chargeback, or failed renewal, any historical, discounted or legacy rate attached to that Subscription is forfeited. However, where a Subscription lapses due to a failed payment or expired card, we will give you a grace period of at least 7 days to update your payment details and reinstate the Subscription on its existing rate before the legacy rate is forfeited.

(d) If you later re-subscribe after a cancellation or lapse, you will be charged at the then-current standard rate, unless we expressly agree in writing to honour a different rate.

31. Upgrades, Downgrades and Plan Changes

(a) When you upgrade or downgrade, your existing plan is terminated and replaced by the new plan.

(b) Any remaining unused time, credits or prepaid balance will be applied as a pro-rata credit toward your new plan where applicable.

(c) If your previous plan was at a discounted, promotional or legacy rate, that rate and term are forfeited upon change. Clauses 30(b)–(d) apply.

(d) The terms of any plan change are displayed in the user interface at the time of the change. By confirming, you acknowledge you have reviewed and accepted those terms.

(e) If you later cancel the new plan and wish to return to a lower-tier plan, you may do so by starting a new subscription at the then-current standard rate. You will not automatically revert to your previous plan or pricing.

32. Changes to SaaS Features and Content

(a) You acknowledge that the SaaS Platform is dynamic and may evolve. To protect the integrity, performance, and fair use of the Platform for all subscribers, and for operational, technical, legal, or commercial reasons, we may at any time (acting reasonably):

(i) add, modify, limit, suspend, or remove any feature, functionality, tool, dataset, report, content, usage tier, or capability; (ii) introduce or amend usage limits or fair use parameters (including limits on volume of queries, data retrieval, or concurrent sessions); and (iii) vary how and when particular features or content are made available.

(b) Your Subscription entitles you to access the SaaS Platform as made available from time to time, and does not guarantee the ongoing availability of any particular feature, dataset, report, or capability.

(c) Subject always to clause 5, you are not entitled to a refund, credit, or other compensation solely because a feature, dataset, or component has been added, modified, reduced, or removed, unless the change, assessed objectively, is material and adverse and substantially reduces the core value of the SaaS Platform you have paid for (and not merely the value for your particular use case). Where it does, you may cancel under clause 3(d) and receive a pro-rata refund for the unused portion of your current billing period. Any dispute about whether a change meets this threshold may be raised with us and, failing resolution, dealt with under clause 17.

(d) Where a change is material and adverse, we will use reasonable efforts to provide advance notice by email, our website, or your account dashboard. We are not required to give advance notice of every minor change.

33. Online Community (mastermind.htag.com.au)

In using the Community, you must:

Communicate respectfully and constructively with all participants;
Not post, share, or distribute any unlawful, defamatory, infringing, obscene, or offensive material;
Not solicit, advertise, or promote external businesses, products, or services without written consent;
Follow any additional community guidelines posted within the forum.

We reserve the right to moderate, remove content, or suspend/ban users for breaches, acting reasonably.

PART C — HtAG DEVELOPER PORTAL & API (PAY-PER-ROW)

Part C applies only to your use of the Developer Portal and API at developer.htagai.com. The API is a separate product and is not a subscription.

34. Application of Part C; No Subscription

(a) This Part applies to your access to and use of the Developer Portal and API. It is in addition to Part A.

(b) The API is not a subscription. There is no subscription fee, minimum term, or automatic renewal. You pay only for what you use, calculated per row of data returned (clause 37). The subscription, renewal, and cancellation provisions in Part B do not apply to the API. You may stop using the API at any time; charges accrue only for usage you actually incur.

35. Your API Licence

(a) Access licence. We grant you a non-exclusive, non-transferable, revocable licence to access the API using your API Key(s) and retrieve API Data in accordance with the API documentation and any applicable usage limits.

(b) Broad rights in the API Data you pay for. Subject to your compliance with clause 39 (attribution) and clause 7 (methodology), and provided your API usage fees are paid, we grant you a non-exclusive, sublicensable licence to use, display, incorporate, cache, redistribute, resell, and otherwise commercially exploit the API Data you retrieve, including:

(i) incorporating API Data into your Application(s) and products;

(ii) on-selling or redistributing API Data to third parties, whether as part of an Application or as a data product; and

(iii) using API Data to develop, train, or operate products or services, including products or services that compete with HtAG Analytics.

(c) Conditions. The rights in clause 35(b) are conditional on: (i) your compliance with the attribution requirements in clause 39, including the pass-through attribution in clause 39(h) for any API Data you redistribute or on-sell; (ii) your compliance with clause 7 (you may build on and resell the data, but you must not reverse-engineer or replicate HtAG’s methodology or models); and (iii) your account remaining in good standing. We may suspend these rights while API usage fees are overdue (clause 37(e)).

(d) Caching. Where you cache API Data for operational purposes, you should refresh it at intervals no longer than those specified in the API documentation or, where none is specified, at least monthly, so that data presented to end users remains reasonably current.

36. API Keys: Registration and Security

(a) You are responsible for the security and confidentiality of your API Key(s). You must: store them securely and never expose them in client-side code, public repositories, browser-accessible locations, or any other publicly accessible environment; rotate them immediately if you suspect compromise; and notify us promptly at [email protected] of any unauthorised use.

(b) Subject to clause 5, you are liable for all API calls made using your API Key(s), whether or not authorised by you, except to the extent any unauthorised use results from our act or omission. We are not responsible for loss arising from a compromise of your API Key(s) that resulted from your failure to secure them.

37. API Billing (Pay-Per-Row)

(a) API usage is metered and billed on a pay-per-row basis — that is, on the number of data rows returned by the API in response to your queries during each billing period, not the number of API calls made. The per-row pricing for each endpoint (or endpoint tier) is set out in the Published API Rates at https://developer.htagai.com/pricing, as updated from time to time. There is no subscription or minimum spend.

(b) You must configure a valid payment method in the Developer Portal before making API calls to paid endpoints.

(c) You are responsible for all usage associated with your API Key(s). We provide usage visibility in the Developer Portal; we recommend you monitor your usage.

(d) We may change the Published API Rates from time to time. A change to per-row pricing will be notified in accordance with clause 3 and will apply only to usage incurred on or after the change’s effective date.

(e) If your API usage fees remain unpaid for more than 7 days past the due date, we may suspend or revoke your API Key(s) and Developer Portal access on reasonable notice.

38. API-Specific Prohibited Conduct

In addition to clause 8, you must not:

Exceed or attempt to circumvent any rate limits, usage caps, or access restrictions applied to your API Key(s);
Share, publish, or transfer your API Key(s) to any third party, or embed API Key(s) in client-side code, public repositories, or any location where they may be exposed;
Use the API in a manner that places unreasonable or disproportionate load on our infrastructure, including automated bulk querying beyond documented limits;
Circumvent, disable, or attempt to bypass the API’s metering, rate limits, or usage controls, or otherwise obtain API Data without it being properly metered and billed (see clause 9(b));
Strip, obscure, or fail to display the attribution required under clause 39.

39. Data Attribution Requirements

(a) Mandatory attribution. Whenever API Data is displayed, published, distributed, or otherwise made available in any Application — whether in a web interface, mobile app, desktop application, printed report, presentation, marketing material, social media post, academic paper, or other medium — you must include a clear and reasonably prominent attribution to HtAG Analytics as the data source.

(b) Required format. Unless we agree otherwise in writing, the attribution must read “Data sourced from HtAG Analytics” or “Powered by HtAG Analytics”, and must include, where the medium supports it, a hyperlink to https://developer.htagai.com.

(c) Placement. The attribution must be (i) in the same view, page, or section where the API Data is displayed; (ii) in a font size, colour, and contrast that is legible and not materially less prominent than surrounding content; and (iii) for printed materials, on the same page or spread as the data it relates to.

(d) Upstream attribution. Where API Data incorporates third-party data requiring its own attribution (e.g. ABS data under CC BY 4.0, or Geoscape Australia GNAF data), you must also include the applicable third-party attribution as specified in the API documentation.

(e) No implied endorsement. Attribution does not imply HtAG Analytics endorses or is affiliated with your Application. You must not use our name, logo, or trademarks to suggest endorsement or partnership without our prior written consent.

(f) Audit and enforcement. We may review any Application that uses API Data to verify compliance. If we determine (acting reasonably) that an Application does not meet these requirements, we will notify you and provide a reasonable period (not less than 14 days) to remedy. If not remedied, we may suspend or revoke your API Key(s) and Developer Portal access.

(g) Survival. The attribution obligations survive termination or expiry and continue while API Data (or derived content) remains publicly available in your Application.

(h) Pass-through attribution on redistributed or on-sold data. Where you redistribute, resell, or otherwise make API Data available to third parties (as permitted under clause 35), you must ensure that the attribution required by this clause — including the statement that the data is sourced from HtAG Analytics and the link to https://developer.htagai.com — accompanies the API Data and is passed through to, and displayed by, each downstream recipient. You are responsible for ensuring downstream compliance, and you must not remove, obscure, or permit the removal of HtAG Analytics attribution from API Data you supply to others.

40. API Data Accuracy and No Reliance

(a) API Data is provided for informational and analytical purposes only. It does not constitute financial advice, property valuation, legal advice, or a recommendation to buy, sell, or hold any property or investment.

(b) While we use reasonable efforts to ensure accuracy and currency, and subject to clause 5, we do not warrant that API Data is complete, accurate, current, or error-free. Property markets are dynamic, and data may be revised, corrected, or delayed.

(c) You are responsible for decisions made in reliance on API Data. You must not represent to end users that API Data constitutes a formal valuation, appraisal, or guarantee of property value.

(d) You must include a reasonable disclaimer in your Application advising end users that data is sourced from HtAG Analytics, is for informational purposes only, and does not constitute financial, legal, or property valuation advice.

41. API-Specific Termination

(a) Without limiting clause 14, we may suspend or revoke your API Key(s) and Developer Portal access, on reasonable notice or immediately where reasonably necessary, if: (i) you breach the attribution requirements in clause 39 and fail to remedy within the notice period; (ii) you exceed or circumvent API rate limits or usage caps; (iii) your API usage patterns indicate systematic data extraction in breach of clause 9; (iv) your API Key(s) are compromised and you fail to take prompt remedial action; or (v) your API usage fees remain unpaid more than 7 days past the due date.

(b) Upon termination of your API access: (i) you must cease all use of API Data in your Applications within 30 days, except where already published in printed materials before termination; (ii) you must permanently and irrevocably delete all API Data in your possession or control — including cached, stored, downloaded, or derived copies — within 30 days, and on request confirm deletion in writing; and (iii) the attribution obligations in clause 39 survive and continue while any API Data (or derived content) remains publicly available in materials published before termination.

(c) Because the API is pay-per-row with no subscription, ending your API use does not require cancellation of a subscription and does not give rise to any refund or pro-rata adjustment beyond unused prepaid amounts (if any).