These Terms govern your use of the DigitalGate website, Platform, Apps, subscriptions, Founding 10 programme and related services.
DigitalGate provides an AI-powered Business Operating Platform, together with optional professional services, designed to help businesses connect, centralise and manage customers, workflows, websites, marketing, AI, automation, payments, analytics and industry-specific systems.
These Terms & Conditions (“Terms”) form a binding agreement between you and DigitalGate (“DigitalGate”, “we”, “our” or “us”) and govern your access to and use of:
By accessing or using DigitalGate, creating an account, starting a subscription or trial, qualifying for a Founding 10 place, or submitting information through DigitalGate, you agree to these Terms.
If you do not agree, you must not use the website or Platform.
DigitalGate is an Australian technology business providing an AI-powered Business Operating Platform and related services.
DigitalGate
Gold Coast, Queensland, Australia
Email: hello@digitalgate.com.au
Website: digitalgate.com.au
Where you enter into a written order form, subscription confirmation or statement of work with DigitalGate, that document may contain additional commercial terms. If there is a conflict on a commercial point, the later written agreement prevails for that point to the extent of the conflict.
In these Terms:
DigitalGate may provide:
The Platform is modular and evolving. Features, Apps, integrations, pricing and availability may differ by plan, programme, region, organisation configuration or development status.
Descriptions of planned, preview, early access or developing functionality are not guarantees that a particular feature will be released, maintained or made available by a particular date.
Website marketing, audits, consultations and reports are informational unless a separate written agreement says otherwise. They are not financial, legal, accounting, taxation, investment or regulated professional advice.
You must be at least 18 years old and capable of entering a binding contract under Australian law.
If you use DigitalGate on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and “you” includes that entity.
The Platform is intended for business and commercial use, not for personal consumer use as a primary purpose.
To use certain Platform features you may need to create an account and join or create an Organisation.
You are responsible for:
Organisation administrators control user access within their Organisation. DigitalGate may act on instructions from Organisation administrators regarding accounts, access and Customer Content, subject to law and these Terms.
DigitalGate may refuse registration, suspend accounts or require identity or authority verification where reasonably necessary for security, compliance or fraud prevention.
Depending on your Plan, a single subscription account may operate more than one Organisation. Where this is permitted:
Where a Plan permits operation of more than one Organisation, every Organisation on that subscription must be owned, operated or legitimately managed by the subscribing customer or its business group. A subscription that permits multiple Organisations is not a reseller, agency or multi-client licence and must not be used to provide independent DigitalGate subscriptions to unrelated third parties. Providing DigitalGate access to unrelated client businesses on a shared subscription requires a separately authorised reseller, partner or written commercial arrangement with DigitalGate.
Platform access may be offered on a subscription, trial or other commercial basis as described at checkout or in a written order.
Where a free trial is offered, DigitalGate makes available a 14-day free trial. The trial is activated through the DigitalGate onboarding and checkout journey. Creating an account, signing in, or completing identity verification alone does not start the trial. The trial begins according to the mechanics disclosed in the onboarding and checkout flow in effect at the time.
At the end of the trial period, your subscription will continue at the applicable published price unless you cancel before the end of the trial in accordance with the cancellation process described at checkout or in your account.
Fees, billing intervals, inclusions and taxes are as stated at checkout, on your order form, or in your Stripe / invoice confirmation. Unless otherwise stated, subscriptions renew automatically for successive periods until cancelled in accordance with these Terms or your order.
Payments are typically processed by third-party payment providers (including Stripe). You authorise DigitalGate and its payment providers to charge your nominated payment method for applicable fees, taxes and renewals.
If payment fails, DigitalGate may retry charges, suspend or limit access, or terminate the subscription after reasonable notice where practicable.
DigitalGate may change list prices or plan inclusions from time to time. Material changes affecting an existing paid subscription will apply from the next renewal or as otherwise notified, unless a written agreement provides differently (including any Founding 10 commercial commitment for the agreed period).
Except where required by the Australian Consumer Law or expressly stated in writing, fees are non-refundable once a billing period has commenced. Unused time in a billing period is generally not refundable on early cancellation.
Fees may be exclusive of GST and other applicable taxes. You are responsible for taxes associated with your purchase, except taxes based on DigitalGate’s income.
Platform entitlements, limits and included capabilities depend on the Plan you subscribe to and are described on the DigitalGate pricing page or in your order, as updated from time to time. Unless a written agreement states otherwise, the following applies.
Where a Plan permits multiple Organisations, the Organisations may operate in different industries, provided each is owned, operated or legitimately managed by the subscribing customer or its business group and each remains a separate Organisation as described in section 5.
Archived, suspended or otherwise inactive Organisations do not consume an active-Organisation slot. DigitalGate may monitor Organisation activity and may prevent repeated archive/create cycling or other conduct that appears intended to circumvent Plan limits.
Operating more active Organisations than your Plan permits requires either an upgrade to a Plan that supports the required number of active Organisations (such as Enterprise) or a separately agreed written commercial arrangement. DigitalGate may suspend or restrict additional Organisations, or require an upgrade, where Plan limits are exceeded.
Native specialist Industry integrations and API access are Plan entitlements that require Scale or Enterprise. They are not included in Starter or Growth, and are not automatically included in any Growth Suite, Growth App or add-on purchase.
Even where Scale or Enterprise is active, access to a specific Industry integration or API requires the relevant Industry App or sub-industry App entitlement to be active for the Organisation using it. Scale and Enterprise unlock the eligibility to use eligible specialist Industry integrations; they do not include every Industry App for free.
Third-party integrations remain subject to the applicable third party’s availability, approval, subscription fees, rate limits, usage restrictions, technical capability and terms. Ordinary foundational connections (such as Google Analytics, Search Console, Google Business Profile, Meta and Stripe) are not classified as specialist Scale-only Industry APIs unless DigitalGate’s commercial rules expressly identify them as such.
DigitalGate may apply reasonable fair-use controls to unusually high usage of API calls, AI processing, automation runs, messaging, storage, bandwidth or similar metered resources, where that usage is materially disproportionate to the Plan or presents a risk to Platform stability, security, cost or other customers. DigitalGate will use reasonable efforts to notify affected customers before or promptly after applying such controls, and to work with the customer on an appropriate commercial or technical resolution.
DigitalGate may enter into a written organisation-specific commercial agreement that expressly overrides standard Plan entitlements (including user, Organisation, integration or usage limits). Any such override applies only for the customer, duration and scope stated in that written agreement.
DigitalGate operates a single founding programme: Founding 10. Founding 10 is a limited customer status and benefits overlay available to up to ten qualifying customer organisations. It is not a separate platform product and not a separate pricing tier, and it runs on the same DigitalGate platform and onboarding engine as every other subscription.
Qualification for a Founding 10 place is determined solely by DigitalGate based on fit, capacity and commercial judgement. Submitting an enquiry does not create a Founding 10 place, guarantee qualification, or create a subscription. DigitalGate may open, pause or close Founding 10 availability at any time. When all places are filled (or DigitalGate closes the programme earlier), Founding 10 ceases and standard DigitalGate subscriptions continue to remain available on published terms. DigitalGate does not operate a Founding 100, Founding 1,000, or any subsequent founding cohort.
Acceptance of Founding 10 occurs electronically in-product during the normal DigitalGate onboarding journey. No emailed agreement, PDF agreement, manual signature, countersignature, consultation or separate onboarding invitation is required. Where a specific written commercial offer is issued to a Founding Customer, that offer takes precedence over the Founding Customer Terms to the extent of any conflict.
Founding Customers pay standard published pricing. Programme benefits include limited customer status, priority onboarding, early access to selected Apps and capabilities as they become commercially ready, roadmap feedback channels, and optional founding recognition. Founding status does not create a recurring percentage discount on Platform or Apps pricing. Founding benefits do not automatically override standard Plan entitlements (including user, Organisation, Industry API or integration limits) and do not guarantee that any particular feature will ship by a stated date.
Founding 10 participation is governed by the Founding Customer Terms & Conditions, which apply alongside these Terms. Those Terms set out the qualification process, programme benefits, referral commission (including any Founding 10 referral tier), exclusions, eligibility, suspension and termination, and the relationship to Plan entitlements. In the event of a conflict between these Terms and the Founding Customer Terms on a matter relating specifically to the Founding 10 programme, the Founding Customer Terms prevail.
DigitalGate may modify programme terms prospectively by publishing a revised version of the Founding Customer Terms and, where reasonably practicable, notifying affected customers. Continued participation after the effective date constitutes acceptance of the updated terms, except where a signed offer states otherwise.
Optional Professional Services (implementation, migration, training, consulting, custom work or similar) may be scoped separately.
Unless a statement of work or written proposal says otherwise:
Subject to these Terms and payment of applicable fees, DigitalGate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and licensed Apps for your internal business purposes during the subscription term.
You must not (and must not allow others to):
No rights are granted except as expressly stated. All other rights are reserved by DigitalGate and its licensors.
DigitalGate and its licensors own all right, title and interest in the Platform, website, Apps, software, documentation, branding, designs, frameworks, methodologies and related intellectual property.
This includes proprietary frameworks such as:
You retain ownership of Customer Content. You grant DigitalGate a worldwide, non-exclusive licence to host, process, transmit, display and otherwise use Customer Content solely as needed to provide, secure, support and improve the Platform and services, and as otherwise permitted by the Privacy Policy or your instructions.
Feedback you provide about DigitalGate may be used by DigitalGate without obligation to you.
You are responsible for Customer Content, including its accuracy, legality and appropriate use.
You represent that you have all rights, permissions and lawful authority needed to upload, connect and process Customer Content through DigitalGate, including personal information relating to your customers, employees, prospects or suppliers.
Where you use the Platform to process personal information about individuals, you are generally responsible for determining the purposes of collection and for providing any required notices or consents. DigitalGate processes that information primarily to provide the Platform and related services to you.
Where your subscription permits multiple Organisations, Customer Content is organisation-scoped. Customer Content, CRM records, Digital Twin information, Aida context, documents, connector data and integration credentials belonging to one Organisation are not automatically shared with another Organisation merely because both Organisations are operated under the same subscription account.
Customer-controlled business data within your Organisation is distinct from DigitalGate’s own account, telemetry, billing, security and product data. Export, retention and deletion practices may differ between these categories and will continue to be documented as Platform capabilities mature.
DigitalGate may remove or restrict Customer Content that it reasonably believes violates these Terms, law, or third-party rights, or that presents a security risk.
You must not use DigitalGate to:
DigitalGate may investigate suspected misuse and suspend or terminate access where reasonably necessary.
A standalone Acceptable Use Policy may be published later; until then, this section applies.
The Platform may include AI-assisted features that generate recommendations, summaries, content, classifications, insights or other outputs.
AI outputs may contain errors, omissions or inaccuracies. You are responsible for reviewing AI outputs before relying on them for material business, financial, legal, regulatory or operational decisions.
DigitalGate does not guarantee that AI outputs will be accurate, complete, unbiased, current or fit for a particular purpose.
AI functionality may involve third-party model providers. Use of those features is also subject to the Privacy Policy and any provider constraints applicable to the configuration in use.
The Platform may integrate with third-party services (for example Google, Meta, WordPress, Stripe, Xero, property portals, booking platforms, email providers and others).
Third-party services are governed by their own terms and privacy policies. DigitalGate does not control those services and is not responsible for their availability, APIs, pricing, policy changes, outages or data handling beyond DigitalGate’s own obligations.
Specialist Industry integrations and API access require Scale or Enterprise, together with the relevant Industry App entitlement (see section 6A). Even where entitlement exists, availability of a specific third-party integration may depend on the third party’s own approval, technical capability, geographic availability, fees, rate limits, usage restrictions and terms. DigitalGate does not guarantee that any particular third-party integration will be available, remain available or meet your requirements.
You are responsible for maintaining any third-party accounts, permissions and subscriptions required for connectors to function, including paying any third-party fees.
DigitalGate aims to provide reliable access to the Platform but does not guarantee uninterrupted, error-free or continuous availability.
Access may be affected by maintenance, updates, infrastructure issues, hosting providers, third-party APIs, security incidents, network failures or events beyond DigitalGate’s reasonable control.
Unless a separate written service level agreement expressly applies to your Organisation, these Terms do not create uptime SLAs, credits or response-time guarantees.
DigitalGate may modify, suspend or discontinue features, Apps or integrations as the Platform develops. Where a change materially reduces core paid functionality, DigitalGate will take commercially reasonable steps to notify affected customers.
Support channels and response expectations (if any) will be described in your plan or support documentation as updated from time to time.
DigitalGate does not guarantee business outcomes, including:
Results depend on factors outside DigitalGate’s control, including market conditions, competition, implementation quality, customer processes and third-party platforms. Past performance or case studies do not guarantee future results.
You may cancel a subscription in accordance with the cancellation method provided in the Platform, billing portal or by contacting DigitalGate. Cancellation typically takes effect at the end of the then-current billing period unless otherwise stated.
DigitalGate may suspend or terminate access immediately or on notice if:
On termination or expiry, your licence to use the Platform ends. DigitalGate may disable access to the Organisation. Customer Content retention and deletion will follow DigitalGate’s then-current practices and legal obligations; you should export needed data before cancellation where export tools are available.
Sections that by nature should survive (including intellectual property, liability, indemnity, privacy references and governing law) continue after termination.
To the maximum extent permitted by law, the website, Platform, Apps, AI features, documentation and related services are provided on an “as is” and “as available” basis.
DigitalGate does not warrant that the Platform will meet all of your requirements, be compatible with all systems, or be free of defects or harmful components.
Nothing in these Terms excludes rights that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
To the maximum extent permitted by law, DigitalGate excludes liability for any indirect, incidental, special, consequential or exemplary loss, and for loss of profits, revenue, goodwill, data, business opportunity or anticipated savings, arising from or in connection with the website, Platform, Apps, Professional Services or these Terms.
To the maximum extent permitted by law, DigitalGate’s aggregate liability arising out of or in connection with these Terms or your use of DigitalGate in any 12-month period is limited to the fees paid by you to DigitalGate for the Platform subscription (excluding Professional Services and pass-through third-party costs) in that 12-month period.
Where liability cannot be excluded, DigitalGate’s liability is limited to the maximum extent permitted under applicable law, which may include resupply of services or payment of the cost of resupply.
Nothing in these Terms limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence to the extent such limitation is prohibited by law.
You agree to indemnify and hold harmless DigitalGate and its officers, employees, contractors and agents from claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded.
If you are a consumer for the purposes of the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded. You may be entitled to a replacement, refund or other remedies for a major failure, and compensation for other reasonably foreseeable loss or damage.
Personal information is handled in accordance with our Privacy Policy.
Where your subscription permits multiple Organisations, the Privacy Policy describes how organisation-scoped data, permissions, cross-organisation access and third-party integration data handling operate on the Platform.
Platform and website disclaimers are also described in our Legal Notice & Platform Disclaimer.
DigitalGate may update these Terms from time to time to reflect changes to the Platform, services, technology, commercial offerings or legal requirements.
The latest version will be published on this page with its effective date. Material changes may also be notified by email or in-product notice where practicable.
Continued use of the website or Platform after the effective date of updated Terms constitutes acceptance of the updated Terms, except where a written agreement requires a different amendment process.
These Terms are governed by the laws of Queensland, Australia.
Subject to any non-excludable consumer rights, the courts of Queensland have exclusive jurisdiction over disputes arising from these Terms or your use of DigitalGate.
If any provision of these Terms is held unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without DigitalGate’s prior written consent; DigitalGate may assign to an affiliate or successor. These Terms, together with any applicable order form, the Founding Customer Terms (where you participate in Founding 10), any statement of work and the Privacy Policy, constitute the entire agreement between you and DigitalGate regarding the subject matter, superseding prior website terms covering the same subject (except as preserved in a signed agreement).
DigitalGate
Gold Coast, Queensland, Australia