Terms of Service

Last updated: 25 September 2026

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1. About these Terms

• (a) Welcome to MonkeyBot. MonkeyBot is a web-based application (“Application”) operated by Monkey Tech Pty Ltd (ABN 44 627 133 500, ACN 627 133 500) (“Monkey Tech”, “we”, “us”, “our”). The Application is accessible at monkeybot.io and related domains listed in clause 21.

• (b) These Terms of Service (“Terms”) govern your access to and use of the Application, including all related features, integrations, APIs, and support services (collectively, the “Services”). Please read these Terms carefully.

• (c) By subscribing to, accessing, or using the Services, the individual accepting these Terms (“Tenant Administrator”) represents and warrants that they are authorised to bind the subscribing company or organisation (“Tenant”) and all individuals the Tenant permits to access the Services (“Authorised Users”) to these Terms. If you are not authorised to bind the Tenant, or if the Tenant does not agree with these Terms, do not access or use the Services.

• (d) The Tenant Administrator accepts these Terms on behalf of the Tenant and its Authorised Users through the acceptance mechanism provided within the Application. Each Authorised User is bound by these Terms from the time the Tenant Administrator grants them access, even if the Authorised User does not separately click to accept.

• (e) Monkey Tech reserves the right to amend these Terms by publishing a new version within the Application. Each version states its effective date, and earlier versions remain available on request. Where a change is material, Monkey Tech will notify the Tenant through the Application and require the Tenant Administrator to accept the updated Terms within the period stated in that notice (which will be at least 30 days). Until accepted, the previously accepted version continues to apply. After that period, Monkey Tech may restrict administrative access to the Services until the updated Terms are accepted. Non-material changes take effect from the date of publication.

• (f) We recommend that the Tenant Administrator retains a copy of the current Terms for the Tenant’s records.

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2. Definitions

In these Terms, unless the context otherwise requires:

• “Application” means the MonkeyBot web-based application, including its user interface, APIs, and any mobile or desktop clients made available by Monkey Tech.
• “Authorised User” means any individual granted access to the Services by or on behalf of the Tenant.
• “Confidential Information” means any information disclosed by one party to the other that is marked confidential or would reasonably be understood to be confidential, but excludes information that is publicly available, independently developed, or lawfully received from a third party without restriction.
• “Customer Data” means all data, content, and materials uploaded, submitted, or generated by the Tenant or its Authorised Users through the Services, excluding Monkey Tech IP.
• “Intellectual Property” means all patents, trademarks, service marks, copyright, moral rights, trade secrets, know-how, designs, and all other intellectual or industrial property rights, whether registered or unregistered.
• “Monkey Tech IP” means the Application, the Services, all underlying technology, software, algorithms, models, documentation, and any improvements, modifications, or derivative works thereof, together with all associated Intellectual Property.
• “Subscription” means the Tenant’s right to access the Services for the applicable Subscription Period and plan.
• “Subscription Fee” means the fees payable by the Tenant for the Subscription, as set out on the Application or in a separate order form or Software Licensing Agreement.
• “Subscription Period” means the period for which the Subscription is valid, as set out at the time of purchase or renewal.
• “Tenant” means the company, organisation, or other legal entity that subscribes to the Services.
• “Tenant Administrator” means the individual(s) designated by the Tenant to manage the Tenant’s account, accept these Terms, and manage Authorised Users.

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3. The Services

• (a) MonkeyBot is a web-based application that facilitates efficient business processes and integration with business applications. The specific features and capabilities available to a Tenant depend on the plan selected.

• (b) The current plans are Basic, Standard, and Enterprise, as described on the Application. Monkey Tech may vary the plans, features, and pricing from time to time. Where plan-specific terms apply, the Tenant Administrator will be required to accept those terms before the plan features become available. For the avoidance of doubt, these Terms apply unless expressly amended by plan-specific terms.

• (c) Some plans or features may be governed by a separate Software Licensing Agreement with Monkey Tech, which may supplement or amend these Terms. In the event of conflict, the Software Licensing Agreement prevails to the extent of the inconsistency.

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4. Subscription and registration

• (a) To access the Services, the Tenant must purchase a Subscription and pay the applicable Subscription Fee.

• (b) The Tenant Administrator must register an account through the Application. As part of registration and ongoing use, the Tenant may be required to provide information including (but not limited to) company name, domain name, ABN, contact details, and payment details.

• (c) The Tenant warrants that all information provided during registration and ongoing use is accurate, current, and complete, and will be updated promptly if it changes.

• (d) Upon completion of registration, the Tenant and its Authorised Users are granted access to the Services for the Subscription Period.

• (e) The Tenant is responsible for ensuring that the Subscription selected is suitable for its needs. Monkey Tech does not warrant that any particular plan will meet the Tenant’s specific requirements.

• (f) The Tenant may not use the Services, and the Tenant Administrator may not accept these Terms, if:

  • (i) the Tenant Administrator is not of legal age to form a binding contract;
  • (ii) the Tenant is an entity prohibited from receiving the Services under the laws of Australia or any other applicable jurisdiction; or
  • (iii) the Tenant Administrator is not authorised to bind the Tenant.

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5. Authorised Users and Tenant responsibilities

• (a) The Tenant is responsible for the acts and omissions of all Authorised Users as if they were the Tenant’s own acts and omissions.

• (b) The Tenant must ensure that all Authorised Users comply with these Terms and with all applicable laws in their use of the Services.

• (c) The Tenant Administrator is responsible for managing access credentials, provisioning and de-provisioning Authorised Users, and maintaining the security of all accounts within the Tenant.

• (d) The Tenant must promptly notify Monkey Tech of any unauthorised access to or use of the Services, or any security breach affecting the Tenant’s accounts.

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6. Acceptable use

• (a) The Services must only be used lawfully. Monkey Tech reserves the right to suspend, cancel, or deny access to any Tenant or Authorised User who uses the Services:

  • (i) to disrupt the access, availability, or security of the Application or other Monkey Tech services, including but not limited to:

    • (A) tampering with, reverse-engineering, decompiling, or hacking our systems;
    • (B) modifying, disabling, or compromising the performance of the Application;
    • (C) imposing an unreasonably large load on our infrastructure; or
    • (D) probing, scanning, or testing the vulnerability of our systems, unless expressly authorised by Monkey Tech in writing;

  • (ii) for any illegal purpose, or in violation of any applicable law, including data protection, privacy, anti-spam, and export control laws;

  • (iii) to stalk, harass, threaten, or defame any person;

  • (iv) to misrepresent identity, engage in phishing, spoofing, or fraud, or falsely imply sponsorship or association with Monkey Tech or any third party;

  • (v) to access any part of the Services other than through the interfaces provided by Monkey Tech, unless authorised under a Software Licensing Agreement; or

  • (vi) to upload, transmit, or distribute content that is unlawful, harmful, or in violation of any Monkey Tech content policy.

• (b) Monkey Tech may investigate suspected violations and may remove or disable access to any content or account that it reasonably believes violates these Terms, without prior notice.

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7. Customer Data

• (a) The Tenant retains all right, title, and interest in Customer Data. Nothing in these Terms transfers ownership of Customer Data to Monkey Tech.

• (b) The Tenant grants Monkey Tech a non-exclusive, worldwide, royalty-free licence to use, copy, store, transmit, and process Customer Data solely to the extent necessary to provide, maintain, and improve the Services and to comply with applicable law.

• (c) The Tenant is solely responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for ensuring that its collection and use of Customer Data (including any personal information within it) complies with all applicable laws, including the Privacy Act 1988 (Cth).

• (d) Monkey Tech may generate and use aggregated, de-identified, and anonymised data derived from the Tenant’s use of the Services for analytics, benchmarking, and service improvement purposes. Such data will not identify the Tenant or any individual Authorised User.

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8. Privacy and security

• (a) Monkey Tech handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and Monkey Tech’s Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

• (b) The Tenant acknowledges that by accepting these Terms, the Tenant Administrator consents to the Privacy Policy and Cookie Policy on behalf of the Tenant and its Authorised Users. The Tenant is responsible for ensuring that its Authorised Users are made aware of those policies.

• (c) Monkey Tech implements reasonable technical and organisational measures to protect the Services and Customer Data from misuse, interference, loss, and unauthorised access, modification, or disclosure, as described in the Privacy Policy.

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9. Payments

• (a) Subject to the terms of any applicable Software Licensing Agreement, the Subscription Fee is payable by the methods available on the Application and may change from time to time in accordance with clause 9(d).

• (b) Payments may be processed using third-party payment services not owned or controlled by Monkey Tech. The Tenant acknowledges that Monkey Tech is not liable for any loss or damage arising from the operation of third-party payment services. The Tenant warrants that it has read and agrees to the terms of the payment service it uses.

• (c) If a payment is returned, declined, or unpaid for any reason, the Tenant is liable for all associated costs, including bank fees and charges.

• (d) Monkey Tech may vary the Subscription Fee at any time. Any increase will take effect at the commencement of the next Subscription Period. The Tenant will be given at least 30 days’ notice of any fee increase.

• (e) Unless otherwise stated, all fees are exclusive of GST. Where GST is payable, it will be added to the Subscription Fee in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

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10. Refunds

• (a) Monkey Tech provides refunds in accordance with the Australian Consumer Law.

• (b) In addition to any rights under the Australian Consumer Law, Monkey Tech will provide a pro-rata refund of the unused portion of the Subscription Fee if Monkey Tech is unable to continue providing the Services, or if Monkey Tech determines, at its absolute discretion, that a refund is reasonable in the circumstances.

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11. Intellectual Property

• (a) All Monkey Tech IP is and remains the exclusive property of Monkey Tech or its licensors. Nothing in these Terms transfers any Intellectual Property in the Application or Services to the Tenant.

• (b) Subject to the Tenant’s compliance with these Terms, Monkey Tech grants the Tenant a non-exclusive, non-transferable, revocable, worldwide licence during the Subscription Period to access and use the Application and Services solely for the Tenant’s internal business purposes and in accordance with the applicable plan.

• (c) The Tenant must not, and must ensure its Authorised Users do not, without Monkey Tech’s prior written consent:

  • (i) copy, modify, adapt, translate, or create derivative works of the Application;
  • (ii) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application;
  • (iii) sublicense, sell, lease, distribute, or otherwise make the Application available to any third party, except to Authorised Users;
  • (iv) remove, obscure, or alter any proprietary notices or branding on the Application; or
  • (v) use any Monkey Tech trademarks, logos, or branding without prior written permission.

• (d) Any feedback, suggestions, or ideas provided by the Tenant or its Authorised Users regarding the Services (“Feedback”) may be used by Monkey Tech without restriction, attribution, or compensation. The Tenant assigns to Monkey Tech all Intellectual Property in any Feedback.

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12. Warranties and disclaimer

• (a) Consumer guarantees preserved. Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (Schedule 2 of that Act), or any equivalent state or territory legislation that cannot by law be excluded, restricted, or modified (“Non-Excludable Guarantees”).

• (b) Disclaimer. Subject to clause 12(a), and to the maximum extent permitted by law:

  • (i) the Services are provided on an “as is” and “as available” basis, without warranty of any kind, whether express, implied, statutory, or otherwise;
  • (ii) Monkey Tech does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or harmful components;
  • (iii) Monkey Tech does not warrant that the Services will meet the Tenant’s specific requirements or achieve any particular result;
  • (iv) Monkey Tech disclaims all implied warranties and conditions, including (without limitation) warranties of merchantability, fitness for a particular purpose, and non-infringement; and
  • (v) no advice or information, whether oral or written, obtained from Monkey Tech or through the Services, creates any warranty not expressly stated in these Terms.

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13. Limitation of liability

• (a) Exclusion of consequential loss. Subject to clause 12(a), and to the maximum extent permitted by the laws of Western Australia, Monkey Tech, its affiliates, directors, officers, employees, agents, contractors, and licensors (“Monkey Tech Parties”) will not be liable to the Tenant, its Authorised Users, or any third party for any:

  • (i) indirect, incidental, special, consequential, punitive, or exemplary damages;
  • (ii) loss of profit, revenue, or anticipated savings (whether direct or indirect);
  • (iii) loss of data, goodwill, or business reputation;
  • (iv) loss of opportunity or expectation loss; or
  • (v) any other loss that does not arise naturally (that is, according to the usual course of things) from the breach, negligence, or other act or omission giving rise to the claim,

  however caused and under any theory of liability, including contract, tort (including negligence), equity, statute, or otherwise, even if a Monkey Tech Party has been advised of the possibility of such loss.

• (b) Liability cap. Subject to clause 12(a), the aggregate liability of the Monkey Tech Parties to the Tenant for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), equity, under statute, or otherwise, will not exceed the greater of:

  • (i) the total Subscription Fees actually paid by the Tenant to Monkey Tech in the 12-month period immediately preceding the event giving rise to the claim; and
  • (ii) AUD $100.

• (c) Essential basis. The Tenant acknowledges that the limitations and exclusions in this clause 13 are reasonable and an essential basis upon which Monkey Tech has agreed to provide the Services at the applicable Subscription Fee. The Subscription Fee would be substantially higher without these limitations.

• (d) Mitigation. Each party must take reasonable steps to mitigate any loss or damage it suffers in connection with these Terms.

• (e) Time limit for claims. To the maximum extent permitted by law, any claim arising out of or in connection with these Terms must be brought within 12 months of the date the claimant first became aware (or ought reasonably to have become aware) of the facts giving rise to the claim. This clause does not apply to claims under the Non-Excludable Guarantees.

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14. Indemnification

• (a) Tenant indemnity. The Tenant agrees to indemnify, defend, and hold harmless the Monkey Tech Parties from and against all claims, actions, suits, demands, liabilities, costs, expenses, losses, and damages (including legal fees on a solicitor-and-own-client basis) arising out of or in connection with:

  • (i) the Tenant’s or any Authorised User’s use of the Services (including any Customer Data uploaded, submitted, or generated through the Services);
  • (ii) any breach of these Terms by the Tenant or any Authorised User;
  • (iii) any breach of applicable law by the Tenant or any Authorised User;
  • (iv) any claim by a third party arising from, or in connection with, Customer Data or the Tenant’s use of the Services; and
  • (v) any negligent or wrongful act or omission of the Tenant or any Authorised User.

• (b) Indemnity procedure. Monkey Tech will promptly notify the Tenant of any claim to which this indemnity applies and will provide reasonable cooperation (at the Tenant’s expense) in the defence of the claim. The Tenant may not settle any claim that imposes obligations on Monkey Tech, or admits liability on Monkey Tech’s behalf, without Monkey Tech’s prior written consent.

• (c) Survival. This indemnity survives the expiration or termination of these Terms.

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15. Termination

• (a) Termination by the Tenant. The Tenant may terminate these Terms by:

  • (i) not renewing the Subscription prior to the end of the Subscription Period;
  • (ii) giving Monkey Tech at least 90 days’ written notice of its intention to terminate; and
  • (iii) where available, closing its account and all associated Authorised User accounts through the Application.

  Written notice under this clause must be sent to Monkey Tech via the contact details in clause 20.

• (b) Termination by Monkey Tech. Monkey Tech may terminate these Terms or suspend the Tenant’s access to the Services, with or without notice, if:

  • (i) the Tenant does not renew the Subscription at the end of the Subscription Period;
  • (ii) the Tenant or any Authorised User breaches any provision of these Terms;
  • (iii) Monkey Tech is required to do so by law;
  • (iv) the continued provision of the Services to the Tenant is, in Monkey Tech’s reasonable opinion, no longer commercially viable; or
  • (v) the Tenant becomes insolvent, enters administration, liquidation, or receivership, or makes an assignment for the benefit of creditors.

• (c) Effect of termination. Upon termination:

  • (i) the Tenant’s and all Authorised Users’ right to access the Services ceases immediately (unless a notice period applies);
  • (ii) the Tenant must pay all outstanding Subscription Fees and any other amounts owing;
  • (iii) Monkey Tech will, upon written request made within 30 days of termination, make available to the Tenant a copy of Customer Data in a commonly used electronic format, subject to payment of any outstanding amounts; and
  • (iv) after the 30-day period in clause 15(c)(iii), Monkey Tech may delete all Customer Data, except to the extent retention is required by law.

• (d) Surviving provisions. Clauses 7(d), 11, 12, 13, 14, 16, 17, 18, and 19 survive the expiration or termination of these Terms.

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16. Dispute resolution

16.1 Compulsory process

If a dispute arises out of or relates to these Terms (“Dispute”), neither party may commence court or tribunal proceedings unless this clause 16 has been complied with, except where urgent interlocutory or injunctive relief is sought.

16.2 Notice

The party claiming the Dispute must give written notice to the other party, detailing the nature of the Dispute, the desired outcome, and the action required to resolve it (“Dispute Notice”).

16.3 Resolution

Upon receipt of a Dispute Notice, the parties must:

• (a) within 28 days, endeavour in good faith to resolve the Dispute by negotiation;

• (b) if the Dispute is not resolved within 28 days, the parties must either agree on a mediator or request that the Resolution Institute (or its successor) appoint an appropriate mediator;

• (c) share equally the mediator’s fees and the venue costs. Each party bears its own legal costs in connection with the mediation; and

• (d) attend the mediation in Perth, Western Australia (or by video conference if agreed by both parties).

16.4 Confidentiality

All communications in connection with this dispute resolution process are confidential and, to the extent permitted by law, must be treated as “without prejudice” for the purposes of applicable laws of evidence.

16.5 Termination of mediation

If the Dispute is not resolved within 2 months of the commencement of mediation, either party may request the mediator to terminate the mediation, and the mediator must do so.

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17. Governing law and jurisdiction

• (a) These Terms are governed by and construed in accordance with the laws of Western Australia.

• (b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them, in respect of any proceedings arising out of or in connection with these Terms.

• (c) The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law rules that would cause the application of the laws of any other jurisdiction.

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18. Force majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including (without limitation) natural disasters, pandemics, acts of government, war, terrorism, civil unrest, power failures, internet or telecommunications failures, or third-party service outages. The affected party must promptly notify the other party and take reasonable steps to mitigate the impact. If the force majeure event continues for more than 90 consecutive days, either party may terminate these Terms on written notice.

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19. General provisions

• (a) Severability. If any provision of these Terms is found to be void, unenforceable, or invalid by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect. Where possible, the severed provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.

• (b) Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Software Licensing Agreement or order form, constitute the entire agreement between the parties in relation to the subject matter and supersede all prior agreements, representations, and understandings.

• (c) Waiver. A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if it is in writing and signed by the waiving party.

• (d) Assignment. The Tenant may not assign or transfer any of its rights or obligations under these Terms without Monkey Tech’s prior written consent. Monkey Tech may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the successor agrees to be bound by these Terms.

• (e) Notices. Notices under these Terms must be in writing and sent by email. Notices to Monkey Tech must be sent to the email address in clause 20. Notices to the Tenant will be sent to the email address associated with the Tenant Administrator’s account.

• (f) Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

• (g) Third-party rights. A person who is not a party to these Terms has no right to enforce any of its provisions. Authorised Users are not third-party beneficiaries of these Terms; their right to access the Services derives from and is subject to the Tenant’s Subscription and compliance with these Terms.

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20. Contact us

For questions about these Terms, to give notice, or to exercise any rights under these Terms, please contact us:

Monkey Tech Pty Ltd ABN 44 627 133 500 Email: privacy@monkeytech.com.au Website: https://www.monkeytech.com.au

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21. Application domains

These Terms apply to the following domains and applications operated by Monkey Tech:

• monkeybot.io
• monkeybot.com.au
• monkeybot.au
• monkeytech.com.au
• monkeytech.au

Links to third-party websites or services from the Application do not constitute endorsement or sponsorship. Monkey Tech is not responsible for the content or practices of third-party websites.