Terms of Service
Effective 7 August 2026.
1. Agreement
These Terms of Service form a binding agreement between Witton Lane Pty Ltd (we, us, our) and the firm or entity creating an account (you, your, the firm). By accessing or using Trail Guardian you accept these terms on behalf of your firm.
2. The service
Trail Guardian is a subscription compliance workspace for Australian licensed financial advice firms. The service includes the platform, audit vault, PDS library, training resources and support described on trailguardian.com.au. We may add, change or remove features from time to time, but will not materially degrade the service during a paid period.
3. Account & users
You may add unlimited users from your firm. You are responsible for the actions of every user under your account, for keeping credentials secure, and for ensuring users comply with these terms. Sharing accounts between individuals is not permitted.
4. Free trial
New firms receive a 30-day free trial of the full platform with no credit card required. We may end or shorten the trial at our discretion if we detect misuse, automated abuse, or use outside the intended evaluation purpose.
5. Fees & billing
Subscription fees are $295 AUD per month (monthly plan) or $3,300 AUD per year (annual plan, equivalent to $275/mo), GST inclusive, payable in advance. Fees are charged via Stripe on the renewal date. Failed payments may result in suspension after 7 days. Price increases will not affect a paid period and require 30 days' written notice.
6. Refunds & cancellation
You may cancel at any time from the billing portal. Monthly plans are not refunded for the remainder of the current month. Annual plans are not refunded for the remainder of the annual period unless we materially fail to deliver the service. You retain access to all features until the end of the paid period.
7. Your data
Your firm owns all data you upload. We hold a limited licence to host, process, back up and display it as needed to provide the service. You may export your data at any time. On termination we retain audit material for the statutory 7-year period (Corporations Act) and delete all other data within 90 days.
8. Acceptable use
You will not: (a) use the platform for any unlawful purpose; (b) reverse engineer, scrape or attempt to extract the underlying code; (c) resell, sublicense or white-label the service without written agreement; (d) upload malware, illegal content or data you are not authorised to hold; (e) use the service to harass, defraud or impersonate any person.
9. Intellectual property
All rights in the Trail Guardian platform, brand, content templates, scripts, training material and documentation remain with Witton Lane Pty Ltd. You receive a non-exclusive, non-transferable licence to use the service during your subscription. Feedback and suggestions you provide may be used by us without obligation.
10. Confidentiality
Each party will keep the other's confidential information secret and use it only to perform the agreement. Your client data is treated as your confidential information.
11. Warranties & disclaimers
We provide the service with due care and skill. Trail Guardian assists with compliance workflows but does not constitute legal, financial or compliance advice, and is not a substitute for your firm's own AFSL obligations. To the extent permitted by law we exclude all other warranties. Nothing in these terms excludes consumer guarantees under the Australian Consumer Law that cannot be excluded.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, consequential or special damages, lost profits, lost revenue, or loss of data beyond what we are required to retain under clause 7. Our aggregate liability in any 12-month period is capped at the fees paid by you to us in that period.
13. Indemnity
You will indemnify us against claims arising from (a) data you upload that infringes a third party's rights, (b) your breach of clause 8 (acceptable use), or (c) your breach of any law in connection with your use of the service.
14. Suspension & termination
We may suspend or terminate access on written notice for material breach not cured within 14 days, non-payment, or where required by law. We may suspend immediately without notice to prevent harm, fraud or legal exposure.
15. Changes to these terms
We may update these terms by posting a new version on this page. Material changes take effect 30 days after we notify account administrators by email. Continued use after that period constitutes acceptance.
16. Governing law
These terms are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.
17. Contact
Questions about these terms: toby@wittonlane.com.