Last Reviewed:

Terms & Conditions

HAYSTACK AUSTRALIA PTY LTD

These Terms & Conditions (“Agreement”) govern your (“You,” “Your”) use of Haystack Australia Pty Ltd's (“Haystack,” “Company,” “We,” “Us,” “Our”) website (https://www.thehaystackapp.com) (“Website”), our native mobile applications (“Application” or “App”), and any other services or deliverables we provide (collectively, the “Services”). By accessing our Website or Application, or otherwise using our Services, you acknowledge you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use our Services.

Haystack offers Services under a freemium model and also provides paid services to businesses and individuals. This Agreement addresses both:

This Agreement replaces any prior website terms, end user license agreements, or prior Terms of Business to the extent those were separate. All references to the Privacy Policy or other relevant documents are deemed to be incorporated by reference.

  1. Definitions

    • “Application” or “App”: The mobile software (iOS or Android) created and distributed by Haystack.

    • “Website”: https://www.thehaystackapp.com and any related subdomains.

    • “Online Card(s)”: Digital business cards (with contact details) created, shared, or managed through our Services.

    • “Paper Card(s)”: Physical business cards that may be scanned and transformed into Online Cards.

    • “OCR Technology”: Optical Character Recognition or scanning functionality that may be used to convert Paper Card details into Online Cards.

    • “Contact Details”: Information such as name, company, job title, phone numbers, email addresses, social media profiles, pictures, and logos.

  2. Acceptance of Terms

    1. By accessing or using our Services, you accept and agree to be bound by this Agreement, including any incorporated documents (e.g., Privacy Policy).

    2. If you do not agree with these terms, you must not use or must discontinue using our Services immediately.

    3. You represent and warrant that you:

      • Are at least 18 years of age and possess the legal authority to enter into this Agreement.

      • Have provided accurate and truthful information during account registration.

      • Are legally permitted to use our Services under the laws of your jurisdiction.

  3. Scope of Services

    1. Freemium Model

      • Most single-user functionality is available free of charge. This includes the ability to create and share digital business cards, store contact details, and basic integrations via our native or WebApp versions.

      • Users on the free plan (“Users”) are subject to all relevant clauses of this Agreement.

    2. Paid Plans

      • Additional features—such as analytics, integrations, team functionality, and other advanced capabilities—are available on our paid plans (e.g., “Haystack Pro,” “Haystack for Business,” “Haystack for Enterprise”).

      • Individuals or entities who subscribe to these paid plans (“Clients”) are subject to all relevant clauses of this Agreement, including the payment and billing obligations below.

    3. Purpose

      • Our Services allow you to create, manage, and share business contact information digitally.

      • We provide an infrastructure to replace or supplement Paper Cards with Online Cards, potentially using OCR Technology to digitize Contact Details.

    4. Changes to Services

      • We may add, modify, or remove features, functionalities, or Services at our discretion, with or without prior notice. If such changes significantly affect paid functionalities, we will endeavor to notify you in advance.

  4. Accounts and Registration

    1. Account Creation

      • You may be required to create an account by providing a valid email address, password, and other information.

      • You agree to keep your account details accurate, complete, and up-to-date.

    2. Account Security

      • You are responsible for safeguarding your account login credentials and for all activities that occur under your account.

      • You must notify us immediately if you suspect any unauthorized access or breach of security.

    3. Account Closure

      • You may request closure of your account by contacting our support team at [moc.ppakcatsyaheht@troppus].

      • Upon closure, your data may be deleted as per our Privacy Policy, although we may retain certain information to comply with legal obligations.

  5. User Responsibilities

    1. Accurate Information

      • You are responsible for ensuring that any Contact Details you provide or scan (including Paper Cards) are accurate and that you have the rights or permissions needed by the Data Subject to use and share these Contact Details.

    2. Compliance with Laws

      • You agree to comply with all applicable local, state, national, and international laws, regulations, and conventions in connection with your use of our Services.

      • You agree not to scan any Paper Cards or upload any Contact Details you do not have explicit permission to use.

    3. Prohibited Conduct

      • You may not (nor permit anyone else to):

        • Modify, reverse-engineer, decompile, or disassemble our proprietary software or algorithms.

        • Harvest or collect data about other users without their express consent.

        • Impersonate any person or entity or misrepresent your affiliation with a person or entity.

        • Introduce malware, viruses, or harmful code into our Services.

        • Use the Services for any unlawful or unauthorized purpose (including harassment, stalking, fraud, or spamming).

        • Use the Services in any way that violates the rights of others, including privacy or intellectual property rights.

  6. Payment Terms (For “Clients” on Paid Plans)

    1. Fees and Expenses

      • By selecting a paid plan, you agree to pay the fees indicated in our proposal or on our Website (if subscribing online).

      • Our pricing includes GST when applicable in Australia. All other taxes, duties, levies, or similar governmental assessments (including but not limited to value-added, sales, use, or withholding taxes) and any bank fees associated with international wire transfers or credit card transactions outside Australia are excluded from our normal quotes or fees. You are responsible for paying these additional taxes and/or bank fees on top of the fees quoted and invoiced by Haystack, unless otherwise stated in a written agreement.

    2. Invoices and Payment (Haystack for Enterprise)

      • Payment schedules and methods may vary by Client; we will invoice you based on the agreed billing cycle (annually) or as set out in a specific proposal.

      • Payments are due within 30 days of the invoice date unless otherwise stated. Late payments may incur fees or account suspension.

      • If you fail to pay any amount owed to Haystack when due, Haystack reserves the right, at its sole discretion, to engage a third-party debt collection agency or law firm to collect any outstanding amounts. You will be responsible for all fees and costs incurred in the process of collecting unpaid amounts, including but not limited to any reasonable attorneys' fees, collection agency fees, court costs, or other expenses.

    3. Invoices and Payment (other paid plans)

      • Payment schedules and methods vary by plan; we will invoice you based on the agreed billing cycle (monthly or annually).

      • Payments are due on the day of the invoice date and paid via automatic credit card transaction unless otherwise stated. Late payments may incur fees or account suspension.

      • If you fail to pay any amount owed to Haystack when due, Haystack reserves the right, at its sole discretion, to engage a third-party debt collection agency or law firm to collect any outstanding amounts. You will be responsible for all fees and costs incurred in the process of collecting unpaid amounts, including but not limited to any reasonable attorneys' fees, collection agency fees, court costs, or other expenses.

    4. Refunds

      • Unless otherwise required by law, fees paid are non-refundable, except as set out in a specific clause herein (e.g., termination due to our material breach).

    5. Compliance Costs

      • If we are legally required to provide information about you to a government authority or pursuant to a court order, we may charge you for reasonable costs incurred in doing so (including external legal fees).

    6. No Refunds for Non-Usage

      • Failure to use any portion of the Services for which you have subscribed or been granted access does not:

        • Relieve you of your payment obligations under this Agreement,

        • Entitle you to a refund, partial or otherwise, and

        • Constitute a cancellation of your subscription.

      • All subscription fees and other associated charges remain due and payable in accordance with the agreed payment schedule, regardless of your actual usage of the Services.

    7. Credit Card Disputes

      • Obligation to contact Haystack first: You agree to contact Haystack Support at (support@thehaystackapp.com) to address any billing or cancellation issues before initiating a credit card chargeback or dispute.

      • Proof of unauthorized charge: If you believe a charge was unauthorized, you must provide proof, such as a police report indicating a stolen credit card or written evidence of attempted communication with Haystack's support team to resolve the matter.

      • By entering into this Agreement, you waive any right to initiate a credit card chargeback without first meeting the above requirements. If you fail to comply, Haystack reserves the right to dispute any such chargeback with supporting evidence that you did not properly seek resolution in accordance with these terms.

  7. Use of Data, Privacy, and Confidentiality

    1. Privacy Policy

      • Our Privacy Policy governs how we collect, use, disclose, and protect your personal data. By using the Services, you consent to the practices described therein.

    2. Confidentiality

      • You and Haystack agree not to disclose each other's confidential information to any third party without prior written consent, except as required by law or as necessary to perform our obligations under this Agreement.

      • We may refer to your name and a general description of the Services performed (e.g., referencing that you are our Client) in our marketing materials.

    3. AI and Automated Processing

      • Where we use AI or automated tools (e.g., OCR Technology) to process or analyze data, we do so in accordance with applicable laws.

      • You acknowledge that OCR accuracy can vary, and you agree to verify any critical or sensitive data produced by OCR.

  8. Intellectual Property Rights

    1. Haystack Intellectual Property

      • We (or our licensors) retain all rights, titles, and interests in and to our Services, including any software, source code, algorithms, designs, trademarks, and trade names.

      • No license or right is granted to you other than as expressly stated in this Agreement.

    2. Your Content and Contact Details

      • You own (or represent and warrant that you have the necessary rights to the Contact Details and any other content you provide.

      • By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to store, reproduce, distribute, and display your Contact Details as necessary to operate and improve our Services and share them with recipients you designate.

    3. Custom Materials and Deliverables

      • We retain all rights, titles, and interests for material we deliver to you under a paid engagement (e.g., deliverables such as training material or frameworks). No license or right is given to use, reproduce or distribute this material without Our express written consent.

      • For material you share with us during a paid engagement (e.g., deliverables such as training material or frameworks), all ownership rights remain with you or your licensors if so agreed in a written proposal.

      • Unless otherwise specified, any tools or templates we develop remain our exclusive property, though we may provide you a non-exclusive license to use them.

  9. Disclaimers and Warranties

    1. AS-IS Basis

      • Except as expressly provided in a separate written agreement, our Services (including the Website, App, and any OCR Technology) are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied.

    2. No Guarantee of Accuracy

      • We do not warrant the accuracy or completeness of any information processed or displayed by our Services (including scanned Paper Cards). You are strongly advised to verify critical Contact Details independently.

    3. No Guarantee of Uninterrupted Service

      • For free Users:

        • we do not warrant that our Services will be timely, secure, free from errors or viruses, or uninterrupted.

        • We may enhance, modify, suspend, or discontinue parts or all of our Services without liability to you.

      • For paid Clients

        • Haystack shall ensure that the Annual Uptime Percentage for the Service is 99.9%.

        • We may enhance, modify, suspend, or discontinue parts of our Services without liability to you.

    4. Beta or Experimental Features

      • If we label certain features or functionalities as “Beta,” you use them at your own risk, and we provide no additional warranties for such features.

  10. Limitation of Liability

    1. Indirect Damages

      • For free Users, to the extent permitted by law, Haystack shall not be liable for any indirect, special, incidental, or consequential damages (including lost profits, lost data, or business interruption).

      • For paid Clients, to the extent permitted by law, neither party shall be liable for any indirect, special, incidental, or consequential damages (including lost profits, lost data, or business interruption).

    2. Liability Cap

      • For paying Clients, except for liability arising from (a) our gross negligence or willful misconduct, (b) indemnification obligations, or (c) a breach of confidentiality, our total aggregate liability for all claims related to this Agreement shall not exceed three times the total amount of fees paid by you in the 12 months preceding the event giving rise to the liability.

      • For free Users, our liability is capped at USD $10.00 (ten dollars), as you pay no fees for your usage.

    3. No Personal Liability

      • You agree not to bring any claim against our employees, officers, or agents in their personal capacity.

  11. Indemnification

    1. Your Indemnification

      • You agree to defend, indemnify, and hold harmless Haystack, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, obligations, or expenses (including attorneys' fees) arising from:

        • Your breach of this Agreement;

        • Your use or misuse of the Services;

        • Any infringement of a third party's rights (including intellectual property or privacy) by any Contact Details or data you provide.

    2. Our Indemnification

      • We agree to defend, indemnify, and hold you harmless for claims alleging that the Services, as provided to you, infringe upon the rights of any third party, subject to the limitations set forth in this Agreement.

      • Your sole remedy for such claims is the indemnification described herein.

  12. Termination

    1. Termination by Notice

      • You or we may terminate this Agreement at any time by giving the other party 30 days' written notice (e.g., via email).

      • If you terminate for our material breach (and we fail to cure within 30 days), you may be entitled to a pro rata refund of prepaid fees for the then-current subscription period.

      • If you terminate for any other reason, no refunds will be provided, but any excess fees already paid will be held as credit for future services for up to two years.

      • Annual subscriptions are offered at a discounted rate compared to monthly plans. Although you may cancel at any time with 30 days' notice, any unpaid period which has yet to be paid, is still due and payable. The owed amount (if any) will be calculated as follows:

        • The full annual amount as quoted or invoiced; OR

        • Calculate the monthly cost of your plan multiplied by the number of Active Cards on your account, multiplied by the number of months left until your requested termination becomes effective.

        • The lower of these two amounts will determine your payment obligation for the unpaid period if you choose to terminate by notice.

    2. Automatic Renewal (For Paid Plans)

      • Unless otherwise stated in a separate proposal, paid subscriptions automatically renew for successive periods (e.g., annually or monthly). You must provide notice of non-renewal at least 30 days before the end of the then-current term to avoid charges for the next renewal term.

    3. Effect of Termination

      • Upon termination, you must cease all use of our Services.

      • Any provisions of this Agreement intended to survive termination (e.g., confidentiality, liability, indemnification, IP rights, dispute resolution) shall remain in full force and effect.

  13. Relationship

    1. We provide our Services to you as an independent Service Provider. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and Haystack.

    2. Neither party may bind the other to any agreement or obligation with a third party without express written consent.

  14. Dispute Resolution

    1. Negotiation & Mediation

      • If a dispute arises, both parties agree to first attempt to resolve it informally through direct discussion.

      • If unresolved, both parties agree to attempt good faith mediation before initiating formal legal proceedings.

    2. Governing Law & Jurisdiction

      • This Agreement is governed by the laws of Queensland, Australia, without regard to conflict-of-laws principles.

      • Unless agreed otherwise in writing, both parties submit to the exclusive jurisdiction of the courts of Queensland, Australia, and waive any right to claim that such courts are an inconvenient forum.

  15. Force Majeure

    Neither party will be liable for any delay or failure to perform obligations (other than payment obligations) due to events or circumstances beyond its reasonable control (e.g., natural disasters, war, acts of terrorism, labor disputes, government actions). Each party will use reasonable efforts to overcome or mitigate the effects of such events.

  16. General Provisions

    1. Entire Agreement

      • This Agreement (including any incorporated documents, such as proposals or the Privacy Policy) constitutes the entire understanding between you and Haystack and supersedes any prior agreements or understandings related to the subject matter.

      • In case of any conflict between this Agreement and a specific written proposal/statement of work, the written proposal shall prevail.

    2. Severability

      • If any provision of this Agreement is held invalid, void, or unenforceable, that provision will be deemed severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.

    3. Assignment

      • You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement to an affiliate or in connection with a merger or sale of assets without restriction.

    4. No Waiver

      • Any failure by a party to enforce a right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.

    5. Headings

      • Section headings are provided for convenience only and do not affect the interpretation of this Agreement.

    6. Notices

      • Except as otherwise stated, any notice required under this Agreement must be in writing and delivered via email (to the addresses designated by each party) or via a recognized courier or postal service.

    7. Material Breach

      • For the purposes of this Agreement, a “Material Breach” means any breach of a provision of this Agreement that substantially deprives the non-breaching party of the benefits or rights intended by this Agreement, or significantly impedes the non-breaching party's ability to exercise its rights or perform its obligations. A Material Breach may include (but is not limited to):

        • Repeated or persistent minor breaches which collectively have a material adverse effect on the non-breaching party's rights or benefits under this Agreement;

        • A failure to pay amounts owed when due, if left unremedied beyond any applicable cure period;

        • A single, serious breach that goes to the root or essence of the Agreement, making it impossible for the non-breaching party to enjoy the intended benefits.

  17. Contact Us

    If you have any questions, concerns, or feedback regarding this Agreement, please contact us:

    • Email: moc.ppakcatsyaheht@troppus

    • Phone: 7404-065 (778) 1+

    • Address: 1/16 Metroplex Ave., Murarrie Brisbane, QLD 4172, Australia

    Thank you for using Haystack. We appreciate the opportunity to serve both our Users and our Clients and are committed to continually improving the way you connect and share contact information in a digital world.