Terms & Conditions

1. About these terms

These Terms & Conditions ("Terms") govern your access to and use of the website at jaydeapp.com and the Jayde platform and related services (together, the "Services"). The Services are operated by Jayde app (ABN 39 457 933 835), a business name registered with ASIC and operated as a sole trader ("Jayde", "we", "us", "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Services. If you use the Services on behalf of a business, you represent that you are authorised to bind that business to these Terms.

3. The Services

Jayde provides software for logging gemstone trades and generating margin and inventory insights. Parts of the Services may be offered on an early-access, beta, or demonstration basis and may change, be suspended, or be discontinued at any time. We do not guarantee that the Services will always be available, uninterrupted, or error-free.

4. Accounts and security

Where the Services require an account, you are responsible for keeping your login details secure and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. You agree to provide accurate and current information and to keep it up to date.

5. Acceptable use

You agree not to:

• use the Services for any unlawful, fraudulent, or harmful purpose;
• interfere with or disrupt the Services or the servers or networks that support them;
• attempt to gain unauthorised access to any part of the Services or other users' data;
• copy, modify, reverse engineer, or create derivative works from the Services except as permitted by law; or
• use the Services to infringe the rights of any other person.

6. Your data

You retain ownership of the data and content you submit to the Services ("Your Data"). You grant us a non-exclusive licence to host, store, process, and use Your Data solely to provide and improve the Services and as described in our Privacy Policy. You are responsible for the accuracy and legality of Your Data and for maintaining your own backups where appropriate.

7. Intellectual property

All intellectual property rights in the Services (including the software, design, text, graphics, logos, and the "Jayde" name and branding) are owned by or licensed to us. Except for the rights expressly granted to you in these Terms, nothing transfers any intellectual property rights to you. You must not use our trade marks or branding without our prior written consent.

8. Fees

Where the Services are provided for a fee, the applicable pricing and payment terms will be communicated to you separately and form part of these Terms. Unless stated otherwise, fees are in Australian dollars and may be subject to GST.

9. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or any other law where to do so would be unlawful.

To the extent we are permitted to limit our liability under the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the relevant Services or paying the cost of having them resupplied.

10. Disclaimers and limitation of liability

Insights, calculations, and outputs from the Services (including margin, inventory, and performance figures) are provided for general information only and do not constitute financial, investment, valuation, or professional advice. You are responsible for your own business decisions.

To the maximum extent permitted by law, and subject to section 9, we are not liable for any indirect, incidental, special, or consequential loss, or any loss of profits, revenue, data, or business, arising out of or in connection with your use of the Services. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us (if any) for the Services in the 12 months before the claim arose.

11. Indemnity

You agree to indemnify us against any loss, damage, cost, or expense we suffer or incur arising from your breach of these Terms, your misuse of the Services, or your breach of any law or the rights of any third party, except to the extent caused by our own negligence or breach.

12. Third-party links and services

The Services may contain links to, or integrate with, third-party websites and services. We are not responsible for the content, products, or practices of those third parties, and your use of them is at your own risk and subject to their terms.

13. Suspension and termination

We may suspend or terminate your access to the Services at any time if you breach these Terms or if we reasonably consider it necessary to protect the Services or other users. You may stop using the Services at any time. Provisions that by their nature should survive termination (including sections 6, 7, 9, 10, and 11) will continue to apply.

14. Changes to these terms

We may update these Terms from time to time. The current version will always be available on this page, with the "last updated" date shown above. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State/Territory and the Commonwealth of Australia.

16. Contact us

For any questions about these Terms, please contact: