Terms of Service

Last updated: 26 March 2026

Introduction#

The Company provides the Calibre online application that provides powerful analytics and insights enabling improved user experiences on web-based applications, including synthetic performance monitoring and Real User Monitoring. Use of Calibre is subject to these Terms of Service.

1. Definitions#

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • ABN means Australian Business Number.
  • ACN means Australian Company Number.
  • Agreement means the agreement formed between the Users and the Company under, and on the terms of, this Terms of Service, together with the Privacy Policy, the Data Processing Agreement (where applicable), and any Special Conditions.
  • Alert means a notification sent to a User by Calibre.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
  • Calibre means the Calibre online application accessible from calibreapp.com.
  • Company means Calibre Analytics Pty Ltd ABN 67 617 601 582.
  • Corporations Act means the Corporations Act 2001 (Cth).
  • Customer means a registered user of Calibre, that uses the features associated with a Customer account.
  • Customer Data means data submitted to, collected by, or generated through the Services on behalf of the Customer, including User Content and any data collected by the RUM Snippet from the Customer's Website visitors. Customer Data does not include data about the Customer's use of Calibre for billing or service improvement purposes.
  • Dashboard means the main interface for viewing the key information associated with the User's account, and to perform common tasks within Calibre.
  • Data Processing Agreement or DPA means the data processing agreement between the Customer and the Company, available on request by writing to privacy@calibreapp.com, which governs the processing of personal data on the Customer's behalf.
  • Fee means a fee charged by the Company for use of Calibre.
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means the Company's privacy policy as updated from time-to-time, which can be found at calibreapp.com/privacy.
  • RUM means Real User Monitoring, the Company's service for collecting website performance data from real user sessions.
  • RUM Snippet means the JavaScript code supplied by the Company (served from use.calibre.app) that, when installed on a Website, collects performance metrics from the Website's visitors on the Customer's behalf.
  • Subscription Fee means a Fee charged by the Company for use of Calibre on a periodical basis.
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Team Member means a user authorised to use such features of Calibre licensed to the Customer, as the Customer may allow.
  • Terms of Service means the terms and conditions of using Calibre, as updated from time-to-time, which can be found at calibreapp.com/terms.
  • TPS means an online third-party service provider with whom a User holds an account.
  • User means any registered Customer or Team Member that uses Calibre.
  • User Content means images, information, documents or other data that is uploaded or input into Calibre by the User or that forms part of the User's Intellectual Property.
  • Website means any website or digital property operated by the Customer and monitored using the Services.

Confidential Information means any written or verbal information that:

  • Is about each party's business or affairs;
  • Is about the conduct of each party under this Agreement and during the term of this Agreement;
  • A party informs the other party that it considers it confidential and/or proprietary;
  • A party would reasonably consider to be confidential in the circumstances; and
  • Is personal information within the meaning of the Privacy Act,

but does not include information that a party can establish:

  • Was in the public domain at the time it was given to that party;
  • Became part of the public domain, without that party's involvement in any way, after being given to the party;
  • Was in the party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
  • Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.

2. Using Calibre#

2.1. General#

  1. To use Calibre, the User must login to Calibre and have set up their account.
  2. The User agrees that all use of Calibre is subject to these Terms of Service.
  3. Calibre is only available to Users over the age of 18.
  4. The Customer shall be responsible for:
    1. Paying the Fees for using Calibre; and
    2. Each Team Member's use of Calibre that the Customer authorises.

2.2. Features#

  1. Depending on the features subscribed for by the Customer, Calibre may allow a Customer to:
    1. Add Team Members;
    2. Add and manage Websites to be monitored;
    3. Create and manage Alerts;
    4. Connect and manage TPS integration;
    5. Monitor Website performance using synthetic tests;
    6. Collect and analyse real user performance data using RUM; and
    7. Such other features as the Company may make available from time-to-time.
  2. Calibre may allow a Team Member to use such features made available by the Customer to the Team Member.

2.3. Dashboard and Alerts#

  1. The User may enter such number of Websites into Calibre in accordance with the Customer's subscription.
  2. The User shall be able to view such information and in such graphical format as Calibre may support on the User's Dashboard.
  3. The User is responsible for all User Content that it enters into Calibre.
  4. The User may be able to create Alerts in accordance with any criteria supported by Calibre.
  5. Alerts may be sent via email or any other TPS integration supported by Calibre, in accordance with the User's criteria.
  6. The efficacy of Calibre depends on:
    1. The quality of the information provided to Calibre by the relevant Website, User or user of the Website; and
    2. The User's correct use of Calibre.
  7. The Company does not guarantee any particular outcomes will be achieved by the User's use of Calibre.

2.4. Real User Monitoring#

  1. RUM features are only available to Customers who have subscribed for a plan that includes Real User Monitoring.
  2. In order to use RUM, the Customer must correctly install the RUM Snippet on their Website in accordance with the Company's documentation.
  3. The RUM Snippet collects performance metrics from the Customer's Website visitors, including page load times, Core Web Vitals measurements, and related technical data. Details of what data is collected and how it is processed are described in the Company's documentation at calibreapp.com/docs/rum/tracking-user-performance-data and governed by the Data Processing Agreement.
  4. The Customer may configure RUM settings including sampling rate, allowed origins, geographic exclusions, data retention period, and path masking. These configuration choices constitute the Customer's instructions to the Company regarding the collection and processing of data from the Customer's Website visitors.
  5. The efficacy of the RUM Snippet depends on:
    1. The RUM Snippet being correctly installed on the Website by the Customer; and
    2. The Website's code supporting the integration of the RUM Snippet.
  6. The Company cannot warrant the efficacy of the RUM Snippet on any particular Website, and shall not be responsible in the event that installation of the RUM Snippet results in:
    1. The RUM features not working correctly within Calibre; or
    2. The Website not working properly, including not being available.
  7. If the Customer experiences any issues when installing the RUM Snippet on a Website as described in clause 2.4(f), the Company recommends seeking support in accordance with clause 5.4, and the Company shall provide all reasonable assistance.
  8. The Customer is solely responsible for:
    1. Providing appropriate privacy notices to its Website visitors regarding the collection of performance data by the RUM Snippet, including information about the use of session identifiers, the categories of data collected, and the transfer of data to the United States for processing;
    2. Obtaining any consents required under applicable data protection laws (including the ePrivacy Directive or equivalent local laws) for the use of browser storage mechanisms by the RUM Snippet; and
    3. Responding to data subject requests from its Website visitors in relation to data collected by the RUM Snippet.
  9. The Company's processing of data collected by the RUM Snippet is governed by the Data Processing Agreement.

3. Fees, payments & refunds#

3.1. Fees#

  1. The primary Fee to use Calibre shall be the Subscription Fee, which is payable in advance (after any free trial period has expired).
  2. Each Fee applies in accordance with such features and/or services subscribed for by the Customer in accordance with the pricing described on the Site, or as otherwise agreed with the Company.
  3. The Customer agrees to make payment in advance for all Fees due at such frequency, or on such dates as the Customer has subscribed for.
  4. All payments shall be made via the online payment gateway within Calibre, or in such other manner as the Company may direct from time-to-time. The Customer agrees that it has no right to access Calibre if it fails to make payments when due.
  5. The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 60 days' written notice. Any new or changed Fees will apply at the next billing period after the Customer has been given such notice.
  6. If a Customer does not accept a change to any Fees, they can terminate their Account.

3.2. Currency#

Fees are quoted in United States dollars, Australian dollars or Euros based on Customer selection.

3.3. GST#

For Customers in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.

3.4. Refunds#

No refunds of Fees are offered other than as required by law.

3.5. Late Payment#

  1. If the Customer does not pay the full Fees as required, the Company may suspend all User access to Calibre for that Account.
  2. If Fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the Customer's Account in Calibre without notice and end this Agreement.
  3. The User agrees that the Company shall not be responsible or liable in any way for:
    1. Interruptions to the availability of Calibre or User Content in the event of clause 3.5(a); or
    2. Loss of User Content in the event of clause 3.5(b).

4. Third Party Login and Integration#

4.1. Registration & Login#

  1. A User may be able to register as a User, access Calibre and use integrated features (such as Alerts etc.), by connecting their account with certain third party services (TPS) (e.g. Slack etc).
  2. As part of the functionality of Calibre the User may connect their profile with a TPS by:
    1. Providing their TPS login information to the Company through Calibre; or
    2. Allowing the Company to access their TPS in accordance with its terms & conditions of service.
  3. When connecting to Calibre using a TPS the User warrants that they are not in breach of any of the TPS' terms & conditions of service.

4.2. Ongoing Availability#

  1. The User agrees that User access to Calibre may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and Calibre.
  2. The User may disconnect the connection between Calibre and the TPS at any time.
  3. The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.

4.3. Data from TPS#

Where a User connects and/or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User's profile within Calibre.

5. General conditions#

5.1. Licence#

  1. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Calibre for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
  2. The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
  3. The Company may revoke or suspend the User's licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.

5.2. Modification of Terms#

  1. The terms of this Agreement may be updated by the Company from time-to-time.
  2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Calibre.

5.3. Software-as-a-Service#

  1. The User agrees and accepts that Calibre is:
    1. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available 'locally' from the User's systems; and
    2. Managed and supported exclusively by the Company from the Company servers and that no 'back-end' access to Calibre is available to the User unless expressly agreed in writing.
  2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Calibre.

5.4. Support#

  1. The Company provides user support for Calibre via the email address support@calibreapp.com.
  2. The Company shall endeavour to respond to all support requests within 1 Business Day.

5.5. Use & Availability#

  1. The User agrees that it shall only use Calibre for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
  2. The User is solely responsible for the security of its username and password for access to Calibre. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Calibre account.
  3. The User agrees that the Company shall provide access to Calibre to the best of its abilities, however:
    1. Access to Calibre may be prevented by issues outside of its control; and
    2. It accepts no responsibility for ongoing access to Calibre.

5.6. Privacy and Data Protection#

  1. The Company maintains the Privacy Policy in compliance with applicable data protection laws, including the Privacy Act and (where applicable) the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), for data that it collects about the User and other customers.
  2. Where the Company processes personal data on behalf of the Customer in the course of providing the Services (including through synthetic monitoring and RUM), such processing is governed by the Data Processing Agreement. In the event of any conflict between these Terms of Service and the Data Processing Agreement on matters relating to the processing of personal data, the Data Processing Agreement shall prevail.
  3. The Privacy Policy does not apply to how the Customer handles personal information. It is the Customer's responsibility to comply with applicable data protection laws, including by providing appropriate privacy notices to individuals whose data is collected through the Customer's use of the Services.
  4. Calibre may use browser storage mechanisms (including cookies and sessionStorage) to improve a User's experience and to support the functionality of the Services, including the RUM Snippet's use of sessionStorage for ephemeral session identifiers. The User may manage how it handles cookies in its own browser settings. Further information about the Company's use of browser storage is available in the Privacy Policy.

5.7. Data#

  1. Security. The Company takes the security of Calibre and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company's systems or the information on them. Details of the Company's security practices are available at calibreapp.com/security.
  2. Transmission. All data transmissions are encrypted using TLS 1.3 or higher. The Company shall do all things reasonable to ensure that the transmission of data occurs according to industry standards. It is up to the User to ensure that any transmission standards meet the User's operating and legal requirements.
  3. Storage. The Company stores data on servers in the United States. For RUM, data is processed at globally distributed edge locations before being stored in a centralised database in the United States. Further details of the data processing architecture, international transfer mechanisms, and technical safeguards are described in the Data Processing Agreement and the Company's documentation.
  4. Backup. The Company shall perform backups of its entire systems in a reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
  5. Retention and Deletion. Customer Data is retained in accordance with the Data Processing Agreement. For RUM data, retention is configurable by the Customer (between 3 and 24 months) and data is automatically deleted after the configured retention period. Upon termination of this Agreement, Customer Data is handled in accordance with clause 5.12 and the Data Processing Agreement.

5.8. Intellectual Property#

  1. Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Calibre.
  3. The Calibre Application. The User agrees and accepts that Calibre is the Intellectual Property of the Company and the User further warrants that by using Calibre the User will not:
    1. Copy Calibre or the services that it provides for the User's own commercial purposes; and
    2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Calibre or any documentation associated with it.
  4. Content. All feedback, suggestions, ideas, enhancements, feature requests or other input provided by the User to the Company with respect to Calibre becomes and remains the Intellectual Property of the Company. For the avoidance of doubt, this clause does not apply to Customer Data, which remains the property of the Customer and is processed by the Company in accordance with the Data Processing Agreement.

5.9. Disclaimer of Third Party Services & Information#

  1. The User acknowledges that Calibre is dependent on third-party services, including but not limited to:
    1. Banks, credit card providers and merchant gateway providers;
    2. Telecommunications services;
    3. Hosting services;
    4. Email services; and
    5. Analytics services.
  2. The User agrees that the Company shall not be responsible or liable in any way for:
    1. Interruptions to the availability of Calibre due to third-party services; or
    2. Information contained on any linked third party website.

5.10. Confidentiality#

  1. A party shall not:
    1. Use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
    2. Disclose any of the Confidential Information except in accordance with clause 5.10(b).
  2. Subject to clause 5.10(c), a Party may disclose Confidential Information that a Party is required to disclose:
    1. By law or by order of any court or tribunal of competent jurisdiction; or
    2. By any Government Agency, stock exchange or other regulatory body.
  3. If a party is required to make a disclosure under clause 5.10(b), that party must:
    1. To the extent possible, notify the other party immediately after it anticipates that it may be required to disclose any of the Confidential Information; and
    2. Only disclose Confidential Information to the extent necessary to comply.
  4. The Customer and the Company must each assist the other to comply with its obligations under applicable data protection laws in relation to Confidential Information.

5.11. Liability & Indemnity#

  1. The User agrees that it uses Calibre at its own risk.
  2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
  3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User's use of Calibre or conduct in connection with Calibre, including any breach by the User of these Terms of Service.
  4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User's access to, or use of, or inability to use Calibre, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
  5. Nothing in this clause excludes or limits either party's liability for data protection claims to the extent that such liability cannot be excluded or limited under applicable data protection laws (including the GDPR and the Privacy Act).
  6. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company's option to:
    1. The re-supply of services or payment of the cost of re-supply of services; or
    2. The replacement or repair of goods or payment of the cost of replacement or repair.

5.12. Termination#

  1. Either party may terminate this Agreement by giving the other party 1 month's written notice.
  2. Termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.
  3. Upon termination, Customer Data will be handled in accordance with the Data Processing Agreement. Where no Data Processing Agreement is in place, the Company will delete Customer Data within 90 days of termination, unless retention is required by law.
  4. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 5.6, 5.8, 5.10, 5.11 and 5.13 survive termination of this Agreement.

5.13. Dispute Resolution#

  1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
    1. Includes or is accompanied by full and detailed particulars of the Dispute; and
    2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) of each party must meet (virtually or otherwise) and seek to resolve the Dispute.
  3. Subject to clause 5.13(d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

5.14. Electronic Communication, Amendment & Assignment#

  1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
  3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User's responsibility to update its contact details as they change.
  4. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  5. Notices must be sent to the parties' most recent known contact details.
  6. The User may not assign or otherwise create an interest in this Agreement.
  7. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

5.15. General#

  1. Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
  2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
  3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
  4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
  5. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
  7. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there. This clause does not affect any rights that individuals may have under applicable data protection laws to bring proceedings in the jurisdiction of their habitual residence.
  8. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.