Business Portal Terms of Service

Hilltops App PTY LTD (ACN 698 610 007) operates the Hilltops Business Portal. In these Terms, "Hilltops", "we", "our", and "us" refer to Hilltops App PTY LTD.

1. Acceptance of these Terms

By signing up for, applying for, or accessing a business account on the Hilltops Business Portal, you agree to these Terms. If you are accepting on behalf of an organisation, you confirm that you have authority to bind that organisation.

These Terms incorporate by reference the Hilltops Privacy Policy and the Business Portal Privacy Policy. Where provisions conflict, the Business Portal Privacy Policy governs operator data on this portal.

2. Who can register

2.1 Eligible operators

You may register a business account if you:

• Are at least 18 years old
• Are a registered Australian business or sole trader, OR an individual creator (DJ, musician, band, producer, comedian, performer, collective) operating in a lawful capacity
• Provide accurate and complete information, including a valid ABN where applicable
• Have not been previously suspended, banned, or terminated by Hilltops

2.2 Verification

Business and creator applications are subject to Hilltops review. We may verify business details against the Australian Business Register, request additional documentation, or decline an application at our discretion. We are under no obligation to approve any application.

2.3 Multiple accounts

A single individual may operate multiple business or creator accounts, but each must be applied for separately and approved on its merits. Sharing of approved accounts between unrelated operators is prohibited.

3. Your account and team

3.1 Authorisation

Authorisation on a business account is granted through Hilltops' team-membership records. The person who applies for and is approved for an account is automatically given the owner role and may invite additional owners or managers. Owners and managers are jointly responsible for all activity on the account.

3.2 Security

You agree to:

• Keep your login credentials and any team-member credentials confidential
• Notify Hilltops immediately of any unauthorised access
• Be responsible for all activity that occurs under your account, including activity by team members you invite

3.3 Termination of team members

Owners may remove team members at any time via the portal. Removed members lose all access immediately. Disputes between team members about ownership of an account are not adjudicated by Hilltops; we will rely on our team-membership records as the authoritative source.

4. Permitted use

4.1 Operator activities

You may use the Business Portal to:

• Manage your own venues, events, channels, and creator profile
• Communicate with followers and channel members about your own activities
• Access aggregate audience insights about people who follow or participate in your channels, rooms, or events
• Configure event approval, member permissions, and other operational settings

4.2 Prohibited use

You must not:

• Attempt to re-identify any individual user from aggregate audience insights, or combine our data with other sources to do so
• Sell, transfer, license, or otherwise commercialise any user data obtained through the portal, including follower lists, channel member lists, or insights
• Send unsolicited bulk messages or promotional content unrelated to your business, venue, or creator activity
• Misrepresent your business, venue, creator identity, or relationship to other entities
• Use the portal to scrape, harvest, or otherwise programmatically extract data outside of features Hilltops provides for that purpose
• Use the portal in connection with content that violates the Hilltops Community Guidelines
• Circumvent Hilltops review or approval processes (e.g. creating events that misrepresent their content category, venue, or host)

5. Handling of follower, member, and audience data

5.1 Data controllership

Where you collect personal information from your followers or channel members independently of Hilltops (for example, off-platform sign-up sheets, marketing emails sent through your own systems), you are the data controller for that information and are responsible for handling it in accordance with applicable law, including the Privacy Act 1988 (Cth) if you are an APP entity.

5.2 Data on the platform

Information about your followers and members that lives within Hilltops (their profile information, their follow/membership relationship, message history within channels, room participation) is processed by Hilltops on behalf of the end user under the consumer Privacy Policy. Operators access this information through the portal under access controls defined by Hilltops. You may not export, replicate, or store this information off-platform except where Hilltops explicitly provides an export feature for that purpose.

5.3 Aggregate audience insights

Aggregate insights presented in the portal — counts, demographic bands, activity trends — are produced under privacy controls including minimum cohort sizes and exclusion of users who have opted out via Discovery Settings in the consumer app. You must not attempt to defeat these controls.

6. Content you publish

6.1 Your responsibility

You are solely responsible for events, venue details, channel posts, messages, photos, descriptions, and any other content you publish through the portal (collectively, "Operator Content"). You warrant that you own or have the rights to publish all Operator Content and that it does not infringe the rights of any third party.

6.2 Licence to Hilltops

You grant Hilltops a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, distribute, and process Operator Content as required to provide the Hilltops service, including rendering it to end users on the consumer app and website. This licence terminates when you remove the content, except to the extent we are required to retain it for legal, regulatory, or backup purposes.

6.3 Moderation

Hilltops may remove or disable Operator Content, restrict an event from discovery, or suspend a business account where we reasonably believe content or activity breaches these Terms, the Community Guidelines, or applicable law. Wherever practicable we will provide notice and a chance to remedy, but we may act without notice where urgency is required.

7. Subscriptions, fees, and billing

7.1 Subscriptions and paid credit

Hilltops may offer paid subscriptions and credit packages through the portal. Pricing, included features, billing cycles, and refund terms are disclosed at the point of purchase. By subscribing, you authorise recurring charges to the payment method you provide.

Subscription cancellations take effect at the end of the current billing cycle. Where required by law (e.g. Australian Consumer Law guarantees), statutory refund rights apply in addition to anything stated here.

7.2 Promotional credit

Hilltops may, from time to time, run promotional programs that award promote credit to business accounts — for example the Hilltops Hosts Refer program. Promote credit awarded under any such program ("Awarded Credit") is a promotional inducement granted at Hilltops' sole discretion and is treated separately from credit you purchase through the portal ("Purchased Credit").

Awarded Credit:

• has no cash value and cannot be redeemed, exchanged, or paid out as money;
• is non-refundable in all circumstances, including where a refund of Purchased Credit is owed under section 7.1 or under the Australian Consumer Law;
• is non-transferable between business accounts, users, or Hilltops products;
• is for Hilltops platform use only — spendable on Promote functionality and successor products inside the Hilltops platform, never outside it, and never against subscriptions or other fees;
• does not expireby default — matching Hilltops' wallet rule that balance never expires while the account is open (Hilltops may introduce an expiry for new Awards under a future program change);
• is forfeited immediately if your business account is closed, suspended, or terminated, regardless of the reason.

Where you hold both Awarded Credit and Purchased Credit, Awarded Credit is spent first so that your Purchased balance is preserved.

Hilltops may vary, suspend, or withdraw any promotional program at any time, and may decline, reverse, or forfeit any specific award where it reasonably suspects fraud, misrepresentation, abuse, breach of these Terms, or where required by law. The full terms of each program — and the eligibility criteria for any awards — are published separately and govern that program in addition to this clause. The terms for the Hilltops Hosts Refer program live at /refer/terms.

Awarded Credit is a platform credit — a non-monetary promotional inducement. Hilltops' position is that Awarded Credit is not assessable income and not a taxable supply for GST purposes. The detailed tax-treatment statement and any caveats live in the Program's own terms (for the Hilltops Hosts Refer program, at /refer/terms §10). Hilltops does not provide tax advice; your circumstances may differ and you remain responsible for your own tax position.

Nothing in this section 7.2 limits any non-excludable right you have under the Australian Consumer Law.

7.3 Refunds of Purchased Credit

Hilltops does not offer change of mind refunds. Your statutory rights under the Australian Consumer Law are not affected. Where the ACL requires a remedy (for example for a major failure to supply the Promote service), that remedy applies regardless of this policy.

Where Hilltops grants a refund of Purchased Credit, the refundable amount is calculated pro rata on the cash you actually paid, and is reduced by:

• Wallet usage.The proportion of the package's credit you have already spent.
• Bonus credit. Any wallet credit granted above the cash paid has no cash value and is not refundable.
• Account standing. Chargebacks, payment disputes, suspension, or breach investigations pause refund processing until resolved.

Example. You buy the Growth package for AUD $100, which credits AUD $150 to your wallet. With AUD $90 unspent, the refundable cash is ($90 ÷ $150) × $100 = AUD $60.

Where Hilltops permanently discontinues the platform, refund treatment is governed by section 8.4.

8. Termination

8.1 By you

You may close your business account at any time through the portal or by emailing support@hilltops.app. Closing the account terminates your right to use the portal but does not automatically remove published Operator Content; you must remove events, channels, and venues separately if required.

8.2 By Hilltops

We may suspend or terminate your access immediately and without refund where:

• You materially breach these Terms or the Community Guidelines
• Continued operation would create legal or safety risk
• We are required to do so by law or regulator direction
• The account has been inactive for an extended period

8.3 Effect of termination

On termination, your access to the portal ends and your published Operator Content may be removed or hidden from the consumer experience. Sections that by their nature should survive (intellectual property, indemnity, limitation of liability, dispute resolution) do survive.

8.4 Discontinuation of the platform

Hilltops may, at its sole discretion, permanently discontinue the Business Portal or the Hilltops platform as a whole. Where Hilltops intends to do so, we will give operators at least thirty (30) days' written notice where practicable, with an opportunity to use any Purchased Credit balance during that period.

On the discontinuation date:

• Awarded Credit (promotional credit granted under any Hilltops program — see section 7.2) is forfeited without compensation. Awarded Credit is a non-monetary promotional inducement and is not refundable in cash or otherwise.
• Purchased Credit (credit you bought through a paid top-up): Hilltops will use reasonable steps to refund the unused portion to the original payment method, subject to applicable insolvency or regulatory requirements. Where Hilltops is insolvent, your rights as an unsecured creditor under applicable insolvency law apply in the usual way.

If Hilltops is acquired by, or the platform is transferred to, a successor entity, your account and your wallet balance pass to that successor on these Terms, and the successor is bound by these Terms from the transfer date.

Nothing in this section 8.4 limits any non-excludable right you have under the Australian Consumer Law.

9. Intellectual property

The Hilltops name, logo, app, portal, and underlying software are owned by Hilltops App PTY LTD. These Terms grant you no rights in Hilltops intellectual property except a limited, revocable licence to use the portal as intended.

10. Warranties and disclaimers

The portal is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Hilltops disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the portal will be uninterrupted, error-free, or that any defect will be corrected within a particular time.

Nothing in these Terms excludes or limits any non-excludable rights you have under the Australian Consumer Law or other applicable statute.

11. Limitation of liability

To the maximum extent permitted by law, Hilltops' total liability to you under these Terms is limited to the amount you paid Hilltops for the portal in the 12 months preceding the event giving rise to the claim, or AUD $100, whichever is greater.

Hilltops will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of revenue, or loss of goodwill, even if advised of the possibility of such damages.

12. Indemnity

You agree to indemnify and hold harmless Hilltops, its officers, directors, employees, and agents from any claim, demand, loss, or damage (including reasonable legal fees) arising out of:

• Your Operator Content
• Your use of the portal in breach of these Terms
• Your handling of follower, member, or audience data
• Any event you host, venue you operate, or activity you organise via the portal

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify operators by email or via the portal and update the "Last updated" date above. Continued use of the portal after a change constitutes acceptance of the updated Terms.

14. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia. You and Hilltops submit to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any disputes.

Before commencing proceedings, you agree to first contact us at support@hilltops.app and attempt to resolve the dispute in good faith.

15. Contact

Questions about these Terms can be sent to support@hilltops.app.

By signing up, applying for, or continuing to use the Business Portal, you acknowledge that you have read and agree to these Terms.