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Terms of use · v3.0 · effective 26 May 2026

Terms of use.

The agreement that governs your use of tapestry®. Designed to be clear enough that you can actually read it, but not so light that it doesn't do its job.

01

Parties and scope

These Terms of Use (Terms) are between Tapestry AI Pty Ltd (ABN 55 647 500 696) (tapestry®, we, us) and the organisation on whose behalf you are accepting these Terms (Customer, you). By creating an account, signing an order form, or otherwise using tapestry®, you agree to these Terms. If you're agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.

These Terms apply to access to and use of the tapestry platform, including the products Retail+, Supply+ and Collectives, each of which includes the Hank AI assistant feature (together, the Platform). Product-specific rules are set out in the Schedules and prevail over the general Terms to the extent of any inconsistency for that product.

If there is an executed Master Subscription Agreement (MSA) or order form between tapestry and the Customer, that document prevails over these Terms to the extent of any inconsistency.

02

Eligibility and authority

You may only use the Platform in the course of a trade, profession or business. The Platform is not intended for personal or consumer use.

You confirm that:

  • You are at least 16 years old
  • You are authorised by the Customer to use the Platform
  • Information you provide about yourself and the Customer is accurate and kept up to date

Users aged 16 or 17. If you are under 18, you may use the Platform as an employee, contractor or authorised representative of the Customer, but you do not enter into a commercial contract with tapestry in your own right. The Customer (via the Organisation Administrator) is the contracting party and is responsible for your use of the Platform. We will not send you marketing communications and will not use data derived from your use of the Platform for external benchmarking or marketing, regardless of any click-through consent you may give (see sections 07 and 10).

03

Your account and users

Access is by invitation only. A user is activated when they have accepted the invitation, created credentials, and accepted these Terms and acknowledged our Privacy Policy.

Each Customer will have at least one Organisation Administrator (Org Admin) appointed by tapestry or by the Customer. The Org Admin may invite, configure, enable and deactivate other users within the Customer's organisation, and manage organisation-level settings.

The Customer is responsible for:

  • The acts and omissions of its users
  • Keeping credentials secure and notifying us promptly of suspected compromise
  • Deactivating users who leave or change role
  • Ensuring users accept these Terms and the Privacy Policy before using the Platform

Single sign-on, MFA and audit-logging are available on every account. Enterprise plans require them.

Inviting users under 18. When inviting any user under 18, the Customer (acting through the Org Admin) warrants that: (a) the user is at least 16 years old; (b) the user is a lawful employee, contractor or authorised representative of the Customer; (c) the user is permitted under applicable employment, work health and safety, and child-work laws to perform the tasks for which Platform access is being granted; and (d) the Customer has obtained any parental or guardian consent required by law or by the Customer's own policies. The Customer indemnifies tapestry against third-party claims arising from breach of these warranties.

04

Acceptable use

You agree not to, and not to permit any person to:

  • Access the Platform other than as permitted by these Terms
  • Reverse-engineer, decompile, or attempt to derive source code from the Platform
  • Scrape, harvest or bulk-export data other than through supported mechanisms
  • Interfere with the operation or security of the Platform
  • Upload malicious code or content
  • Use the Platform to violate any law, infringe IP, or harm others
  • Bypass rate limits, security controls or fair-use thresholds
  • Resell access to tapestry® without a written reseller agreement
  • Use Hank or any model output to deceive, mislead or impersonate
  • Use the Platform in a way that exposes tapestry, any Customer or any third party to material risk
05

Your data

Customer Data means data that you, your users or your POS integrations provide to, or generate through, the Platform. As between you and tapestry, you own Customer Data.

You grant tapestry a non-exclusive, worldwide, royalty-free licence to host, process, transmit, copy and display Customer Data for the purposes of: (a) providing the Platform to you and your users; (b) producing analytics and insights for you; (c) supporting, maintaining and securing the Platform; and (d) complying with law.

You warrant that you have all rights, consents and authorisations required for tapestry to process Customer Data on the terms set out in these Terms and the Privacy Policy.

Off-boarding. On termination, on reasonable written request made within 30 days of termination, tapestry will make Customer Data available for export in a machine-readable format. After that period, tapestry may delete Customer Data in the ordinary course, subject to backup retention and legal obligations. Specifics are set out in the MSA or order form.

What we don't do with your data.

  • We do not sell Customer Data
  • Our contractual arrangements with third-party AI model providers require that your inputs and outputs are not used to train their foundation models
06

Our data

Platform Data means data that tapestry independently generates, derives or creates in operating the Platform, including configuration data, system logs, analytics metadata, and training data for Hank. tapestry owns Platform Data.

Usage Data means data about how users interact with the Platform. tapestry may collect Usage Data to operate, secure, improve and develop the Platform.

07

De-identified and aggregated data

We may create de-identified, aggregated or statistical datasets derived from Customer Data, Platform Data and Usage Data (together, De-identified Data). We apply reasonable technical and organisational measures intended to ensure that De-identified Data cannot be used, alone or in combination with other information reasonably available to tapestry, to identify any individual or to re-identify an individual Customer's commercial position.

We may use De-identified Data for:

  • Operating, securing and improving the Platform
  • Benchmarking, industry research and product analytics
  • Training and refining models, including Hank
  • Preparing aggregated market insights and marketing materials

Under-18 users. De-identified Data derived from users whose recorded age is under 18 may be used only for internal operational purposes, and not for external benchmarking, published insights, model training or marketing materials.

We do not publish or share any dataset that would identify an individual, an individual Customer, or an individual commercial counterparty, except with the express prior consent of the relevant party.

08

Privacy

Each party will comply with its obligations under applicable privacy and data protection laws.

We handle personal information in accordance with our Privacy Policy, which describes how we collect, use, disclose and protect personal information across the Platform.

Nothing in these Terms or the Privacy Policy operates as a substitute for the separate, affirmative consent described in section 10 (marketing).

09

Hank and AI-assisted features

Hank is the AI assistant feature available across the Platform, including Retail+, Supply+ and Collectives. It produces suggestions, summaries and analyses based on the data it has access to within the product you are using, scoped to that product's data flows and permissions (see Schedules A and B).

Hank's outputs are informational. They are not financial, legal, commercial or professional advice. Outputs may be incomplete or inaccurate. Users must apply their own judgement before acting on them. You are responsible for decisions made by your users on the basis of Hank outputs.

Third-party AI model providers process prompts and outputs as sub-processors under a data processing agreement. Our contractual arrangements with these providers require that your inputs and outputs are not used to train their foundation models.

10

Marketing communications

Transactional and service communications. We will send communications that are necessary for the Platform or for your use of it, including onboarding emails, security notifications, product change notices, service status updates, invoicing and support communications. These are not marketing communications and cannot be opted out of while the user has an active account.

Marketing communications. We will only send marketing communications (newsletters, product promotions, event invitations) to users who have provided affirmative, separate consent through the Marketing Consent Notice. Users may withdraw this consent at any time via the unsubscribe link in any marketing email or via account settings, without affecting access to the Platform.

Under-18 users. We will not send marketing communications to any user whose recorded age is under 18, and we will not record or act on a marketing-consent click by such a user. The marketing opt-in is suppressed in the UI for under-18 users.

We comply with the Spam Act 2003 (Cth) and, where applicable, with the direct marketing provisions of the Australian Privacy Principles and the GDPR/PECR.

11

Intellectual property

tapestry (and its licensors) owns all IP in the Platform, including the tapestry® and Hank brands, software, models, interfaces, documentation and Platform Data. Subject to these Terms, tapestry grants you and your users a non-exclusive, non-transferable right to access and use the Platform during the term.

You own Customer Data and retain all IP in it. You grant tapestry the licence described in sections 05 and 07.

If you give us feedback about the Platform, we may use that feedback without restriction or obligation to you.

12

Confidentiality

Each party will keep the other's Confidential Information confidential and use it only to perform its obligations or exercise its rights under these Terms.

Confidential Information does not include information that is in the public domain (other than through breach of this section), lawfully known to the receiving party before disclosure, or independently developed by the receiving party.

13

Security

We will maintain technical and organisational security measures appropriate to the nature of the Platform and the data processed. Further detail is in our Privacy Policy.

You are responsible for securing your users' credentials and your own systems.

14

Fees and billing

tapestry® subscriptions are billed monthly or annually, in advance, in your local currency unless otherwise agreed in an order form.

  • Currency. AUD for Australian customers, USD for North America, EUR for the EU/UK.
  • Taxes. Fees exclude GST/VAT/sales tax, which are added at the rate applicable to your billing address.
  • Late payments. Past-due invoices accrue interest at 1.5% per month or the legal maximum, whichever is lower.
  • Refunds and credits. Handled per the MSA, order form or applicable law.
15

Service changes, suspension and termination

We may change the Platform, including adding, removing or modifying features. Material changes will be notified with reasonable notice.

Suspension. We may suspend access immediately if we reasonably believe: (a) there is a security or integrity risk to the Platform; (b) a user is in material breach of these Terms; or (c) suspension is required by law.

Termination. Subscriptions auto-renew at the end of each term unless cancelled with 30 days' written notice before renewal, or as otherwise set out in the MSA or order form. Either party may terminate for material breach not remedied within 30 days of written notice.

On termination, the licences in these Terms end, access is withdrawn, and the off-boarding obligations in section 05 apply.

16

Warranties and disclaimers

We warrant that we will provide the Platform with reasonable skill and care.

Except as expressly set out in these Terms, and subject to non-excludable rights (including under the Australian Consumer Law), the Platform is provided "as is" and we disclaim all other warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

Australian Consumer Law. Where the Australian Consumer Law applies non-excludable guarantees, our liability for breach is, to the extent permitted, limited to re-supply of the affected service or payment of the cost of re-supply.

17

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, consequential, special, incidental or punitive loss, loss of profits, loss of revenue, loss of business, loss of goodwill, or loss or corruption of data (except where loss of data arises from tapestry's failure to comply with section 05).

To the maximum extent permitted by law, each party's total aggregate liability arising out of or in connection with these Terms is capped at the fees paid or payable by you to tapestry in the 12 months immediately preceding the event giving rise to liability.

Nothing in this section limits liability for: (a) death or personal injury caused by negligence; (b) fraud; (c) an indemnity given under these Terms; (d) breach of confidentiality; or (e) any liability that cannot be limited under applicable law.

18

Indemnities

You indemnify tapestry against third-party claims arising from: (a) Customer Data or its use; or (b) your or your users' breach of these Terms.

We indemnify you against third-party claims alleging that the Platform, as provided and used in accordance with these Terms, infringes third-party IP rights. This indemnity is subject to the limitation of liability in section 17 and to usual carve-outs (combination claims, modifications, continued use after notice).

19

Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, except where applicable law gives you a non-waivable right to your local courts.

20

General

  • Assignment. Neither party may assign these Terms without consent, except to a successor in a merger or sale.
  • Force majeure. Neither party is liable for delays caused by events beyond their reasonable control.
  • Severability. If a clause is unenforceable, the rest stays in effect.
  • Entire agreement. These Terms (plus any MSA, Order Form and the Privacy Policy) are the entire agreement between us.
  • Notices. Notices may be given by email to the addresses on the account.
21

Changes to these terms

We may update these Terms from time to time. Material changes will be notified to users at least 30 days before they take effect, via in-product banner and email to account administrators. Continued use of the Platform after the effective date means you accept the updated Terms.

Each version of these Terms is identified by a version number and effective date. We maintain a timestamped record of the version each user accepted.

22

Contact

A

Schedule A — Retail+

  • Eligible users. Customer's employees, contractors or authorised agents engaged in retail operations.
  • Data flows. POS-integrated retail transaction data from the Customer's stores, plus Customer-supplied product and reference data.
  • Role-based access. Store-level, area-level and organisation-level.
  • Output. Analytics, reports and Hank-mediated insights specific to the Customer's retail operations.
  • Use restriction. Retail+ outputs are for use in operating the Customer's retail business; not for external publication without tapestry's written consent.
B

Schedule B — Supply+

  • Eligible users. Customer's employees, contractors or authorised agents in supplier, account management, category, analytics or field sales roles.
  • Data flows. Sell-through data made available by participating retailers for the supplier's range, at retailer-determined granularity (SKU, category, store, region or group).
  • Retailer governance. Retailers control what data is shared and the granularity at which it is shared. Supply+ access is subject to, and limited by, the retailer's permissions.
  • Purpose limitation. Supply+ data is to be used only for activities directly relating to the supplier's commercial relationship with the retailer(s) whose data is made available. It is not to be used to build competitive intelligence on any retailer or any other supplier.