Last updated: 27 August 2026

These Terms and Conditions (the "Terms") govern participation in the Daysync referral program (the "Program") operated by Daysync PTY LTD (ABN 16 677 972 333) of Office 2, Level 4, 172 St Georges Terrace, Perth WA 6000 ("Daysync", "we", "us", or "our").

There is no application, approval, or acceptance step for the Program. By sending a referral invitation, by copying or sharing your Referral Link, or by accepting any Commission under the Program, you (the "Referrer" or "you") agree to be bound by these Terms. If you do not agree with these Terms in their entirety, you must not send invitations, share your Referral Link, or otherwise participate in the Program.

These Terms replace in full any previous terms published in respect of any Daysync referral, affiliate, or advocate arrangement, and any such previous arrangement is discontinued. Any referral or affiliate code issued under a previous arrangement confers no entitlement under these Terms.

In these Terms, unless the context otherwise requires:

1.1 "Balance" means the aggregate Commission accrued to you under these Terms, less all Commission the subject of a payout request that has not failed, expressed in United States dollars.

1.2 "Cleared Payment" means a payment to Daysync in respect of a Referred Organisation that our payment processor has verified as received and settled, in the amount actually received. A Cleared Payment does not include an invoice of nil value, including an invoice issued during a trial period.

1.3 "Commission" means the amount accruing to you in respect of a Qualifying Payment, calculated in accordance with clauses 7 and 8.

1.4 "Commission Rate" means the percentage rate applicable to you from time to time under clause 8.

1.5 "Daysync Services" means the Daysync tour management software-as-a-service product and all associated services offered by Daysync from time to time.

1.6 "Earning Window" means the period of twelve (12) months commencing on the date the Referred User creates their Daysync account, being the date of account creation and not the date of any subscription.

1.7 "Invitation" means an invitation to join Daysync sent by you to an email address through the referral function of the Daysync Services.

1.8 "Invite Window" means the period of ninety (90) days within which an Invitation or Referral Link remains capable of attributing a Referral to you, determined in accordance with clause 5.

1.9 "Qualifying Payment" has the meaning given in clause 7.

1.10 "Referral" means the attribution to you of a Referred User in accordance with clause 6.

1.11 "Referral Link" means the unique uniform resource locator in the form app.daysync.com/r/<slug> issued to you for the purpose of attributing Referrals.

1.12 "Referred Organisation" means a Daysync organisation created by a Referred User. An organisation that a Referred User has joined but did not create is not a Referred Organisation.

1.13 "Referred User" means a person who creates a Daysync account and whose account is attributed to you in accordance with clause 6.

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2.1 The Program is a referral facility made available within the Daysync Services to holders of a Daysync account. It is not an affiliate, partner, reseller, or agency program. There is no application, vetting, approval, or partner tier, and no creative, co-marketing, or media entitlement of any kind.

2.2 The Program is not a discount or coupon scheme. The reward available to a Referred User is the trial period described in clause 4 and nothing else. No variable or negotiable code is issued.

2.3 The Program is single-level. No Commission is payable in respect of persons referred by your Referred Users, and no sub-referral, multi-level, or downstream entitlement arises under these Terms.

2.4 These Terms, together with any written policies, guidelines, or documentation we publish or communicate in connection with the Program from time to time, constitute the entire agreement between the parties in respect of the Program and supersede all prior agreements, representations, and understandings.

2.5 Participation in the Program is offered at our sole and absolute discretion. Nothing in these Terms obliges us to attribute any Referral, pay any Commission other than in strict accordance with these Terms, or continue to operate the Program.

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3.1 Any holder of a Daysync account may participate in the Program. No paid plan is required. You may send Invitations, share your Referral Link, accrue Commission, and request a payout on any plan, including a free plan.

3.2 To participate you must:

(a) be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract;

(b) provide true, accurate, and complete information to us, including in any payout request, and keep such information current;

(c) be legally entitled to receive Commission under the laws of the jurisdiction in which you reside or conduct business; and

(d) not be a person with whom dealings are restricted or prohibited under applicable sanctions laws.

3.3 We reserve the right to decline, suspend, or revoke participation in the Program at any time, in our sole and absolute discretion, with or without cause and with or without prior notice.

3.4 Daysync may itself operate one or more accounts as a referrer, including for the purpose of campaign forms and marketing pages through which a person may request an invitation. No Commission accruing to an account operated by or on behalf of Daysync is payable to any person, and no payout may be requested from such an account. An Invitation you receive from such a form is issued by Daysync and is not a personal recommendation by any individual.

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4.1 A Referred User is eligible for a free trial period on the unlimited paid plan when they subscribe. The trial period is set by us and is currently thirty (30) days. We may vary the length of the trial period at any time; the period applicable to a Referred User is the period in force at the time their subscription is created, and a later variation does not alter it.

4.2 The trial is available once per Referred User and is not cumulative. Where a Referred User already carries any other Daysync referral, affiliate, promotional, or coupon entitlement at the time of subscribing, that other entitlement applies and the trial under these Terms is not applied. A Referred User is entitled to one reward only.

4.3 The trial has no cash value, is not redeemable for cash or credit, and is not transferable. Nothing in the Program alters the Referred User's obligations under the Daysync terms of use or their subscription terms.

4.4 A trial invoice is of nil value and accrues no Commission. Commission accrues only in accordance with clause 7.

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5.1 A Referral may be created by either of two mechanisms:

(a) an Invitation sent by you to an email address, in which case the Invite Window of ninety (90) days commences on the date the Invitation is sent; or

(b) your Referral Link, in which case the Invite Window of ninety (90) days commences on the date the link is first opened by the recipient. Where a link is opened more than once, the most recent opening applies.

5.2 Invitations expire ninety (90) days after sending. Resending an Invitation re-delivers the email but does not extend or reset the Invite Window. Once an Invitation has expired, re-inviting the same address creates a new Invitation with a fresh Invite Window of ninety (90) days.

5.3 There is no limit on the number of Invitations you may send. Invitation and link endpoints are, however, subject to rate limiting applied across the Daysync Services, and requests exceeding an applicable limit will be refused.

5.4 An email address is not eligible to receive an Invitation where it already belongs to a Daysync account, where it has previously been referred and its Earning Window has ended, or where it is blocked or flagged in connection with suspected misuse of the Program. In each case no Referral is created and a single, deliberately non-specific message is returned. We will not confirm which of these circumstances applies, and the Invitation function must not be used to determine whether any address holds a Daysync account.

5.5 You may not send an Invitation to your own account email address or to any variant of it, including an address that differs only by a plus-addressed suffix or, for addresses at gmail.com and googlemail.com, only by the placement of full stops or by the domain used. Attempts to do so are refused and are recorded for the purpose of monitoring misuse of the Program.

5.6 We do not guarantee the delivery, timing, or non-diversion of any Invitation email, and we are not liable for any Referral lost as a result of non-delivery, filtering, or the recipient's email configuration.

5.7 A person may be invited by more than one Referrer. Sending an Invitation to an address that another Referrer has also invited is permitted, and attribution is determined at signup in accordance with clause 6.

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6.1 A Referred User is attributed to one Referrer only. Where more than one Invitation or Referral Link is capable of attributing the same person, the most recent Invitation sent or Referral Link opened before that person creates their Daysync account is the one credited. Where the person creates their account without carrying an attribution token, the most recently sent Invitation to their signup address that is still within its Invite Window is credited.

6.2 Where a Referral is attributed to another Referrer under clause 6.1, you receive nothing in respect of that person, that outcome is final, and you will not be notified of it. The record of the attribution is retained by us for reconciliation purposes and is not disclosed.

6.3 Attribution attaches to the registered Daysync account, not to a device, browser, or app installation. Accordingly:

(a) downloading or installing the Daysync mobile application does not itself create attribution;

(b) attribution is preserved where the person later signs in to any Daysync surface with the same account; and

(c) where a person follows your Referral Link but completes registration, or signs in, using an unrelated account identity, the Referral is not effective for that account, no Commission is payable to you in respect of it, and attribution is not transferred merely because both accounts share a device or installation.

6.4 You acknowledge and agree that:

(a) attribution depends on technical systems operated by us and by third parties, and on the browsing environment and behaviour of the recipient;

(b) attribution may fail, in whole or in part, for reasons outside our control, including the use of tracker-blocking or privacy-enhancing browsers, browser storage restrictions, clearing of browser storage, private browsing, a change of device between opening the link and signing up, or signing up using an email address other than the address invited;

(c) where a person creates an account more than ninety (90) days after both the sending of your Invitation and the last opening of your Referral Link, no Referral is created and no notification is given;

(d) we will not retrospectively attribute a Referral that our systems did not record at the time the account was created, regardless of the reason, and no Commission is payable in respect of any person who is not so recorded; and

(e) our records of attribution are the sole and conclusive record for the purposes of these Terms, and our determination as to attribution is final. Link opening and click counts are recorded by us for security and reconciliation purposes and are not disclosed to Referrers.

6.5 You expressly waive any claim in respect of a Referral that is not attributed to you, including any claim arising from failed, absent, or competing attribution.

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7.1 A payment is a Qualifying Payment, and Commission accrues in respect of it, only where all of the following conditions are satisfied:

(a) the payment is a Cleared Payment in respect of an organisation created by the Referred User. If a Referred User never creates their own organisation, no Commission is payable to you in respect of them, regardless of any amount they spend within the Daysync Services;

(b) the payment cleared on or before the last day of that Referred User's Earning Window. No grace period applies, and a payment clearing after the Earning Window has ended accrues no Commission;

(c) the Referred User's account is attributed to you and has not been suspended, terminated, or reattributed; and

(d) the Referral was generated in compliance with these Terms and with all applicable laws.

7.2 Commission is calculated on the verified cleared amount actually received by us — not on list price, not on the headline value of any subscription, and not on any amount invoiced but unpaid. Discounts, promotional adjustments, credits, and partial payments reduce the commissionable amount proportionately. Taxes and payment processing fees are excluded.

7.3 Where a Referred User creates more than one organisation, Cleared Payments from every organisation they created within the Earning Window accrue Commission to you. A Referred User remains a single Referral for the purposes of clause 8 regardless of how many organisations they create.

7.4 A Referred User is treated as earning once they have created a Daysync account attributed to you, created their own organisation, and their first Cleared Payment on that organisation has been received. Until all three have occurred, the Referral accrues no Commission and does not count toward your Commission Rate under clause 8.

7.5 The Earning Window is fixed at the date the Referred User creates their account and is never extended, reset, or renewed, including by their subscribing later, by their creating a further organisation, or by any change to your Commission Rate.

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8.1 Your Commission Rate is determined by the number of your Referrals that are earning, as described in clause 7.4:

(a) 1 to 4 earning Referrals — ten per cent (10%);

(b) 5 to 9 earning Referrals — fifteen per cent (15%);

(c) 10 or more earning Referrals — twenty per cent (20%).

8.2 Twenty per cent (20%) is the maximum Commission Rate available under the Program. There is no rate above it.

8.3 Your Commission Rate applies across all of your Referrals from the date you reach the relevant band. It is not fixed per Referral.

8.4 Your Commission Rate never decreases. Once you have reached a band, that rate is permanent, even if your Referred Users subsequently cancel or every Earning Window expires. Because the number of currently earning Referrals shown to you may fall below the threshold for your rate, the two figures may differ; your rate is the highest band you have reached.

8.5 Commission is never re-rated. Each Qualifying Payment is commissioned once, at the Commission Rate in force on the date that payment cleared, and is then fixed. Reaching a higher band applies to payments clearing from that date forward only and does not increase Commission already accrued.

8.6 Example. You have one earning Referral, so your rate is 10%. That Referral's organisation has made $24.00 USD of Cleared Payments, so your Balance is $2.40 USD. You then refer four more people who begin earning, and your rate becomes 15%. Your Balance remains $2.40 USD — it does not become $3.60 USD. From that date, payments from all five Referrals accrue at 15%, each still limited to its own Earning Window.

8.7 We may set or adjust an individual Commission Rate at our sole discretion, including granting a rate higher than the band a Referrer has reached. Any such rate is granted on a revocable basis, applies prospectively only, and creates no precedent or entitlement.

8.8 We may vary the Commission Rates, the band thresholds, or the Earning Window in accordance with clause 19. Any variation applies prospectively only.

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9.1 All Commission and all Balances are denominated and paid in United States dollars (USD).

9.2 Where a Cleared Payment is received in a currency other than United States dollars, the Commission is converted at the rate we apply at the time the Commission accrues. That rate is fixed at accrual and is not recalculated at payout or at any later time, and you bear the risk of any subsequent movement in exchange rates.

9.3 Your Balance is the total Commission accrued to you less all Commission the subject of a payout request that has not failed. Any lifetime earnings figure displayed to you includes your current Balance.

9.4 A Balance is a contingent entitlement to payment on the terms of clause 10 only. It is not a deposit, is not money held on trust or on your behalf, bears no interest, is not transferable or assignable, is not redeemable for services or credit, and has no cash value except through a payout properly made under these Terms.

9.5 Figures shown in the Daysync Services are indicative and may be affected by processing timing, reconciliation, reversal, or error. Our accounting records prevail in the event of any discrepancy.

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10.1 Commission accrues automatically. Payment is made only on your request. There are no automatic or scheduled payouts. Requests are actioned by us manually.

10.2 PayPal is the only payout method. You must supply an email address associated with a PayPal account capable of receiving payments in United States dollars. You are solely responsible for the accuracy of that address and for the account being able to receive the payment, including any confirmation or verification PayPal requires.

10.3 A payout may be requested only where your Balance is $50.00 USD or more. Where your Balance is below that amount, no payout may be requested and the Balance is carried forward.

10.4 A payout is always your full Balance. Partial payouts are not available and the amount cannot be specified by you. The amount is determined by us at the time the request is made.

10.5 On making a request, the full amount is removed from your Balance and your Balance becomes $0.00 USD. Commission accruing while a request is in progress accrues to your new Balance and is not added to the request.

10.6 Only one payout request may be in progress at a time. A further request may not be made until the request in progress has been paid or has failed.

10.7 We aim to confirm the outcome of a payout request by email within five (5) business days of the request. This is a target and not a guarantee, and we are not liable for any delay.

10.8 Payment is made within ten (10) working days of a valid payout request. That period does not run while we are awaiting tax documentation under clause 11, or while a matter described in clause 10.13 is being resolved, and in either case we will tell you.

10.9 Failed and unclaimed payouts. Where a payout cannot be delivered — including where the PayPal address is incorrect, unconfirmed, or unable to receive the payment — the payout will not be completed. Where a payout remains unclaimed or undelivered for thirty (30) days, the full amount is returned to your Balance as it then stands and the request is marked as failed. You may then correct your details and make a new request. We are not liable for any loss arising from an incorrect or unconfirmed payout address.

10.10 Fees. Any transfer, conversion, intermediary, receiving, or withdrawal fee or charge imposed in connection with a payout, whether by PayPal, by a payment processor, or by any financial institution, is borne by you and may be deducted from or applied against the amount paid. The amount shown as your Balance is the amount before any such fee.

10.11 Payouts are made to you only. We will not make a payout to a third party or to an account not held by you.

10.12 Payouts are made net of any amount we are required to withhold under clause 11 or under any other applicable law.

10.13 We may delay, withhold, or refuse a payout where we consider it reasonably necessary to verify the integrity of Referrals, to investigate suspected breach of these Terms, to await the expiry of a refund or chargeback period applicable to the underlying Cleared Payments, to obtain tax documentation required under clause 11, or to comply with any legal obligation.

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11.1 Commission paid under the Program is income. You are solely responsible for determining, reporting, and paying all taxes, duties, levies, and similar charges imposed on you in respect of Commission received, and for any registration or reporting obligation arising in your jurisdiction.

11.2 If you are an Australian tax resident, you must declare that fact and provide a valid Australian Business Number (ABN) in order to withdraw. The ABN must be eleven (11) digits and must be valid. Your declaration and ABN are retained and applied to later payouts, and you must keep them accurate and current.

11.3 Withholding where no valid ABN is provided. Australian law requires a payer to withhold tax from a payment to an Australian resident who has not quoted a valid ABN. Accordingly, if you are an Australian tax resident and you have not provided a valid ABN, then to the extent we make any payment to you:

(a) we are required to withhold tax from that payment at the rate required by Australian law — currently the top marginal rate of forty-seven per cent (47%), or such other rate as the law requires from time to time — and to remit the withheld amount to the Australian Taxation Office;

(b) you will receive your Balance net of that withheld amount, and the withheld amount is not recoverable from us;

(c) the withheld amount is remitted on your behalf, and you may be able to claim a credit for it in your Australian income tax return; and

(d) providing a valid ABN before requesting a payout avoids the withholding entirely. The simplest course is to supply a valid ABN.

11.4 The test in clauses 11.2 and 11.3 is tax residency, not physical location. Working or touring outside Australia does not of itself change your Australian tax residency. If you are unsure of your tax residency, or of whether you are required to hold an ABN, you should obtain your own advice or contact us at [email protected].

11.5 Commission is expressed exclusive of goods and services tax (GST), value added tax (VAT), and any equivalent indirect tax. Where you are registered for GST in Australia and provide us with a valid tax invoice, we will pay GST in addition to the Commission in accordance with applicable law.

11.6 We may require you to provide any further tax documentation, declaration, or certification we reasonably consider necessary to comply with a withholding, reporting, or information-exchange obligation in any relevant jurisdiction, including a self-certification of tax residency or an equivalent of an Internal Revenue Service Form W-8BEN, W-8BEN-E, or W-9. We may withhold a payout until such documentation is provided, and we may withhold or deduct from a payout any amount we are required by law to withhold.

11.7 We do not provide tax advice, and nothing in these Terms or in the Daysync Services constitutes tax advice.

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12.1 We reserve the right to reverse, withhold, forfeit, or recover Commission where a payment on which that Commission accrued is refunded, reversed, charged back, disputed, cancelled, or otherwise returned in whole or in part, or where the payment is later found not to have been a Qualifying Payment.

12.2 Where the circumstances in clause 12.1 arise before the Commission has been paid to you, the corresponding Commission is reversed and deducted from your Balance, which may result in a reduced or nil Balance.

12.3 Where the circumstances in clause 12.1 arise after the Commission has been paid to you, the amount may, at our election, be deducted from Commission subsequently accruing to you, offset against any other amount payable to you, or reimbursed by you to us within fourteen (14) days of written demand.

12.4 An amount recoverable under this clause 12 is a debt due and payable by you to Daysync and may be recovered as such.

12.5 Our exercise, or non-exercise, of a right under this clause on any occasion does not waive or limit that right on any other occasion, and any forbearance is not a variation of these Terms.

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13.1 You must:

(a) at all times comply with these Terms, all applicable laws (including consumer protection, anti-spam, data protection, and intellectual property laws), and all written policies and guidelines we issue in connection with the Program;

(b) only promote the Daysync Services honestly and accurately, in a manner that is not misleading or deceptive and is consistent with the positioning and representations made by Daysync on its official channels;

(c) send Invitations only to people you actually know or to whom you have a genuine reason to recommend Daysync, and only where you are permitted to send them commercial electronic messages;

(d) clearly and conspicuously disclose your participation in the Program wherever required by law, including under the Australian Consumer Law, the endorsement guides of the United States Federal Trade Commission, and equivalent legislation in other jurisdictions;

(e) keep your Daysync account and your Referral Link secure and promptly notify us of any suspected unauthorised use; and

(f) cooperate with any reasonable request from us relating to the Program, including identity verification, tax documentation, and investigation of suspected misuse.

13.2 Your Referral Link is personal to you, is issued on a revocable basis, and may not be transferred, assigned, sold, rented, or sub-licensed to any third party without our prior written consent.

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14.1 You must not, directly or indirectly, and must not authorise or procure any other person to:

(a) create, generate, or attempt to generate a self-referral, including a Referral originating from you, from an account you control, from an entity controlled by or associated with you, or from a person acting in concert with you for the purpose of generating Commission;

(b) create or use multiple or duplicate Daysync accounts, disposable or aliased email addresses, synthetic identities, or automated means for the purpose of generating Referrals, advancing a Commission Rate, or otherwise obtaining a benefit under the Program;

(c) offer, share, rebate, pass through, or offset your Commission with or for the benefit of a Referred User, or otherwise incentivise a sign-up, except where we have expressly authorised it in writing;

(d) send unsolicited electronic communications, or post unsolicited content to forums, comment sections, social media groups, chat platforms, review sites, or similar venues, or engage in any conduct constituting "spam" under applicable law, including the Spam Act 2003 (Cth);

(e) bid on, purchase, or otherwise acquire paid search placements, social media advertising placements, or similar media targeting the terms "Daysync", "Daysync.com", "Daysync tour management", any misspelling, translation, or close variant of them, or any registered or unregistered trademark of Daysync;

(f) register, use, or control any domain name, sub-domain, social media handle, email address, or other identifier that incorporates the Daysync name or trademarks, or is confusingly similar to them;

(g) represent or imply that you are an employee, agent, partner, reseller, distributor, or official representative of Daysync, or that Daysync has endorsed, sponsored, or approved your business, website, or content beyond your participation in the Program;

(h) make any representation, warranty, or guarantee concerning the Daysync Services that is not expressly authorised by Daysync in its official marketing materials, including as to features, performance, pricing, availability, or roadmap;

(i) engage in cookie stuffing, typo-squatting, click fraud, forced-click mechanisms, iframe injection, adware, browser hijacking, or any other technical means designed to generate, manipulate, or misattribute a Referral;

(j) interfere with, probe, circumvent, or attempt to circumvent any attribution, validation, rate-limiting, eligibility, or payout control operated as part of the Program, or use the Invitation function to determine whether a given email address holds a Daysync account; or

(k) engage in any other conduct that, in our reasonable opinion, is contrary to the spirit of the Program, brings the Program or Daysync into disrepute, or is otherwise inconsistent with your obligations of good faith under these Terms.

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15.1 We operate the Program on the basis of good faith, genuine word-of-mouth recommendation by Referrers to people they actually know. We monitor Referrals, Invitations, and Commission activity for patterns inconsistent with that intent.

15.2 Without limiting clause 14, we consider the following to be indicative of prohibited conduct ("Suspicious Activity"):

(a) high volumes of Invitations, link openings, or Referrals from unrelated or geographically inconsistent sources within short periods;

(b) Referrals that subscribe and cancel, or that generate refunds, disputes, or chargebacks, at rates materially inconsistent with ordinary customer behaviour;

(c) patterns of account creation, organisation creation, or payment suggesting the use of automation, bots, synthetic identities, or disposable payment instruments;

(d) clustering of network addresses, devices, payment instruments, or billing details across a Referrer and their Referrals suggestive of coordination, collusion, or single-party control;

(e) organisation creation or payment activity that appears designed principally to satisfy the earning conditions in clause 7 or to advance a Commission Rate under clause 8, rather than to use the Daysync Services;

(f) use of Invitations or the Referral Link in conjunction with any scheme, arrangement, or technique — technical, commercial, or social — designed or tending to inflate Commission artificially, to exploit an edge case in attribution, accrual, or payout, or otherwise to extract Commission in a manner inconsistent with genuine promotion of the Daysync Services (collectively, "Fee Farming"); and

(g) any other activity that, in our reasonable opinion, indicates foul play, bad faith, or an intent to game or abuse the Program.

15.3 Where we identify, or reasonably suspect, Suspicious Activity or Fee Farming, we may, at our sole and absolute discretion and without prior notice:

(a) withhold or indefinitely delay payment of any affected Commission pending investigation;

(b) reverse any Commission already accrued or paid in respect of the affected Referrals;

(c) permanently forfeit any Commission we reasonably determine to be attributable to Suspicious Activity or Fee Farming, whether or not the underlying payment has been received by Daysync;

(d) disable your Referral Link, refuse or cancel Invitations, and suspend or terminate your participation in the Program in accordance with clause 16; and

(e) take any further action we consider necessary or appropriate, including referring the matter to law enforcement or commencing proceedings to recover amounts paid.

15.4 Our determination as to whether particular activity constitutes Suspicious Activity or Fee Farming is final and binding, subject only to your right to make written representations to us within fourteen (14) days of being notified of the determination. Commission forfeited under this clause 15 is forfeited absolutely and is not recoverable by you under any cause of action.

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16.1 You may stop participating at any time by ceasing to send Invitations and to share your Referral Link. You may also ask us in writing at [email protected] to disable your Referral Link. We will endeavour to action a written request within five (5) business days of receipt.

16.2 Stopping participation does not cancel a Referral already attributed to you. Commission continues to accrue on Qualifying Payments from your existing Referrals for the remainder of each applicable Earning Window unless we terminate your participation under clause 16.3.

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16.3 We may, at our sole and absolute discretion, at any time, with or without cause, and with or without prior notice to you:

(a) suspend or terminate your participation in the Program;

(b) disable, revoke, or reissue your Referral Link, and refuse or cancel any Invitation;

(c) withhold, reduce, reverse, or permanently forfeit any Commission accrued, credited, or otherwise payable to you where we reasonably believe it is associated with Suspicious Activity, Fee Farming, a breach of these Terms, or other conduct inconsistent with the integrity of the Program;

(d) suspend, vary, or discontinue the Program in whole or in part; and

(e) require the removal of any content, campaign, listing, or representation you have published in connection with the Program.

16.4 The rights in clause 16.3 are cumulative and in addition to any other right or remedy available to us at law or in equity. Their exercise does not waive any other right and does not give rise to any obligation to compensate you.

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16.5 On termination of your participation, or on discontinuance of the Program:

(a) you must immediately cease all use of your Referral Link, the Daysync name and trademarks, and all Program materials;

(b) Commission validly accrued and not forfeited under clause 15 or clause 16.3(c), and which has survived any applicable refund and chargeback period, may be requested as a payout in accordance with clause 10, including the minimum Balance requirement in clause 10.3. Where your Balance is below $50.00 USD at that time, no amount is payable to you; and

(c) you have no entitlement to Commission in respect of any payment made after the date of termination or discontinuance.

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16.6 Notwithstanding termination, discontinuance, or any request by you to be removed from the Program, we will retain records relating to Commission accrued, payouts made, tax declarations and ABN details, amounts withheld, and Program activity to the extent required by applicable taxation law (including the Income Tax Assessment Act 1997 (Cth), the Taxation Administration Act 1953 (Cth), and the A New Tax System (Goods and Services Tax) Act 1999 (Cth)), applicable financial reporting and record-keeping obligations, and any other legal or regulatory obligation to which we are subject. Such records are retained for the minimum period required by law and handled in accordance with our privacy policy. A request to be removed from the Program is not a right to erasure of records we are required by law to keep.

16.7 Clauses 6, 9, 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, and 23 survive termination of these Terms or of your participation in the Program.

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17.1 All intellectual property rights in the Daysync Services, the Daysync brand, the Program, and all related materials are and remain the exclusive property of Daysync and its licensors.

17.2 Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, royalty-free licence, for the period of your participation in the Program, to use the Daysync name, logo, and approved brand assets solely to promote the Daysync Services in a manner consistent with these Terms and any brand guidelines we issue.

17.3 We may revoke the licence in clause 17.2 at any time, in whole or in part, by notice to you. On revocation or on termination of your participation you must immediately cease all use of the licensed materials.

17.4 You must not acquire, register, or attempt to register any trademark, domain name, social media handle, or other identifier that consists of, incorporates, or is confusingly similar to any Daysync trademark.

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18.1 Participation in the Program involves the processing of personal information, including the email addresses of people you invite and the account information of Referred Users.

18.2 By sending an Invitation you confirm that you are permitted to provide us with the recipient's email address for the purpose of sending them an Invitation on your behalf. You must not submit an address you are not entitled to provide.

18.3 We record Invitations and Invitation attempts (including addresses submitted and the outcome), openings of Referral Links, and attribution outcomes, for the purposes of operating the Program, preventing and investigating misuse, and reconciling Commission. This information is handled in accordance with our privacy policy and retained for no longer than we consider reasonably necessary for those purposes or as required by law.

18.4 A token is stored in the recipient's browser when a Referral Link is opened, in order to attribute a Referral. Its handling is described in our cookie policy.

18.5 Each party must comply with all applicable data protection laws in relation to personal information processed in connection with the Program, including the Privacy Act 1988 (Cth) and, where applicable, the United Kingdom and European Union General Data Protection Regulations and equivalent laws in other jurisdictions.

18.6 You must not collect, store, process, or disclose personal information of prospective or actual Referred Users other than as strictly necessary for your participation in the Program, and must at all times handle such information in accordance with applicable law and with the Daysync privacy policy published at daysync.com.

18.7 We do not disclose to you the identity of any person who opened your Referral Link without signing up, any link or click counts, or the identity of any Referrer to whom a Referral was attributed instead of you.

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19.1 We may amend these Terms or the operation of the Program at any time. A material amendment to the Commission Rates, the band thresholds, the Invite Window, the Earning Window, the minimum payout Balance, or the payout method will take effect no earlier than thirty (30) days after we notify Referrers, whether by email, within the Daysync Services, or by publication of the amended Terms.

19.2 The length of the trial period referred to in clause 4.1, and any operational or technical parameter not listed in clause 19.1, may be varied by us at any time with immediate effect.

19.3 A change to a rate of tax or withholding required by law takes effect when the law requires, without notice under clause 19.1.

19.4 Commission accrued in respect of Qualifying Payments cleared before the effective date of an amendment is not affected by that amendment. Commission in respect of payments clearing on or after that date is calculated in accordance with the amended Terms.

19.5 Continued participation in the Program after notification of an amendment constitutes acceptance of the amended Terms. If you do not accept an amendment, your sole remedy is to stop participating in accordance with clause 16.1.

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20.1 You warrant and represent that:

(a) you have full legal capacity and authority to enter into and perform these Terms;

(b) your participation does not and will not breach any other agreement or obligation to which you are subject;

(c) all information you provide to us is true, accurate, complete, and not misleading, including any declaration of tax residency and any ABN; and

(d) you will comply with all applicable laws in connection with your participation in the Program.

20.2 Except as expressly set out in these Terms, and to the maximum extent permitted by law, the Program is offered on an "as is" and "as available" basis and Daysync makes no representation or warranty of any kind, express or implied, in connection with the Program, including as to merchantability, fitness for a particular purpose, availability, uninterrupted operation, accuracy or completeness of attribution or reporting, or the achievement of any particular financial outcome. No Commission, Referral, or level of earnings is promised or guaranteed.

20.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted, or modified by agreement.

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21.1 To the maximum extent permitted by law:

(a) Daysync's total aggregate liability to you under or in connection with these Terms or the Program, whether in contract, tort (including negligence), under statute, or otherwise, in any twelve (12) month period, is limited to the total Commission paid to you by Daysync in that period;

(b) Daysync is not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profits, loss of opportunity, loss of Commission resulting from failed, absent, or competing attribution, loss of goodwill, or loss of business, howsoever arising; and

(c) Daysync is not liable for any failure or delay in performance to the extent caused by events outside its reasonable control, including failures of third-party platforms, email providers, internet infrastructure, or payment processors.

21.2 Daysync is not liable for any amount withheld and remitted to a revenue authority in accordance with clause 11 or as otherwise required by law.

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22.1 You indemnify and hold harmless Daysync and its officers, employees, contractors, and related bodies corporate against all loss, damage, liability, cost, and expense (including reasonable legal fees on a solicitor-client basis) suffered or incurred by any of them arising out of or in connection with:

(a) any breach by you of these Terms;

(b) any Suspicious Activity, Fee Farming, or other fraudulent or unlawful conduct by you;

(c) any claim by a third party arising from your promotion, representation, or conduct in relation to the Daysync Services, including any claim arising from an Invitation you sent;

(d) any incorrect, incomplete, or misleading declaration of tax residency or ABN provided by you, including any penalty, interest, or shortfall amount assessed against Daysync as a result; and

(e) any breach by you of applicable law in connection with the Program.

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23.1 Relationship. You participate in the Program as an independent party. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship. You have no authority to, and must not purport to, bind Daysync, incur any obligation on its behalf, or make any representation, warranty, or commitment on its behalf.

23.2 Assignment. You must not assign, novate, or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms at any time on notice to you.

23.3 Notices. Notices under these Terms must be in writing and may be given by email to the email address on record for the relevant party. Notices to Daysync should be sent to [email protected].

23.4 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision is severed and the remainder of these Terms remains in full force and effect.

23.5 Waiver. No failure or delay by us in exercising any right or remedy under these Terms operates as a waiver of that right or remedy.

23.6 Force majeure. Daysync is not in breach of these Terms, nor liable for any delay or failure to perform, to the extent the delay or failure is caused by circumstances beyond its reasonable control.

23.7 Electronic acceptance. Acceptance of these Terms by electronic means, including by sending an Invitation, copying or sharing your Referral Link, or otherwise signifying agreement within the Daysync Services, has the same legal effect as acceptance by signature.

23.8 Interpretation. Headings are for convenience only and do not affect interpretation. A reference to a statute includes any amendment or replacement of it. A reference to a working day or a business day is a reference to a day other than a Saturday, Sunday, or public holiday in Perth, Western Australia. Where a monetary amount is expressed without a currency, it is expressed in United States dollars.

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24.1 These Terms are governed by and construed in accordance with the laws of Western Australia, Australia.

24.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the courts of appeal therefrom in respect of any dispute arising out of or in connection with these Terms or the Program.

Daysync PTY LTD ABN 16 677 972 333 Office 2, Level 4, 172 St Georges Terrace, Perth WA 6000 [email protected]