TBA OS Terms of Use

Effective Date: 11 August 2026

These Terms of Use (Terms) govern access to and use of TBA OS™ (TBA OS, Platform, Service).

TBA OS is provided by The Trustee for Olivia Jenkins Consulting Trust (ABN 61 248 361 354) (OJC, we, us, our).

By creating an account and selecting “I agree to the TBA OS Terms of Use and Privacy Policy” during onboarding, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, you must not access or use TBA OS.

1. About TBA OS

TBA OS is a business operating platform designed primarily for business owners, consultants and service-based businesses.

Depending on your membership, subscription, plan and the features available at the relevant time, TBA OS may provide access to tools and functionality including:

business dashboards and scorecards;
business planning and roadmap tools;
financial and profitability tools;
marketing, lead generation and sales calculators;
time, capacity and delegation tools;
business audits;
document storage;
benchmarking and analytics;
integrations with third-party platforms;
artificial intelligence and AI-generated recommendations;
personalised business insights;
member, team or advisor functionality; and
other features we introduce from time to time.

TBA OS is intended for business use only.

You must be at least 18 years old to create or use an account.

2. TBA Members and Standalone Subscribers

Access to TBA OS may be:

(a) included as part of an active The Business Advisory™ membership;

(b) purchased separately as a standalone TBA OS subscription; or

If TBA OS access is included with your TBA membership, your access ordinarily ends when your membership ends unless you subsequently purchase a standalone TBA OS subscription or we otherwise agree to continue your access.

Former TBA members may be offered the opportunity to retain or reactivate TBA OS through a paid standalone subscription.

Standalone access may also be offered to people who are not members of The Business Advisory™.

3. Relationship With Other Agreements

If you are a member of The Business Advisory™, these Terms operate alongside your applicable membership agreement.

Your membership agreement governs matters relating primarily to:

your TBA membership;
advisory services;
membership fees;
membership term; and
other membership-specific rights and obligations.

These Terms govern matters relating primarily to:

use of TBA OS;
accounts and platform access;
technology;
data;
AI functionality;
software;
platform intellectual property; and
acceptable use.

If there is an inconsistency, the membership agreement prevails in relation to membership, fees and advisory services, while these Terms prevail in relation to use of TBA OS, technology, data and platform intellectual property, to the extent reasonably necessary to resolve the inconsistency.

4. Plans, Pricing and Order Terms

Specific commercial terms may be displayed:

at checkout;
on an order form;
within a subscription offer;
in a proposal;
in a membership agreement; or
through another written offer accepted by you.

These may include:

price;
billing frequency;
minimum commitment period;
included users or seats;
usage limits;
AI usage allowances;
features;
subscription tier; and
other plan-specific conditions.

Those terms form part of your agreement with us.

If there is an inconsistency between these Terms and specific commercial terms expressly agreed for your subscription, the specific commercial terms prevail in relation to that commercial issue.

5. Accounts and Security

You are responsible for:

providing accurate account information;
keeping your login credentials secure;
preventing unauthorised access to your account;
promptly notifying us if you suspect unauthorised access or a security incident; and
ensuring your use of TBA OS complies with these Terms.

You must not share login credentials with another person unless we expressly permit shared or delegated access.

Where a plan permits team access:

each authorised user must use their own account or login;
access is limited to the number of seats included in the relevant plan;
the primary account holder is responsible for users they invite;
the primary account holder must promptly remove users who are no longer authorised; and
use by an authorised user is treated as use under the primary account holder’s subscription.

6. Business Data and User Content

You retain ownership of the business information, documents, text and other content you submit to TBA OS (User Content).

This may include commercially sensitive information such as:

revenue;
cash and financial metrics;
pricing;
profit;
client and sales information;
pipeline data;
marketing performance;
business plans;
roadmaps;
scorecards;
documents;
business targets; and
data obtained through authorised third-party integrations.

You grant us a non-exclusive licence to host, store, copy, process, analyse, transmit and otherwise use your User Content to the extent reasonably necessary to:

provide TBA OS;
provide your TBA advisory services where applicable;
operate and secure the Platform;
generate calculations, recommendations and insights;
administer your account;
provide support;
perform analytics;
maintain records; and
exercise our rights under these Terms.

You remain responsible for deciding what information you enter, upload or connect to TBA OS.

7. Your Responsibility for Uploaded Information

You must have all rights, permissions and authority necessary to provide any information or content you upload or connect to TBA OS.

You must not knowingly upload, submit or transmit:

unlawful material;
malicious code or files;
material that infringes another person’s intellectual property;
confidential information belonging to another person where you are not authorised to disclose it; or
information obtained or disclosed in breach of law or contractual obligations.

TBA OS is designed to process commercially sensitive business information. This clause does not prohibit you from entering the financial, operational, sales, marketing or other business information reasonably required to use the Platform.

8. Accuracy of Your Data

You are responsible for ensuring information you enter into TBA OS is reasonably accurate, complete and current.

Calculations, recommendations, forecasts, reports and other outputs may be affected by inaccurate, incomplete or outdated information.

Data received from third-party integrations may also:

be delayed;
be incomplete;
contain errors;
be categorised differently between systems; or
become temporarily unavailable.

You should verify critical information before making material financial, commercial, employment or other business decisions.

9. Aggregated and De-Identified Data

We may create aggregated, statistical and/or de-identified information derived from data processed through TBA OS.

Where information has been appropriately de-identified so that it does not reasonably identify you or your business, we may use and retain that information for purposes including:

benchmarking;
research;
industry analysis;
product development;
product improvement;
AI and analytics development;
performance analysis;
identifying business trends;
improving TBA methodologies and frameworks; and
creating aggregate reports or insights.

De-identified and aggregated data may be retained indefinitely.

You acknowledge that the ability to analyse patterns across users is a feature of the TBA OS model.

10. Benchmarking

TBA OS may provide benchmarks or comparisons based on aggregated and de-identified information from multiple businesses or other appropriate datasets.

Benchmarks:

are indicative only;
may be based on limited sample sizes;
may not reflect businesses identical to yours;
may change as the dataset grows;
are not guarantees or predictions of your results; and
should be considered alongside your own circumstances and professional judgment.

We may set minimum cohort sizes or other thresholds before displaying benchmark information.

We may withhold, combine or limit benchmark information where we consider the sample size insufficient to provide meaningful information or adequately protect confidentiality.

11. Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party.

Confidential information does not include information that:

is publicly available other than through a breach of confidentiality;
was already lawfully known to the receiving party;
was independently developed without use of the confidential information;
was lawfully received from another source; or
must be disclosed by law, regulation or court order.

We may disclose confidential information to our authorised:

employees;
advisors;
contractors;
developers;
technology providers;
professional advisers; and
service providers,

where access is reasonably required to provide, administer, secure or support TBA OS or related TBA services, provided appropriate confidentiality obligations apply.

12. Intellectual Property

Except for User Content, all rights in TBA OS and its underlying materials belong to us or our licensors.

This includes rights in:

software;
interfaces;
designs;
dashboards;
methodologies;
frameworks;
scorecards;
calculators;
audit tools;
formulas and structures;
templates;
prompts;
system instructions;
AI workflows;
benchmark methodologies;
databases and database structures;
written content;
training materials;
processes;
product architecture;
trade marks;
brands; and
other proprietary materials.

Your subscription gives you a limited, revocable, non-exclusive, non-transferable right to use TBA OS for your own internal business purposes while you have valid access.

It does not transfer ownership of TBA intellectual property to you.

13. AI Outputs and Personalised Materials

Where TBA OS generates personalised recommendations, plans, reports, summaries, calculations or other outputs using your data, you may use those outputs internally in your own business.

However, we retain ownership of the underlying:

TBA methodologies;
frameworks;
system prompts;
prompt architecture;
reusable logic;
algorithms;
benchmark models;
templates;
workflows; and
intellectual property used to generate them.

Personalisation of an output using your business data does not give you ownership of our underlying systems or methodology.

14. Prohibited Use

You must not, without our prior written permission:

copy or substantially reproduce TBA OS;
scrape or systematically extract content or data;
reverse engineer the Platform;
attempt to extract system prompts or hidden instructions;
bypass security controls or usage limits;
probe or interfere with the Platform’s infrastructure;
introduce malicious code;
access another user’s account or data;
share or resell account access;
reproduce or distribute proprietary TBA materials;
sell, sublicense or commercially exploit TBA OS;
create derivative products substantially based on TBA proprietary materials;
use TBA materials to create a competing advisory product;
use TBA OS content or proprietary materials to train, fine-tune or build a competing AI model, dataset or software platform;
white-label TBA OS or its outputs;
represent TBA OS outputs as advice endorsed or reviewed by us for your own clients;
represent yourself as our agent, representative or authorised advisor; or
use TBA OS for unlawful, fraudulent or abusive purposes.

You may use outputs appropriately within your own business, but may not resell or sublicense TBA OS as a service to your clients unless we separately license you to do so in writing.

15. Artificial Intelligence

TBA OS may use artificial intelligence provided by us and/or third-party AI providers.

AI-generated information may be:

incorrect;
incomplete;
outdated;
imprecise;
based on imperfect assumptions;
affected by incomplete data;
unsuitable for your circumstances; or
otherwise unreliable.

AI outputs are provided as decision-support tools only.

You are responsible for exercising human judgment and independently reviewing important recommendations before acting on them.

AI outputs do not constitute legal, taxation, accounting, financial, investment, employment, medical or other regulated professional advice.

You must obtain appropriately qualified professional advice where necessary.

16. No Professional Advice or Guaranteed Results

TBA OS provides business tools, educational material, strategic frameworks, calculations, information and decision-support functionality.

Unless expressly agreed otherwise in a separate professional engagement, nothing produced through TBA OS constitutes professional legal, accounting, taxation, investment or financial advice.

We do not guarantee:

revenue;
profit;
sales;
leads;
business growth;
savings;
client acquisition;
business performance;
achievement of business targets; or
any particular commercial outcome.

Business performance depends on numerous matters outside our control, including your implementation, decisions, circumstances and market conditions.

17. Third-Party Services and Integrations

TBA OS may integrate with or rely upon third-party services.

These may include financial platforms, payment providers, CRMs, calendars, communications platforms, AI providers, infrastructure providers and other software services.

By choosing to connect a third-party service, you authorise us to exchange data with that service to the extent reasonably required to provide the connected functionality.

Third-party services are governed by their own terms and privacy practices.

We do not control third-party platforms and cannot guarantee their:

availability;
accuracy;
continued compatibility;
security;
functionality;
APIs; or
continued existence.

We may add, replace, modify or discontinue integrations where reasonably necessary.

A feature may become unavailable or function differently where a third-party service changes, restricts or discontinues its technology.

18. Availability and Platform Changes

We do not guarantee uninterrupted or error-free availability of TBA OS.

The Platform may occasionally be unavailable due to:

maintenance;
upgrades;
security work;
technical failures;
third-party outages;
internet failures; or
circumstances outside our reasonable control.

We will use reasonable efforts to maintain the Platform, restore affected services and minimise unnecessary disruption.

We may improve, modify, replace, add or remove features over time.

Where a change materially reduces a core paid functionality, we will act reasonably in implementing the change and, where appropriate, provide notice.

19. Beta and Experimental Features

We may make beta, preview, experimental or early-access functionality available from time to time.

Such features may:

contain errors;
be incomplete;
perform unpredictably;
change without notice;
have limited support; or
be withdrawn.

We may invite selected users to participate in product testing.

Unless expressly agreed otherwise, participation does not entitle a user to payment, intellectual property rights or ongoing access to the feature.

20. Feedback

If you provide ideas, suggestions, recommendations or feedback relating to TBA OS, you grant us the right to use, adapt, develop, incorporate, commercialise and otherwise exploit that feedback without:

payment;
attribution;
restriction; or
conferring ownership rights in resulting products or improvements upon you.

This clause does not transfer ownership of your confidential User Content.

21. Usage Monitoring

We may collect and analyse information about the use of TBA OS for purposes including:

platform security;
preventing misuse;
technical support;
troubleshooting;
system performance;
feature usage;
product analytics;
understanding adoption;
improving user experience; and
developing TBA OS.

Our handling of personal information is addressed further in our Privacy Policy.

22. Communications and Marketing

By creating and maintaining a TBA OS account, you agree that we may send you communications relating to:

account administration;
billing;
security;
platform operation;
product updates;
educational material;
TBA OS functionality;
The Business Advisory™;
events and workshops;
offers;
advisory services; and
other relevant products or promotions.

You may unsubscribe from marketing communications using the unsubscribe mechanism provided.

Unsubscribing from marketing does not prevent us from sending communications reasonably necessary to administer an active account, subscription or service.

Australian commercial electronic messages generally require consent and a functional unsubscribe mechanism, so keeping this distinction is important.

23. Subscriptions, Payments and Renewal

Where you purchase standalone TBA OS access:

fees are payable in accordance with your selected plan;
your minimum commitment period is the period shown in the relevant plan, checkout or order form;
recurring subscriptions renew automatically unless cancelled in accordance with the applicable subscription terms;
you authorise recurring charges using your nominated payment method where applicable; and
you are responsible for amounts properly due under your subscription.

If payment fails, we may make reasonable attempts to collect payment and may suspend access while an amount remains overdue.

Where you cancel a recurring subscription, access ordinarily continues until the end of the period already paid for unless otherwise stated.

24. Pricing and Plan Changes

We may change subscription pricing, features, limits or plan inclusions.

Where a price change applies to an existing recurring standalone subscription, we will generally notify you before it takes effect and apply the new price from a future billing period.

Material changes to an existing paid plan may also be notified before taking effect.

Nothing in this clause limits rights that cannot lawfully be excluded.

25. Refunds

Except where required by law, payments are not refundable merely because:

you change your mind;
you stop using TBA OS;
you fail to use included features; or
your circumstances change.

We may provide a refund, credit or other remedy in exceptional circumstances at our discretion.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law. Australian consumer guarantees cannot simply be removed by contract where they apply.

26. Promotional, Trial and Complimentary Access

We may offer free trials, promotional access or complimentary access on conditions we determine.

Such access may:

have reduced functionality;
contain usage limits;
have different conditions;
be limited to a particular period; or
be withdrawn when the applicable period ends.

We will not convert free access into a paid subscription unless you have agreed to the relevant billing arrangement.

27. Suspension and Termination

We may suspend or terminate access where reasonably necessary because of:

non-payment;
a material breach of these Terms;
unlawful use;
fraud;
abuse;
intellectual property infringement;
unauthorised access;
a threat to platform security;
harm to other users;
misuse of confidential information; or
legal or regulatory requirements.

Where a breach is reasonably capable of being remedied, we may provide an opportunity to remedy it.

However, we may suspend access immediately where we reasonably consider immediate action necessary to protect:

TBA OS;
our systems;
another user;
confidential information;
intellectual property;
security; or
compliance with law.

28. Data Following Termination

TBA OS does not provide or promise a user-facing export feature.

You are responsible for retaining copies outside TBA OS of information you require for your own records.

When access ends, we may retain identifiable account and historical information for as long as reasonably necessary for:

legal obligations;
accounting;
record keeping;
security;
dispute management;
operational purposes;
administration;
potential account reactivation; and
other legitimate business purposes.

Where appropriate, we may subsequently de-identify information and retain the de-identified version indefinitely for benchmarking, analytics, research and product improvement.

These Terms do not create a separate contractual right to deletion beyond any rights you may have under applicable law or our Privacy Policy.

29. Returning Users

If a former member or subscriber later rejoins or resubscribes, we will use reasonable efforts to restore historical TBA OS account information where it remains available and technically practicable.

We do not guarantee:

permanent preservation of an inactive account;
indefinite storage of identifiable information;
restoration of every historical record; or
compatibility of historical information with future versions of TBA OS.

30. Publicity and Testimonials

We may use aggregated or de-identified information, outcomes and statistics in accordance with these Terms.

We will not use an identifiable user’s:

name;
business name;
logo;
testimonial;
specific identifiable result; or
identifiable case study

for promotional purposes without appropriate permission.

31. No Fiduciary or Other Special Relationship

Use of TBA OS does not create a:

fiduciary relationship;
partnership;
joint venture;
employment relationship;
agency relationship; or
other relationship of special trust or responsibility,

except to the extent expressly agreed in a separate written agreement.

TBA OS does not create an obligation for us to:

continuously monitor your business;
identify every business risk;
detect every anomaly;
warn you about every issue;
review every decision; or
intervene where your business is underperforming.

Any proactive alerts or recommendations are features of the Platform, not an assumption of a general duty to monitor your affairs.

32. Disclaimer

To the maximum extent permitted by law, TBA OS is provided on an “as available” basis.

We do not warrant that:

every feature will always be available;
every calculation will be error-free;
every integration will remain operational;
every AI output will be accurate;
every benchmark will be applicable to you; or
the Platform will meet every individual business requirement.

Nothing in this section excludes rights that cannot legally be excluded.

33. Limitation of Liability

To the maximum extent permitted by law, we exclude liability for indirect, incidental, special or consequential loss arising from or relating to TBA OS.

This includes, to the extent permitted by law:

loss of profit;
loss of revenue;
loss of opportunity;
loss of anticipated savings;
loss of goodwill;
business interruption;
loss arising from business decisions;
loss arising from reliance on AI outputs;
loss arising from benchmark comparisons;
loss arising from incorrect user data;
loss arising from third-party services;
loss resulting from third-party outages; and
loss of data where caused by matters outside our reasonable control.

To the maximum extent permitted by law, our aggregate liability arising from TBA OS will be limited to the greater of:

(a) the amount paid by you specifically for standalone TBA OS access during the 12 months immediately preceding the event giving rise to the claim; or

(b) where TBA OS was provided as part of another paid TBA service and no separate TBA OS fee was charged, the portion of fees reasonably attributable to TBA OS during that period,

unless a different limitation is required by law.

Nothing in these Terms excludes liability or rights to the extent that doing so would be unlawful.

34. Indemnity

To the maximum extent permitted by law, you indemnify us against loss, liability, cost or third-party claims to the extent caused by:

your material breach of these Terms;
your unlawful use of TBA OS;
your infringement of another person’s intellectual property;
your unauthorised disclosure of confidential information;
information you submit without appropriate authority;
your misuse of a third-party integration;
misuse of business or client data;
your unauthorised resale, sublicensing or white-labelling of TBA OS;
representations you make to your own clients concerning TBA or TBA OS; or
your acts or omissions in using TBA OS in dealings with a third party.

This indemnity does not apply to the extent a loss was caused by our own unlawful conduct, negligence or breach where liability cannot lawfully be excluded.

35. Force Majeure

We are not liable for delay or failure to perform an obligation to the extent caused by circumstances outside our reasonable control.

These may include:

natural disasters;
fire;
flood;
epidemic or pandemic;
war;
civil disturbance;
government action;
utility failure;
telecommunications failure;
widespread internet failure;
cyberattack;
infrastructure failure;
third-party service failure; or
other comparable events outside our reasonable control.

Affected obligations may be suspended for the duration of the event where appropriate.

36. Changes to These Terms

We may amend these Terms from time to time by publishing an updated version.

The updated Terms will state their effective date.

Your continued use of TBA OS after updated Terms take effect constitutes acceptance of those Terms, subject to applicable law.

Where law requires a different form of notice or consent for a particular change, we will comply with that requirement.

37. Dispute Resolution

If a dispute arises relating to TBA OS or these Terms, the parties should first attempt to resolve it through good-faith discussions.

If the dispute cannot be resolved through negotiation, either party may request mediation with an independent mediator agreed between the parties.

If the parties cannot agree on a mediator, an appropriate mediator may be appointed through a recognised mediation body in South Australia.

If mediation does not resolve the dispute, either party may pursue available legal remedies.

Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief, including where necessary to protect intellectual property, confidential information or platform security.

38. Governing Law

These Terms are governed by the laws of South Australia, Australia.

Subject to the dispute-resolution process above, the parties submit to the jurisdiction of the courts of South Australia and courts entitled to hear appeals from them.

39. Assignment

You must not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights or obligations in connection with:

a business restructure;
change of trustee or operating structure;
merger;
acquisition;
sale of TBA OS;
sale of all or part of the relevant business; or
other legitimate corporate or business reorganisation,

subject to applicable law.

40. Severability

If any provision of these Terms is invalid, illegal or unenforceable, that provision will be read down to the minimum extent necessary where possible.

If it cannot be read down, it will be severed.

The remaining provisions continue in effect.

41. Waiver

A failure or delay by us in exercising a right under these Terms does not constitute a waiver of that right.

A waiver is effective only to the extent expressly given.

42. Entire Agreement

These Terms, together with:

the Privacy Policy;
applicable checkout or order terms;
applicable plan terms; and
where relevant, your TBA membership agreement,

constitute the agreement relating to your use of TBA OS.

They supersede prior representations or discussions concerning the Platform to the extent permitted by law.

43. Contact

Questions regarding these Terms or TBA OS may be directed to:

Email: management@thebusinessadvisory.com.au

Entity: The Trustee for Olivia Jenkins Consulting Trust
ABN: 61 248 361 354
Australia