Terms of Service
Welcome to www.DigitalDarts.com.au (the “Site”), owned and operated by Tower of Power Pty Ltd (“Digital Darts” or “we” or “us” or “our”), a company incorporated in Queensland, Australia, with ACN 132 529 214 and ABN 27 132 529 214. By using the Site, or by installing, accessing or using any of our software applications or tools (each an “App”, described in Section 2), you agree to these Terms of Service (the “Agreement”). The Agreement includes our Privacy and Cookies Policy, any Data Processing Agreement entered into under Section 2, and any other notices we send to your registered email address or post on the Site. You are responsible for complying with the laws that apply to you. We may change this Agreement as described in Section 20; using the Site or the Apps after a change takes effect means you accept the modified terms.
Some features rely on third-party services with their own terms, which you may need to accept separately. The Site also links to websites we do not control; we are not responsible for their content, products or services, and a link is not an endorsement.
1. Membership
Some features of the Site require registering as a member (“you” or “Member”). You must be at least 18 years of age, and you may only use the Site and the Apps for business purposes. By using the Site or any App, you confirm that you are at least 18 and have the right, authority, and capacity to enter into this Agreement. Your membership is void where prohibited by law.
You must provide accurate, current and verifiable information when registering, and keep it updated. If information you give us is found, on reasonable grounds, to be inaccurate, outdated or incomplete, we may suspend or terminate your account and refuse current or future use of the Site.
Logo and Brand Usage Consent
By using our services or subscribing to our newsletter, you grant Digital Darts the right to use your company name and logo for promotional purposes, such as marketing materials, case studies, and our website, unless you withdraw this consent by written notice.
2. Apps and Tools
We publish software applications, extensions and tools, including applications distributed through third-party marketplaces such as the Shopify App Store, for example “Digital Darts: Hreflang Tags”, and other apps and tools we may make available from time to time (each an “App”). The following terms apply to all Apps, in addition to the rest of this Agreement. References in this Agreement to the Site include, where the context permits, the Apps.
(a) Acceptance. Installing, accessing or using an App constitutes your acceptance of this Agreement on behalf of yourself and, where applicable, the business or store on which the App is installed, and you warrant that you have authority to bind that business.
(b) License. Subject to your compliance with this Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your own internal business purposes on the stores or accounts on which it is installed. We and our licensors retain all right, title and interest in and to the Apps.
(c) Third-party platforms. Apps operate on third-party platforms such as Shopify under your separate agreement with the relevant platform. We do not control, and are not responsible for, the platform, including platform outages, API or policy changes, data handled by the platform, or actions the platform takes against your account.
(d) Fees and billing. Fees for an App are displayed in the App’s marketplace listing or within the App and are billed through the platform’s billing system, for example Shopify Billing, under the platform’s billing and refund mechanics. We may change App fees, plans and features from time to time; changes take effect as notified in the listing, within the App, or by email.
(e) Updates and changes. We may update, modify, suspend or discontinue any App, tool or feature at any time at our sole discretion. Where reasonably practicable, we will give notice of material reductions in functionality.
(f) Data and data processing. Our handling of information in connection with the Apps is described in our Privacy and Cookies Policy. Where we process personal data on your behalf in connection with an App and applicable data protection law requires a data processing agreement, our Data Processing Agreement applies and is incorporated into this Agreement in respect of that App. The Data Processing Agreement is available via https://www.digitaldarts.com.au/support.
(g) No outcome guarantee. Apps and tools that influence search-engine signals, including hreflang tags, provide signals that search engines may use or disregard at their sole discretion. We do not warrant any particular search ranking, indexing, crawling, traffic, conversion or revenue outcome from your use of any App.
(h) Termination and uninstall. You may stop using an App at any time by uninstalling it from your store or platform account, which ends your license to that App. Following uninstall, we will delete or de-identify data associated with your installation in accordance with our Privacy and Cookies Policy and, where applicable, the Data Processing Agreement. We may suspend or terminate your access to an App for the reasons set out in Section 3.
(i) Free tools and beta features. Apps, tools or features provided free of charge, or identified as beta, preview or experimental, are provided strictly “as is”, may be modified or withdrawn at any time without notice, and are excluded from any support or availability commitment.
3. Termination
This Agreement applies while you use the Site or any App. You may cancel your membership at any time via the contact form, and stop using any App at any time by uninstalling it as described in Section 2(h). We may suspend or cancel your account or access immediately and without prior notice for reasons including: (a) requests by law enforcement or other government agencies; (b) a request by you; (c) discontinuation of the service; (d) breach of this Agreement or related guidelines; (e) security or technical issues; (f) an extended period of inactivity; (g) fraudulent or illegal activity; or (h) failure to pay fees you owe.
Cancellations are made at our sole discretion, and we are not liable to you or any third party for cancellation of your account or access. Some provisions of this Agreement survive termination.
We may access and disclose your account information where required by law, or in a good-faith belief that doing so is reasonably necessary to comply with legal process, respond to your support request, or enforce this Agreement.
4. Fees and Payment
We may charge for use of the Site and the Apps, and may change displayed fees from time to time at our sole discretion. Fee changes will be notified on the Site, in the relevant App or its marketplace listing, and take effect immediately. If we terminate your access because you breached this Agreement, you are not entitled to a refund of any unused portion of subscription fees, and you authorize us to charge your payment method for any outstanding balance.
Fees for Apps distributed through a third-party marketplace are charged through that platform’s billing system as described in Section 2(d), and refund requests for those fees are handled under the platform’s billing and refund mechanics.
You warrant that you are authorized to use any payment method you provide, and you authorize us to charge it on a recurring basis for the services and memberships you engage.
5. Indemnity
You agree to indemnify and hold harmless Digital Darts and our affiliates, subsidiaries, agents, officers, partners and employees from any third-party claim or demand, including reasonable legal fees, arising out of your content, your use of or connection to the Site or any App, your breach of this Agreement, or your violation of another’s rights, whether you are a registered user or not.
6. Acceptable Use
Your access to the Site, the Apps and the services depends on your compliance with this Agreement. The following conduct may result in suspension or a permanent ban. You may not do, attempt to do, or help anyone else to do, any of the following:
I. Upload content that breaches these terms or is intended to harm or breach third-party rights;
II. Impersonate any person or organization you are not authorized to represent;
III. Provide false or incomplete information at registration or whenever we request information from you;
IV. Abuse, insult or bully our employees or other members;
V. Upload any media you do not own or hold a license to use;
VI. Breach this Agreement;
VII. Extract, mine, harvest or scrape data from the Site;
VIII. Frame or mirror the Site;
IX. Copy, reproduce or clone the Site, its contents, databases or trademarks without our written authorization;
X. Download parts of the Site, its platform, databases or media except as the Site allows;
XI. Introduce viruses, spyware, malware or other harmful software;
XII. Access the Site through a backdoor, create one, or access it as anything other than a regular user;
XIII. Place commercial links to third-party websites without our written authorization;
XIV. Reverse engineer, decompile, disassemble, copy, resell, sublicense, rent, lease or otherwise provide access to any App to a third party, abuse or overload any App’s interfaces or quotas, or use any App or its output to build or assist a product that competes with that App.
7. Monitoring User Activity
We may monitor, but are not obliged to monitor, content and activity on the Site, including content created or uploaded by users, to keep users within these terms. You remain solely responsible for complying with the laws and regulations that apply to you. If you become aware of another user breaching this Agreement or the law, please report it through our contact form.
8. Force Majeure
Digital Darts and our affiliates, directors, officers, agents, employees and representatives are not liable for, and are excused from, any delay or failure in performance caused by circumstances beyond our reasonable control. This includes labor disputes, government orders, acts of God, natural disasters, war, civil disturbance, terrorism, strikes, fire, equipment or software failure, telecommunications or internet outages, server failures, third-party platform or marketplace outages or changes, and failures of our third-party providers.
9. Section Headings
Section headings in this Agreement are for convenience only and do not affect the meaning or interpretation of any provision.
10. Assignment
You may not transfer this Agreement, or any rights or licenses granted under it, without our prior written consent. We may assign this Agreement to an affiliate, subsidiary or successor without notifying you in advance.
11. Trademarks
All marks, trademarks, images, logos and other registered material displayed on the Site or in the Apps are the exclusive property of Digital Darts, our licensees and/or affiliates. You may not reuse or benefit from this intellectual property or any other copyrighted material without our written permission.
12. Copyright Related Requests
We respect copyright. Send notifications of claimed copyright infringement through our contact form at https://www.digitaldarts.com.au/contact and include all of the following:
I. Specific identification of the material founding the claim, including at least the URL where the allegedly infringing material is found.
II. Your company affiliation if applicable, your mailing address, telephone number and, if available, email address.
III. Both of the following statements, verbatim: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” And “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
IV. Your full legal name and your electronic or physical signature.
We may be unable to process incomplete claims. We will respond to valid claims as soon as possible. If you file a wrongful or unfounded claim, we may seek recovery from you of our resulting costs, including reasonable processing and legal fees.
13. License
Subject to your compliance with this Agreement, Digital Darts grants you a limited, non-transferable, revocable and personal license to access the Site and its content for your own personal or internal business use. This license does not transfer any ownership rights or copyright to you. Content and media we deliver as part of our services remain the property of Digital Darts. The license to use any App is set out in Section 2(b) and is separate from the license in this Section.
14. Intellectual Property
All content displayed or performed on the Site or within any App, including trademarks, software, source code, text, images, videos, audio and photographs, is the exclusive property of Digital Darts and our partners and affiliates or, where applicable, of our licensors.
15. Governing Law
This Agreement is governed by the laws of the Commonwealth of Australia, and any dispute arising from it is subject to the jurisdiction of the courts, tribunals and other authorities of Queensland, Australia.
16. Translated Versions
If you read this Agreement in a language other than English, the English version governs over any translated version where they differ.
17. Limitation Of Liability
THE SITE, THE APPS, AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. DIGITAL DARTS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS AND DISCLAIMERS POSSIBLY DO NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE AND THE APPS IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF SEARCH RANKINGS OR TRAFFIC, AND UNDER NO CIRCUMSTANCE SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED AUSTRALIAN DOLLARS (AU$200.00) OR THE FEES YOU PAID TO US FOR THE APPLICABLE APP IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent that our liability for breach of any such non-excludable guarantee can be limited, our liability is limited, at our option, to the supply of the services again or the payment of the cost of having the services supplied again. The disclaimers, exclusions and limitations in this Agreement apply only to the maximum extent permitted by applicable law.
18. Waiver
THE SERVICES AVAILABLE TO USERS ON THE WEBSITE OR THROUGH ANY APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND DIGITAL DARTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, REGARDING THE TIMELINESS, SUITABILITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES WILL REMAIN SOLELY WITH YOU, THE USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. Severability
If any provision of this Agreement is found unlawful, void or unenforceable, that provision is severed from the Agreement and the remaining provisions stay in force.
20. Complete Agreement and Modifications
These terms are the complete agreement between you and Digital Darts and supersede all prior understandings and negotiations on their subject. They do not create or confer any third-party beneficiary rights. We may change, amend or modify this Agreement at any time at our sole discretion. If we make changes, we will provide notice, such as by sending a notification, posting a notice on the services, or updating the “Last Updated” date below. Your continued use of the services after a change takes effect confirms your acceptance of the revised Agreement. If you do not agree to the amended Agreement, you must stop using the Site and the Apps.
Last updated: 11 June 2026.