Agreement to These Terms
These Terms of Service ("Terms") govern your access to and use of the ProductQuant website, tools, free resources, and consulting services (collectively, the "Services"). By accessing the website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
Scope of Services
ProductQuant provides growth consulting services as described in individual engagement agreements. Content published on this website, including frameworks, case studies, and blog posts, is informational only and does not constitute a guarantee of specific results.
Engagement Terms
Each engagement is governed by a separate Statement of Work (SOW). The SOW defines scope, timeline, deliverables, and fees for the engagement. Any changes to scope require written agreement from both parties.
Payment Terms
Payment terms are specified in each SOW. Invoices are due within 30 days of issue unless otherwise agreed in writing. Late payments may incur reasonable fees as outlined in the SOW.
Intellectual Property
All deliverables produced specifically for the Client under a Statement of Work are owned by the Client upon full payment of fees. ProductQuant retains ownership of all pre-existing intellectual property, tools, methodologies, frameworks, and know-how used in performing the Services, and licenses these to the Client for their use of the deliverables.
Portfolio license. The Client grants ProductQuant a non-exclusive, worldwide, perpetual, royalty-free license to display, describe, and reference the deliverables (including public-facing results, metrics, or testimonials) in ProductQuant's portfolio, marketing materials, website, case studies, and proposals, and to use the Client's name and logo to identify the Client as a customer. This license does not extend to information the Client has specifically designated as confidential in writing. ProductQuant will not display any non-public metrics, internal data, or proprietary information without the Client's prior written consent.
Confidentiality
Both parties agree to protect confidential information shared during the engagement. Client data, business metrics, and strategic information are treated as confidential. A formal NDA is available upon request.
Acceptable Use
You agree not to, and not to permit any third party to:
- Use the Services, website, or any deliverables for any unlawful purpose or in violation of any applicable local, national, or international law;
- Upload, transmit, or distribute any viruses, malware, or harmful code;
- Attempt to gain unauthorized access to ProductQuant's systems, networks, or data;
- Use any automated means (scrapers, bots, crawlers) to access or collect data from the website or Services without express written permission;
- Interfere with or disrupt the integrity or performance of the Services;
- Harass, abuse, or harm ProductQuant personnel or other clients;
- Use the Services to send unsolicited communications (spam);
- Reverse engineer, decompile, or disassemble any software provided by ProductQuant, except to the extent expressly permitted by applicable law.
Limitation of Liability
General limitation. To the maximum extent permitted by applicable law, ProductQuant's total liability for any claim, loss, or damage arising out of or relating to these Terms, any Statement of Work, or any Services provided under them, whether in contract, tort (including negligence), statute, or otherwise, is limited to the fees paid by the Client to ProductQuant for the specific engagement giving rise to the claim during the 12 months preceding the event giving rise to the claim.
Exclusions. Neither party excludes or limits liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) breach of applicable data protection law (including the GDPR, UK GDPR, CCPA/CPRA, Quebec Law 25, the Australian Privacy Act, the Singapore PDPA, and the Israeli Privacy Protection Law); or (d) any liability that cannot be lawfully excluded or limited under applicable law, including the Australian Consumer Law.
No consequential loss. To the maximum extent permitted by applicable law, in no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business interruption, even if advised of the possibility of such damages.
Severability. If any part of this limitation is found unenforceable in any jurisdiction, the remainder continues in full force, and the unenforceable part will be modified to the minimum extent necessary to make it enforceable.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights, guarantees, or remedies under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot be excluded by agreement. If any provision of these Terms would contravene the Australian Consumer Law, that provision is severable and the remainder of these Terms remain in full effect.
Our Services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with a service, you are entitled to cancel your contract with us and to a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have it rectified in a reasonable time and, if it is not, to cancel the contract and obtain a refund for the unused portion.
Termination
Either party may terminate an engagement with 30 days' written notice. The Client pays for all work completed through the termination date. Deliverables completed prior to termination belong to the Client.
Governing Law and Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to them, whether in contract, tort, statute, or otherwise, are governed by the laws of Tasmania, Australia, without regard to its conflict-of-laws principles.
Any dispute arising out of or relating to these Terms will first be referred to mediation under the Australian Mediation Association (AMA) rules, with the mediator appointed by the AMA. If the dispute is not resolved through mediation within 30 days of the mediator's appointment, either party may refer the dispute to the courts of Hobart, Tasmania, Australia, which will have exclusive jurisdiction. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction. Where required by applicable law, international clients may specify an alternative governing law and venue in their SOW.
Privacy
Your use of the website and Services is governed by our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms. By using the Services, you acknowledge the data processing practices described in those policies.
Changes to These Terms
ProductQuant may revise these Terms from time to time. Revised Terms will be posted at https://productquant.dev/terms with an updated effective date. For existing clients with active engagements, ProductQuant will provide notice of material changes via email at least 30 days before the revised Terms take effect. If you do not agree to the revised Terms, you may terminate the affected engagement without penalty within 30 days of receiving notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
Contact
For questions about these Terms, contact us at [email protected].
ProductQuant, 28 Fraser Street, West Launceston, Tasmania 7250, Australia.