DISBURSE

Terms of Service

Last updated: May 2026

These Terms of Service ("Terms") govern access to and use of Disburse, including the Disburse website, software, application programming interfaces ("APIs"), MCP services, search functionality, data, documentation and related products and services (collectively, the "Services").

The Services are provided by Profitate Pty Ltd trading as Disburse ("Disburse", "we", "us" or "our").

By creating an account, purchasing a Subscription, accessing or using the Services, or clicking a button or checkbox indicating acceptance of these Terms, you agree to be bound by these Terms.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, "Customer", "you" and "your" refer to that entity.

The Services are intended for business and professional use only and are not intended for personal, family or household use.

1. Definitions

1.1 Applicable Law

"Applicable Law" means any law, regulation, regulatory requirement or legally binding rule applicable to a party or its activities under these Terms, including applicable privacy, data protection, direct marketing, spam, telemarketing, consumer protection and intellectual property laws.

1.2 Customer Data

"Customer Data" means information, content, search queries, files or other materials submitted to the Services by or on behalf of Customer, excluding Usage Data.

1.3 Disburse Technology

"Disburse Technology" means the Services and all software, APIs, MCP infrastructure, algorithms, search functionality, models, systems, databases, interfaces, documentation, designs, processes and technology used to provide the Services.

1.4 Licensed Data

"Licensed Data" means contact, professional, company, business, employment, firmographic, demographic, derived, inferred, enriched or other information made available through the Services.

1.5 Subscription

"Subscription" means the plan selected by Customer through the Disburse website or platform, including its stated price, billing frequency, features and any applicable usage allowances.

1.6 Subscription Term

"Subscription Term" means the period for which Customer has subscribed to a paid Subscription, including any renewal period.

1.7 Usage Data

"Usage Data" means technical, operational, statistical and analytical information concerning use and performance of the Services, excluding Customer Data in a form that identifies Customer or an individual.

2. Accounts and eligibility

2.1 Account information

Customer must provide accurate, complete and current account and billing information.

Customer is responsible for maintaining the confidentiality and security of its account credentials, passwords, API keys and access tokens.

Customer is responsible for activity occurring through its account except to the extent caused directly by Disburse's breach of its security obligations.

2.2 Authorised users

Customer may permit its employees and contractors to use the Services for Customer's internal business purposes, subject to any user limits applicable to its Subscription.

Customer is responsible for its authorised users' compliance with these Terms.

Customer must not sell, rent, sublicense, share or otherwise make its account, API keys or credentials available to unrelated third parties.

2.3 Business use

The Services are provided primarily for business-to-business and professional use.

Customer must not use the Services for purely personal, domestic or household purposes.

3. Access to the Services

3.1 Right to use the Services

Subject to these Terms and payment of applicable fees, Disburse grants Customer a limited, non-exclusive, non-transferable and non-sublicensable right during the Subscription Term to access and use the Services for Customer's internal business purposes.

No ownership interest in the Services or Disburse Technology is transferred to Customer.

3.2 APIs and MCP services

Where Customer accesses the Services through an API, MCP service or other programmatic interface, Customer must comply with applicable technical documentation, authentication requirements, rate limits and usage restrictions.

Customer must implement reasonable security measures to prevent unauthorised use of its credentials.

Disburse may change, limit or disable API or MCP access where reasonably necessary for security, system integrity, abuse prevention, legal compliance or protection of the Services.

3.3 Availability

Disburse does not guarantee that the Services will be continuously available, uninterrupted or error-free.

Unless Disburse expressly agrees otherwise in writing, no service level agreement or uptime commitment applies.

Disburse may perform maintenance, updates and modifications to the Services from time to time.

4. Licensed Data

4.1 Licence

Subject to these Terms, Disburse grants Customer a limited, non-exclusive, non-transferable and non-sublicensable licence to use Licensed Data obtained through the Services solely for Customer's legitimate internal business purposes.

Permitted purposes may include sales, marketing, recruitment, business development, market research and related business activities, subject always to Applicable Law.

4.2 Exported Data

Unless otherwise stated in Customer's Subscription, Customer may export Licensed Data made available through the ordinary functionality of the Services.

Licensed Data lawfully exported during an active Subscription may continue to be retained and used by Customer following termination of the Subscription, subject to:

  • these Terms;
  • Applicable Law;
  • the restrictions in Section 5; and
  • any suppression, deletion or correction notice subsequently communicated by Disburse where compliance with that notice is reasonably required by Applicable Law.

Termination of a Subscription does not grant Customer any further right to obtain, refresh, enrich or update Licensed Data.

4.3 Nature of Licensed Data

Licensed Data may:

  • originate from publicly available sources;
  • originate from third-party data providers;
  • be derived, inferred, matched, verified, combined or enriched using automated or manual processes; and
  • change over time.

Disburse does not represent that every item of Licensed Data was supplied directly by the individual or organisation to whom it relates.

The presence of an email address, telephone number or other contact information in the Services does not represent or warrant that the relevant person has consented to receive marketing, sales, recruitment or other communications from Customer.

Customer is solely responsible for determining whether Customer has a lawful basis, consent or other authority required to contact or otherwise use information relating to any individual.

Disburse's provision of Licensed Data does not constitute legal advice or a determination that Customer's proposed use of the Licensed Data is lawful.

The fact that Licensed Data is available through the Services does not mean that Customer may lawfully use it for every purpose or in every jurisdiction.

5. Acceptable use and restrictions

Customer must not, and must not permit another person to, do any of the following.

5.1 Resale and redistribution

  • Sell, license, sublicense, rent or commercially redistribute Licensed Data.
  • Operate a data brokerage, lead database or data resale service using Licensed Data.
  • Provide raw or substantially similar Licensed Data to third parties as a standalone product.
  • Use the Services primarily to build, reproduce or maintain a database that competes with Disburse.
  • White-label or resell access to Disburse without Disburse's prior written agreement.

For clarity, Customer may use Licensed Data in the ordinary course of its own sales, marketing, recruitment and business activities and may upload Licensed Data to its own CRM, marketing, recruitment or other internal business systems.

5.2 Circumvention

Customer must not:

  • bypass or circumvent technical restrictions, rate limits or access controls;
  • create multiple accounts for the purpose of avoiding usage restrictions;
  • conceal or manipulate usage to avoid fees or limits;
  • extract data using methods other than interfaces made available or authorised by Disburse; or
  • interfere with or disrupt the integrity or performance of the Services.

5.3 Reverse engineering

Customer must not reverse engineer, decompile, disassemble, copy or attempt to derive the source code, underlying models, algorithms, methods or non-public structure of the Disburse Technology except to the extent such restriction is prohibited by law.

5.4 Unlawful or harmful use

Customer must not use the Services or Licensed Data:

  • unlawfully;
  • for harassment, stalking, intimidation, doxxing or threats;
  • to facilitate fraud, identity theft, scams or deception;
  • unlawfully to discriminate against a person;
  • to determine eligibility for credit, insurance, housing or other regulated benefits where Applicable Law prohibits such use;
  • in connection with unlawful surveillance;
  • to knowingly send unlawful spam, unlawful telemarketing communications or other prohibited communications; or
  • in a manner reasonably likely to cause material harm to Disburse, another customer, an individual or a third party.

6. Fair use and usage limits

6.1 Usage

Subscription descriptions may use expressions such as "unlimited", "high volume" or similar terminology.

Unless expressly stated otherwise, such descriptions are subject to reasonable fair-use limitations designed to prevent misuse, resale, automated abuse, excessive infrastructure consumption and use materially inconsistent with the ordinary intended operation of the applicable Subscription.

"Unlimited" does not mean that Customer has an unrestricted right to consume infinite computing resources, make unlimited concurrent requests, circumvent rate controls or operate the Services as backend infrastructure for an unrelated third-party service.

6.2 Technical limits

Disburse may apply reasonable:

  • rate limits;
  • concurrency limits;
  • query limits;
  • export limits;
  • API limits; and
  • other technical safeguards,

where reasonably necessary to maintain security, availability, performance or fair access to the Services.

6.3 Excessive or abusive usage

Where Customer's usage materially exceeds normal usage for its Subscription or creates material operational, security or cost concerns, Disburse may contact Customer and require the parties to agree to an appropriate higher-volume or enterprise arrangement.

Where immediate action is reasonably required to protect the Services, Disburse may temporarily restrict excessive usage.

Disburse will not use this Section solely to deprive Customer of the ordinary benefit of a paid Subscription.

7. Customer compliance responsibilities

7.1 Independent responsibility

Customer determines the purposes and means by which Customer uses Licensed Data.

Customer is solely responsible for Customer's:

  • communications with prospects and other individuals;
  • marketing and sales campaigns;
  • recruiting activities;
  • telephone calls, SMS messages and emails;
  • data imports and exports;
  • combination of Licensed Data with other information; and
  • compliance with laws applicable to those activities.

7.2 Marketing and communications

Customer must independently ensure that any commercial electronic message, marketing communication, telemarketing activity or similar communication complies with Applicable Law.

This includes, where applicable, requirements concerning:

  • consent or another lawful basis;
  • sender identification;
  • contact information;
  • unsubscribe functionality;
  • suppression lists;
  • do-not-call registers; and
  • record keeping.

Customer acknowledges that Disburse does not send Customer's marketing communications merely by supplying Licensed Data.

7.3 Privacy

Customer must process personal information obtained through the Services in accordance with Applicable Law.

Customer must implement reasonable security safeguards and must not retain or use personal information for longer than reasonably necessary for its lawful purposes.

7.4 Suppression and correction

Where Disburse notifies Customer that particular Licensed Data should be corrected, suppressed, deleted or no longer used because of a privacy request, legal obligation or verified material inaccuracy, Customer must take reasonable steps to comply with that notice where required by Applicable Law.

Customer remains responsible for maintaining its own legally required suppression and unsubscribe records.

8. Data quality and outputs

8.1 No accuracy guarantee

Licensed Data is dynamic and may become inaccurate, incomplete or outdated.

People change employers, job titles, telephone numbers, email addresses and other information.

Accordingly, except for guarantees that cannot lawfully be excluded, Disburse does not warrant any particular level or percentage of accuracy, completeness, deliverability, currency or coverage of Licensed Data.

8.2 Automated and inferred information

The Services may use automated systems, artificial intelligence, probabilistic matching, inference and third-party data to generate, classify, rank, match, enrich or otherwise process information.

Such outputs may contain errors.

Customer must exercise appropriate judgement before relying on Licensed Data for material business decisions.

8.3 Verification

Disburse may provide indicators concerning matters such as email verification or confidence.

Such indicators reflect the information or verification process available at the relevant time and are not guarantees that an email will be successfully delivered or that information remains current.

9. Fees, billing and renewal

9.1 Fees

Customer must pay the fees displayed for the Subscription selected at the time of purchase.

Unless expressly stated otherwise:

  • Subscription fees are charged in advance;
  • fees are non-refundable for change of mind;
  • unused usage allowances do not have cash value; and
  • Customer is responsible for all applicable charges incurred through its account.

Nothing in this Section limits rights or remedies which cannot lawfully be excluded.

9.2 Automatic renewal

Paid Subscriptions automatically renew for successive periods equal to the then-current Subscription Term unless Customer cancels before the next renewal date.

The applicable renewal price will be the price notified or displayed to Customer before renewal.

Customer authorises Disburse and its payment processor to charge Customer's nominated payment method for recurring Subscription fees.

9.3 Cancellation

Customer may cancel renewal of its Subscription using functionality provided within the Services or another cancellation method notified by Disburse.

Cancellation takes effect at the end of the then-current Subscription Term unless Applicable Law requires otherwise.

Customer will generally retain access until that date.

9.4 Failed payments

If payment is overdue, Disburse may:

  • retry Customer's nominated payment method;
  • notify Customer of the overdue amount;
  • restrict or suspend access after reasonable notice; and
  • recover reasonable costs incurred in collecting overdue amounts where permitted by law.

9.5 Taxes

Unless expressly stated otherwise, prices are exclusive of GST and other applicable taxes.

Where GST is payable, Customer must pay the applicable GST in addition to the stated fees.

10. Intellectual property

10.1 Disburse ownership

Disburse and its licensors retain all rights, title and interest in and to the Disburse Technology.

Except for the limited licences expressly granted by these Terms, no rights are transferred to Customer.

10.2 Customer Data

Customer retains ownership of Customer Data.

Customer grants Disburse a non-exclusive licence to host, process, transmit, reproduce and otherwise use Customer Data only to the extent reasonably necessary to:

  • provide the Services;
  • maintain and secure the Services;
  • prevent abuse and fraud;
  • comply with Applicable Law; and
  • exercise Disburse's rights under these Terms.

10.3 Usage Data

Disburse may collect and use Usage Data to operate, secure, support and improve the Services, develop new functionality and produce aggregated analytics.

Where Usage Data is used externally, Disburse will not intentionally identify Customer or an individual unless permitted by Applicable Law.

10.4 Feedback

If Customer provides suggestions, ideas, enhancement requests or feedback, Customer grants Disburse a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation.

11. Confidentiality

11.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or reasonably should be understood to be confidential.

Confidential Information does not include information that:

  • becomes public without breach of these Terms;
  • was lawfully known before disclosure;
  • is lawfully obtained from another source without confidentiality restrictions; or
  • is independently developed without use of the Confidential Information.

11.2 Obligations

Each receiving party must:

  • protect the other party's Confidential Information using reasonable care;
  • use it only as necessary in connection with these Terms; and
  • disclose it only to personnel, contractors and advisers who reasonably need access and are subject to appropriate confidentiality obligations.

11.3 Required disclosure

A party may disclose Confidential Information where required by law, court order or governmental authority.

Where legally permitted, the receiving party will provide reasonable notice before disclosure.

12. Privacy

Disburse will handle personal information in accordance with its Privacy Policy and Applicable Law.

Customer acknowledges that Licensed Data may include business and professional information relating to identifiable individuals.

Licensed Data may be collected or derived from publicly available sources, third-party providers, proprietary research, automated processes and other sources.

Disburse does not represent or warrant that an individual:

  • supplied their information directly to Disburse;
  • has reviewed or verified the Licensed Data;
  • has consented to Customer contacting them; or
  • has consented to every potential use Customer may wish to make of the Licensed Data.

Each party remains independently responsible for compliance with laws applicable to its own collection, handling, disclosure and use of personal information.

Nothing in these Terms transfers Customer's compliance obligations to Disburse.

13. Third-party services

The Services may interact with or rely upon third-party products, infrastructure, data providers, websites, APIs or services.

Disburse does not control third-party services and is not responsible for their availability, security, functionality, acts or omissions.

Third-party services may be subject to separate terms and privacy policies.

Disburse may replace or change third-party suppliers where reasonably necessary in the ordinary operation of the Services.

14. Warranties and Australian Consumer Law

14.1 Statutory rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, condition, warranty, right or remedy which cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

14.2 Disclaimer

Subject to Section 14.1 and to the maximum extent permitted by law, the Services and Licensed Data are provided "as is" and "as available".

Disburse does not warrant that:

  • the Services will be uninterrupted, continuously available or error-free;
  • all defects will be corrected;
  • Licensed Data will be complete, accurate, current or fit for a particular Customer purpose;
  • any particular person, business or contact will be included;
  • any email address or telephone number will remain valid;
  • Customer will generate any particular commercial result, revenue, response or conversion from use of the Services; or
  • Customer's particular use of Licensed Data will comply with Applicable Law.

14.3 Non-excludable guarantees

Where Disburse is permitted by law to limit its liability for failure to comply with a non-excludable guarantee relating to services that are not ordinarily acquired for personal, domestic or household use, Disburse's liability is limited, at Disburse's option and to the extent permitted by law, to:

  • supplying the relevant Services again; or
  • paying the reasonable cost of having the relevant Services supplied again.

This Section applies only where such limitation is fair and reasonable and legally permitted.

15. Indemnification

15.1 Customer indemnity

To the maximum extent permitted by law, Customer indemnifies Disburse, its Affiliates and their officers, directors, employees and contractors against third-party claims, damages, liabilities, penalties, judgments and reasonable external legal costs arising from or relating to:

  • Customer's unlawful use of the Services or Licensed Data;
  • Customer's marketing, sales, recruitment, telemarketing, email, SMS or other communications;
  • Customer's breach of Sections 4, 5 or 7;
  • Customer's violation of another person's privacy, data protection or intellectual property rights;
  • fraud, wilful misconduct or knowing violation of Applicable Law by Customer; or
  • use of the Services by a person obtaining access through Customer's account where Customer failed to take reasonable steps to secure its credentials.

This indemnity will be reduced proportionately to the extent that Disburse's own wrongful act or omission caused the relevant Loss.

15.2 Disburse IP indemnity

Subject to Sections 15.3 and 16, Disburse will defend Customer against a third-party claim alleging that Customer's authorised use of the Disburse Technology itself infringes that third party's intellectual property rights, and will pay damages finally awarded against Customer or settlements approved by Disburse in relation to that claim.

This indemnity does not apply to claims resulting from:

  • Customer's modification of the Services;
  • combination of the Services with items not supplied by Disburse where the claim would not otherwise have arisen;
  • Customer's continued use after being notified of an alleged infringement and provided with a reasonable alternative;
  • Licensed Data concerning third parties; or
  • use contrary to these Terms.

If such a claim arises, Disburse may, at its option:

  • obtain the right for Customer to continue using the affected Services;
  • modify or replace the affected functionality; or
  • terminate the affected Services and refund prepaid fees attributable to the unused portion of the affected Subscription.

15.3 Indemnification procedure

An indemnified party must:

  • promptly notify the indemnifying party of the claim;
  • provide reasonable cooperation; and
  • permit the indemnifying party to control the defence and settlement,

provided that no settlement may require the indemnified party to admit wrongdoing or undertake a material non-monetary obligation without consent.

15.4 No general Disburse data-law indemnity

Except for Disburse's obligations expressly stated in Section 15.2 or rights that cannot lawfully be excluded, Disburse does not indemnify Customer against claims arising from Customer's collection, storage, combination, communication, marketing or other use of Licensed Data.

In particular, Disburse does not provide an indemnity merely because Licensed Data was obtained through the Services.

16. Limitation of liability

16.1 Excluded loss

Subject to Section 16.4 and to the maximum extent permitted by law, neither party will be liable to the other for:

  • loss of profit;
  • loss of revenue;
  • loss of anticipated savings;
  • loss of opportunity;
  • loss of goodwill;
  • loss arising from business interruption; or
  • indirect, incidental, special, exemplary, punitive or consequential loss,

whether arising in contract, tort, negligence, statute or otherwise, even if the possibility of that loss was known.

16.2 Disburse liability cap

Subject to Section 16.4, Disburse's total aggregate liability arising out of or relating to the Services or these Terms, including liability arising under indemnity, contract, tort, negligence, statute or otherwise, will not exceed the total fees actually paid by Customer to Disburse during the twelve (12) months immediately preceding the event giving rise to the first claim.

Where Customer has used the Services for less than twelve months, the cap is the amount actually paid during that shorter period.

All related claims are treated as a single claim for purposes of the cap.

16.3 Customer liability

The liability cap in Section 16.2 applies only to Disburse.

Nothing in these Terms limits Customer's obligation to pay amounts properly due to Disburse.

Customer's liability under Section 15.1 remains subject to any limitations imposed by Applicable Law.

16.4 Exceptions

Nothing in these Terms limits or excludes liability to the extent that such liability cannot lawfully be limited or excluded.

17. Suspension

Disburse may suspend or restrict Customer's access to some or all of the Services where Disburse reasonably believes that:

  • Customer has materially breached these Terms;
  • Customer's use poses a security risk;
  • Customer is using the Services unlawfully;
  • Customer is reselling, redistributing or abusing the Services;
  • Customer's usage threatens the stability or availability of the Services;
  • Customer has failed to pay amounts properly due after notice;
  • Customer's account appears compromised or fraudulent; or
  • suspension is reasonably necessary to comply with law or a governmental request.

Where reasonably practicable, Disburse will notify Customer of the suspension and its basis.

Disburse will restore access when the relevant issue has been reasonably resolved.

18. Term and termination

18.1 Term

These Terms commence when Customer first accepts them or uses the Services and continue until Customer's account and all Subscriptions terminate.

18.2 Customer termination

Customer may stop using the Services at any time.

Cancellation of a paid Subscription takes effect at the end of the current Subscription Term unless otherwise required by law.

18.3 Termination for breach

Either party may terminate a Subscription if the other party materially breaches these Terms and fails to cure the breach within fourteen (14) days after receiving written notice where the breach is capable of remedy.

Disburse may terminate immediately where Customer:

  • commits fraud;
  • intentionally uses the Services unlawfully;
  • materially compromises the security of the Services;
  • resells or redistributes the Services or Licensed Data in material breach of these Terms;
  • repeatedly breaches these Terms; or
  • commits a breach that cannot reasonably be remedied.

18.4 Effect of termination

Upon termination:

  • Customer's right to access the Services ends;
  • amounts accrued and properly payable remain due;
  • Customer must cease use of Disburse Technology; and
  • rights relating to previously exported Licensed Data are governed by Section 4.2.

18.5 Survival

Sections which by their nature should survive termination will survive, including Sections 4, 5, 7, 8, 10, 11, 12, 14, 15, 16, 18.4 and 19.

19. General

19.1 Changes to the Services

Disburse may improve, modify or discontinue features of the Services from time to time.

Disburse will not intentionally make a material reduction to the core functionality of a paid Subscription during its current Subscription Term without reasonable justification.

This does not prevent changes reasonably required for security, abuse prevention, third-party service changes or legal compliance.

19.2 Changes to these Terms

Disburse may update these Terms from time to time.

Changes may take effect immediately where reasonably required by law, regulation, security or to prevent abuse.

For other material changes adversely affecting existing paid Customers, Disburse will provide reasonable notice and such changes will ordinarily apply from the next renewal of Customer's Subscription.

Continued use after the effective date constitutes acceptance of the updated Terms to the extent permitted by law.

19.3 Publicity

Disburse may identify Customer as a Disburse customer and display Customer's name and logo in customer lists and on Disburse's website.

Disburse will cease new use of Customer's name or logo for promotional purposes within a reasonable period following Customer's written request.

19.4 Assignment

Customer may not assign these Terms without Disburse's prior written consent, which will not be unreasonably withheld.

Disburse may assign these Terms in connection with a corporate restructure, merger, acquisition, financing or sale of all or substantially all of the relevant business or assets.

19.5 Independent contractors

The parties are independent contractors.

Nothing creates a partnership, employment relationship, fiduciary relationship, agency or joint venture.

19.6 Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, excluding Customer's obligation to pay amounts already properly due.

19.7 Notices

Disburse may send notices to the email address associated with Customer's account.

Customer must keep that email address current.

Legal notices to Disburse may be sent to support@disburse.dev.

19.8 Entire agreement

These Terms, the applicable Subscription information and any policies expressly incorporated by reference constitute the entire agreement concerning Customer's use of the Services.

19.9 Order of precedence

If Disburse and Customer enter into a separately signed written agreement expressly governing the Services, that agreement prevails over these Terms to the extent of any inconsistency.

19.10 Severability

If any provision is invalid or unenforceable, it will be interpreted or modified to the minimum extent necessary to make it valid where legally possible.

The remaining provisions continue in effect.

19.11 Waiver

A failure or delay in exercising a right does not waive that right.

19.12 Governing law

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

Subject to any rights that cannot lawfully be excluded, each party submits to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.

20. Contact

Questions regarding these Terms may be directed to:

Disburse
Profitate Pty Ltd trading as Disburse
ABN: 15 675 424 414
Email: support@disburse.dev
Address: GPO Box 777, Sydney NSW 2001