Terms of Service

StackOverlap is a software-as-a-service (SaaS) platform that enables marketing technology leaders to analyse their MarTech stack for capability overlaps, redundant spend, and consolidation opportunities. The Service provides:

• A free Basic Analysis tier that identifies overlaps and provides a teaser report.
• A paid Custom Forensic Audit tier ($99 AUD per audit) that provides a comprehensive AI-generated report, including diagnostic questions, progressive report sections, and a downloadable PDF.
• A public Transparency Dashboard showing anonymised aggregate industry data.

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organisation. By using the Service, you represent and warrant that you meet these requirements.

To access the Service, you must create an account via our authentication provider (Clerk). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or misuse the Service.

4.1 Pricing

The Custom Forensic Audit is priced at $99 AUD per audit (or the equivalent in your local currency as displayed at checkout). Prices are inclusive of applicable taxes where required by law. We reserve the right to change pricing with reasonable notice.

4.2 Payment Processing

Payments are processed by Stripe. By completing a purchase, you agree to Stripe's Terms of Service. We do not store your payment card details.

4.3 Refund Policy

Given the nature of AI-generated reports, all purchases are final once the Custom Forensic Audit report generation has commenced. If you experience a technical failure that prevents report delivery, contact us at [email protected] within 7 days and we will investigate and offer a remedy (re-generation or refund at our discretion). Refunds are not available on the basis of disagreement with the AI-generated analysis.

The audit reports, overlap analyses, recommendations, and savings estimates produced by the Service are generated using artificial intelligence (large language models). You acknowledge and agree that:

• AI-generated content is advisory in nature and does not constitute professional financial, legal, or technology consulting advice.
• Waste estimates and savings projections are illustrative and based on general industry data and the information you provide. Actual savings will vary.
• You should apply your own professional judgement before making procurement, vendor, or technology decisions based on any report.
• We do not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output.
• The Service may occasionally produce outputs that are incorrect, incomplete, or inconsistent. This is an inherent characteristic of current AI technology.

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Submit false, misleading, or fraudulent information.
• Attempt to circumvent payment requirements or access paid features without payment.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use automated means (bots, scrapers) to access or extract data from the Service without our written consent.
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
• Upload or transmit malicious code, viruses, or harmful content.
• Resell or sublicense access to the Service without our prior written consent.

7.1 Our IP

The Service, including its software, design, algorithms, branding, and content (excluding user-provided data), is owned by StackOverlap and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes.

7.2 Your Data

You retain ownership of the data you submit to the Service (your tool selections, company profile, and contextual notes). By submitting data, you grant us a limited licence to process it for the purpose of providing the Service and generating anonymised aggregate statistics.

7.3 Report Ownership

Upon payment, you are granted a perpetual, non-exclusive licence to use, share, and reproduce the audit report generated for your audit for your internal business purposes. You may share reports with colleagues, executives, and advisors. You may not resell or commercially exploit reports.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

The Service integrates with third-party providers including Clerk (authentication), Stripe (payments), and OpenAI (AI analysis). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the acts or omissions of these third parties.

To the maximum extent permitted by applicable law, StackOverlap and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising from your use of or inability to use the Service.

Our total aggregate liability to you for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $99 AUD if you have not made any payments.

Nothing in these Terms limits liability that cannot be excluded under applicable law, including the Australian Consumer Law.

You agree to indemnify, defend, and hold harmless StackOverlap and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or if we reasonably believe your use poses a risk to the Service or other users. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

These Terms are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

For questions about these Terms, contact us at: