TactiPath - Terms of Service and Privacy Policy

Terms of Service

Effective Date: 1st July 2025

1. Acceptance of Terms

By downloading, installing, or using TactiPath, you agree to these Terms of Service (“Terms”). If you do not agree, you may not use our application or services.

2. User Eligibility and Accounts

You must be at least 18 years old to create an account and use TactiPath. Our services are not intended for anyone under 18, and we do not knowingly allow minors to use or register for TactiPath. You agree to provide accurate, current information during registration and to maintain the confidentiality of your account credentials. You are responsible for all activities under your account and must promptly notify us of any unauthorized access or security breaches.

3. Subscription and Payments

Subscriptions are billed through third-party platforms (Apple App Store, Google Play Store) or via Stripe for web payments. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You will receive notification from the billing platform prior to renewal. Fees are inclusive of GST unless stated otherwise and are charged upon purchase confirmation. We may change subscription fees with at least 30 days’ advance notice (e.g. via email or in-app notification). We reserve the right to suspend or terminate your access for non-payment or unresolved payment disputes.

4. Cancellation and Refunds

You may cancel your subscription at any time through the platform where you purchased (Apple App Store, Google Play, or Stripe). Cancellation takes effect at the end of the current paid period, and you will retain access until that period ends. Refund requests are subject to the respective platform’s policies. Generally, partial-period refunds are not provided unless required by applicable law or at our discretion. Nothing in these Terms restricts your statutory rights (for example, rights under the Australian Consumer Law, New Zealand Consumer Guarantees Act, UK Consumer Rights Act 2015, or other consumer protection laws in your jurisdiction).

5. Dispute Resolution

If you have a dispute or issue arising from these Terms or your use of TactiPath, please first contact our customer support at Tactipath@sagentivum.com. We will attempt to resolve the issue in good faith within 30 days. If we cannot resolve the dispute informally, any unresolved dispute will be submitted to individual arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA), applying Australian law. Class actions and collective arbitration are not permitted – disputes must be pursued on an individual basis. This arbitration agreement does not deprive you of any mandatory protections or remedies you are entitled to under consumer law (e.g. you may still seek remedies under Australian Consumer Law through courts or tribunals as applicable).

6. Content and Intellectual Property

All content, designs, scenarios, methodologies, and intellectual property in the TactiPath application are owned by Sagentivum Pty Ltd. We grant you a limited, non-transferable, revocable license to use the app for your personal and professional development. You must not copy, distribute, or create derivative works from our content without permission. All trademarks and logos are our property (or our licensors’), and no rights in them are granted to you by your use of the app.

7. Use of Third-Party Services

TactiPath integrates third-party services to enhance functionality, including (but not limited to) OpenAI, Google Firebase/Firestore, Google AdMob, Mixpanel, and RevenueCat. By using TactiPath, you acknowledge and consent to these third-party services and agree to their respective terms and privacy policies. We are not responsible for any issues arising from third-party services, but please notify us if such issues occur so we can work to resolve them. Where generative responses are provided via OpenAI’s API (e.g. for scenario coaching), user input may be transmitted to OpenAI for processing. We have disabled data retention and training on OpenAI’s systems; however, you should avoid entering sensitive personal, financial, or health-related data in your interactions with the AI. OpenAI processes this data solely to return outputs in real-time and is bound by confidentiality and data protection terms.

8. Use of Service and Restrictions

You agree to use TactiPath only for lawful purposes. You will not misuse the services by engaging in any illegal, fraudulent, or harmful activity. Prohibited behaviors include attempting to reverse-engineer or hack the app, introducing malware, harassing other users, or violating any applicable laws. You also agree not to input or share any content through TactiPath that is defamatory, obscene, sensitive, or confidential (especially information about others) unless you have the right to do so. Any sensitive personal data or confidential business information that you voluntarily input into the app is at your own risk, and we cannot take responsibility for any consequences of you sharing such data.

9. Privacy and Data Protection

We value your privacy. Our Privacy Policy (see below) explains in detail how we collect, use, store, and share your personal information. By using TactiPath, you consent to the handling of your data as described in the Privacy Policy and in accordance with applicable privacy laws. In particular, we do not knowingly collect personal data from individuals under 18 years of age, and we do not actively solicit any sensitive personal data (such as biometric identifiers, health information, or financial account details). You should refrain from providing any highly sensitive information via the app. If you choose to do so, you acknowledge that you are responsible for that content, and we disclaim liability for any loss or exposure of such data resulting from your input. Please refer to the Privacy Policy for more information on data practices.

10. Disclaimer of Liability (No Professional Advice)

You assume full responsibility for any decisions or actions you take in your business or professional activities based on our app. Please note that all content generated by TactiPath’s scenario engine—including responses powered by AI models—is provided for educational and illustrative purposes only. It may include inaccuracies, biases, or inappropriate suggestions. We do not warrant that AI-generated content will be suitable or reliable for any particular purpose, and you should exercise your own professional judgment when interpreting it.

11. No Warranties

TactiPath and all related services are provided “as is” and “as available” without any express or implied warranties. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we do not warrant that the app will be error-free, uninterrupted, or achieve particular results for you. However, nothing in these Terms excludes or limits warranties or guarantees which cannot be excluded by law, including any consumer guarantees provided by law (such as under Australian Consumer Law or analogous laws in other jurisdictions). In other words, these Terms will not override any rights you have under mandatory consumer protection statutes that apply to your use of TactiPath.

12. Limitation of Liability

To the maximum extent permitted by law, Sagentivum Pty Ltd and its affiliates will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of (or inability to use) TactiPath. This includes, for example, damages for lost profits, loss of business opportunities, loss of data, or business interruption. These limitations apply even if we have been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion of certain damages, we will be liable only to the minimal extent required by applicable law. In all cases, our total cumulative liability to you for any claims arising in a 12-month period will not exceed the amount you paid to us for your subscription in that period.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sagentivum Pty Ltd, its directors, officers, employees, and affiliates from any claims, losses, liabilities, expenses, or damages (including legal fees) arising out of: (a) your breach of these Terms; (b) your misuse of the application; or (c) any content you upload or input into TactiPath. This means you will reimburse us for any cost or damage we suffer due to your violation of these Terms or misuse of the services.

14. Changes to the Services or Terms

We reserve the right to modify or discontinue any feature of the services, or to update these Terms, at any time. We will provide notice of material changes (for example, by posting within the app or via email). Continued use of TactiPath after changes to the Terms have been made constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the service and may cancel your subscription (any prepaid fees for the term will remain subject to the original Terms). We encourage you to review the Terms periodically for any updates.

15. Termination

We may suspend or terminate your access to TactiPath immediately if you breach these Terms or if we are required to do so by law or court order. We may also terminate the service with reasonable notice if we decide to discontinue the app. If your account is terminated for violation of these Terms, you are not entitled to any refund of fees paid. You may terminate your own account or subscription at any time via the app or the platform you purchased through; termination will take effect as described in the Cancellation section above.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. By using TactiPath, you agree that any legal disputes (outside of arbitration as provided above) will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. This governing law provision does not override any protections you have under consumer protection laws in your country of residence that by law cannot be waived. In cases where the laws of your country provide you mandatory rights or venues that cannot be contracted away, those provisions will prevail to the extent applicable.

17. Contact Information

If you have any questions, concerns, or complaints about these Terms or the TactiPath service, please contact us at Tactipath@sagentivum.com. We will do our best to address your inquiry promptly. (Note: a mailing address for Sagentivum Pty Ltd may be provided here as required by law.)

By using TactiPath, you acknowledge that you have read, understood, and agree to these Terms of Service.

Privacy Policy

Effective Date: 1st July 2025

1. Introduction

Sagentivum Pty Ltd Ltd (“we,” “us,” or “our”) is committed to protecting the privacy and security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and manage your information in compliance with applicable privacy laws, including the Australian Privacy Act 1988, the New Zealand Privacy Act 2020, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), the UK Data Protection Act 2018 (UK GDPR), and the European Union’s General Data Protection Regulation (GDPR). We implement practices to ensure we meet the strictest of these requirements across all the regions we serve.

2. Age Restrictions

Our services are intended for users 18 years of age or older. We do not knowingly collect personal data from anyone under 18. If you are under 18, please do not use TactiPath or submit any personal information to us. In the event we discover that we have collected personal information from a minor under 18, we will delete that information without undue delay.

3. Information We Collect

We collect personal information directly from you when you interact with our application or related services. This includes:

  • Account Information: Name, email address, and contact details provided when you register an account.

  • Authentication Data: Account login credentials (which are stored in a secure manner, e.g. hashed passwords).

  • Subscription and Transaction Data: Records of your subscription status, purchase history, and payments (e.g. transaction IDs from Apple, Google, or Stripe).

  • Device and Usage Data: Information about your device and how you use the app – for example, IP address, device type, operating system, browser type (for web access), pages or screens visited, and usage times. This helps us understand and improve app performance. Our use of Sentry for error tracking includes the capture of "breadcrumbs"—logs of recent user actions or screen transitions before an error occurs. These breadcrumbs may include contextual usage information (such as which feature was being used), but they are not used to identify users beyond what is necessary for technical support and troubleshooting.

  • Demographic Information (Optional): You may choose to provide demographic details such as your age range, industry, or professional role via your profile or surveys. We collect such information if provided, to help improve your experience and to tailor our services and marketing to our user base.

  • User Inputs: If you voluntarily input data into the app (for example, responses in scenario exercises or notes), that data may be stored on our systems. Please avoid submitting sensitive personal data or confidential business information in these inputs. We do not actively solicit any sensitive personal information (e.g. information about your health, biometrics, racial or ethnic origin, political opinions, etc.), and we do not collect biometric data through the app’s features. Any sensitive information you do provide is at your discretion, and while we will treat it as personal data under this Policy, we disclaim responsibility for any harm you may incur from sharing it.

  • AI Interactions: If you engage with AI-powered features in the app (such as scenario coaching or draft generation), your inputs may be transmitted to OpenAI via API. These inputs are processed to generate real-time outputs and are not retained or used for training purposes. However, as with other user inputs, please do not submit sensitive personal information. We disclaim liability for any content you choose to provide or that is generated in response.

4. Purpose of Collection and Use

We collect and use your personal information for the following purposes:

  • Provide and Maintain the Service: To allow you to register and log into TactiPath, use the interactive scenario features, and generally to deliver the functionalities you expect from the app. This includes using your information to personalize your experience (for example, remembering your progress).

  • Subscription Management: To process payments and manage your subscription status, including verifying your purchases with the App Stores or payment processors and enforcing subscription entitlements.

  • Communication: To communicate with you about your account and the service. For example, we may send you service notifications, administrative emails, customer support responses, or security alerts. These are not marketing messages but essential notices about the service or your account.

  • Improvements and Analytics: To analyze usage trends and feedback in order to improve our content and features. Understanding how users interact with TactiPath (which features are popular, where users drop off, etc.) helps us refine the user experience. We may also use demographic and usage data in aggregate to research and innovate new features.

  • Marketing and Outreach (with consent): To send you updates, offers, or promotional content about TactiPath that may be relevant to you, but only if you have opted in to receive marketing communications. For example, with your consent, we might use your email to send a newsletter or use demographic insights to target advertisements to audiences with similar profiles as our users. You can withdraw consent to marketing at any time. (We do not sell your personal information to third-party advertisers, but we might use platforms like Google or Facebook to show ads to “lookalike” audiences — this involves providing data like hashed email or demographic segments, without directly sharing your identifying information with advertisers.)

  • Customer Support: To assist you when you contact us with questions, issues, or requests. We will use your contact information and any information you provide about your issue to help resolve it.

  • Legal Compliance: To comply with legal obligations to which we are subject. For instance, we may use or disclose data as required to fulfill tax and accounting requirements, respond to lawful requests by authorities, or to meet obligations under privacy laws (such as responding to user access requests or data breach notification rules).

  • Protecting Vital Interests and Enforcement: In rare circumstances, we may process data to protect someone’s vital interests (e.g. if we believe there is a risk of serious harm) or to enforce our Terms of Service (e.g. investigating misuse of the app, preventing fraud, or protecting our rights in the event of legal claims).

We will not use your personal information for purposes that are incompatible with the above without your consent. Where required by law, we will obtain your consent for certain processing activities (for example, sending direct marketing communications or processing certain sensitive data, if ever applicable).

5. Legal Bases for Processing (EU/UK users)

If you are located in the EU, EEA, or UK, we process personal data based on valid legal grounds, as permitted by GDPR/UK GDPR. This means: (a) Contract: Much of our processing (account data, subscription data, etc.) is to provide the service you requested, under our contract with you. (b) Legitimate Interests: We rely on legitimate interests to process data for improvements, analytics, and certain marketing related to our own services (we ensure our interests do not override your rights). (c) Consent: For optional uses such as sending promotional emails or using certain cookies/analytics, we will ask for your consent. You have the right to withdraw consent at any time. (d) Legal Obligation: Some processing is necessary to comply with laws (e.g. financial record-keeping, responding to legal processes). We provide this explanation to ensure transparency.

6. Data Sharing and Disclosure

We value your privacy and do not sell your personal information. We only share your data in the following circumstances:

  • Service Providers: We employ trusted third-party companies and providers to perform tasks on our behalf. These include payment processors (for subscriptions), cloud hosting providers (for data storage and backend infrastructure), analytics services, and customer communication tools. Examples of third parties we use are Apple, Google, Stripe, Firebase, Sentry, Mixpanel, RevenueCat, and OpenAI (for certain in-app AI features). These providers may process personal information as needed to provide their services to us. We ensure that each third-party is bound by appropriate confidentiality and data protection obligations, and we only provide the data necessary for them to fulfill their function. Some services (e.g. Mixpanel and Sentry) may correlate behavioral and technical data with your user ID or email address to support usage analytics, debugging, and personalized feature development.

  • Affiliates: We may share information with affiliates or subsidiaries of Sagentivum Pty Ltd (if any exist in the future) for business administration or integration of services, under the same privacy commitments.

  • Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities. For instance, if a law enforcement agency lawfully subpoenas certain user data, or if we need to disclose information to regulators or government bodies (for example, the Office of the Australian Information Commissioner, Privacy Commissioner of New Zealand, Privacy Commissioner of Canada, Data Protection Commission in Ireland, or UK Information Commissioner’s Office) during a compliance investigation. We will only disclose what is necessary and will inform you of such requests when permitted by law.

  • Protection of Rights: We may disclose data if necessary to enforce our Terms of Service, protect the rights, property or safety of TactiPath, our users, or others. This could include sharing information with legal advisors or in connection with an investigation of fraud, security, or technical issues.

  • Business Transfers: If Sagentivum Pty Ltd is involved in a merger, acquisition, financing due diligence, restructuring, bankruptcy, or sale of assets, your information may be transferred to a successor or affiliate as part of that transaction. If this happens, we will ensure the new owner continues to honor this Privacy Policy or provides notice of any changes.

  • OpenAI (for generative AI features): We use OpenAI’s API to process certain user interactions. Inputs are transmitted securely and are not stored by OpenAI for future use. OpenAI acts solely as a processor on our behalf, and no data is used for training purposes.

Importantly, any third parties with whom we share data are not permitted to use your data for their own marketing or other purposes unrelated to providing services to us.

7. International Data Transfers

TactiPath is operated from Australia, and the data we collect may be transferred to or stored in multiple countries (for example, where our service providers’ servers are located). This means your personal information may be transferred outside of your home country or region. We recognise that different countries have different data protection laws, so we take steps to ensure that international transfers comply with all applicable requirements:

  • Adequacy and Safeguards (EU/UK): If we transfer personal data from the UK/EEA or other regions with data transfer restrictions, we will do so using lawful mechanisms. Typically, this means we rely on the European Commission’s Standard Contractual Clauses (SCCs) or UK International Data Transfer Agreements with our service providers, or we transfer to countries that the authorities have deemed to have “adequate” data protection (note: the EU has recognized countries like New Zealand and Canada (commercial organizations) as providing adequate protection). We also assess on a case-by-case basis that the data will be protected. These measures ensure compliance with GDPR requirements for cross-border data flows.

  • Australia and New Zealand: When transferring personal info from Australia or New Zealand to other countries, we will take reasonable steps to ensure the recipient protects the information in line with our Privacy Policy and the Australian Privacy Principles and NZ Privacy Act’s requirements (for example, ensuring the recipient is subject to comparable privacy laws or binding agreements).

  • By using the app, you understand that your data may be processed in Australia or other countries where our infrastructure or third parties are located. Regardless of location, we will protect your information as described in this Policy. If you have questions about international data transfer, you can contact us (see Contact Us section).

8. Data Security

We implement industry-standard security measures to safeguard your personal information against unauthorised access, alteration, disclosure, or destruction. These measures include encryption of data in transit (e.g., SSL/TLS for network communications) and at rest where appropriate, use of firewalls and access controls, regular security assessments, and staff training on data protection. We also restrict access to personal data to employees and contractors who need it to operate or improve the app, and who are subject to confidentiality obligations. Keep in mind that no method of transmission over the Internet or electronic storage is 100% secure, so while we strive to protect your data, we cannot guarantee absolute security. If we detect a data breach that affects your personal information, we will notify you and the relevant authorities as required by law (for example, under Australia’s Notifiable Data Breaches scheme, New Zealand’s or Canada’s breach notification rules, or GDPR/UK law, as applicable).

9. Data Retention

We retain personal information only for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. In practice, this means: as long as you have an active account or subscription, we will keep your profile and usage data. If you cancel your account or it becomes inactive, we may retain your data for a period of time in case you reactivate or for legitimate business purposes such as record-keeping (typically, we might archive basic account info for a few years for tax or legal compliance). We periodically review the data we have and delete or anonymize information that is no longer needed. For example, if you request account deletion, we will delete personal data associated with your account (except for data we are required to keep for legal reasons, such as transaction records). Aggregated data that cannot identify you may be kept longer for analytics. When disposing of personal data, we ensure it is done securely. Analytics data (e.g. event logs from Mixpanel and crash logs from Sentry) may be retained for up to 36 months to support product development, usage analysis, and debugging. Where possible, this data is aggregated or anonymized after your account is deleted.

10. Your Rights

Depending on your jurisdiction, you have certain rights regarding your personal information. We honor the rights of users as required by applicable law, which include:

  • Access and Portability: You have the right to request a copy of the personal information we hold about you. We will provide this in a structured, commonly used format. For EU/UK users, you can also request that we transmit this data to another controller where technically feasible (data portability).

  • Correction: If any of your information is inaccurate or incomplete, you have the right to request that we correct or update it. You can also make certain changes directly via your account profile.

  • Deletion: You can request that we delete your personal information. Note that we may need to retain certain information for legal purposes or internal business purposes (which we will communicate to you if applicable). When you delete the app or your account, some data may remain in backups or logs for a short period but will be removed in the normal course of business.

  • Withdrawal of Consent: If we are processing your personal data based on your consent (for example, if you agreed to receive marketing emails), you have the right to withdraw that consent at any time. You can opt out of marketing emails by using the “unsubscribe” link in those emails or contacting us. Withdrawal of consent does not affect the lawfulness of processing that occurred before you withdrew consent.

  • Objection and Restriction: In certain situations, you have the right to object to or ask us to restrict the processing of your data. For instance, EU/UK users can object to processing based on legitimate interests or for direct marketing. If you feel our use of your data is not justified, you can request a restriction while your objection is resolved.

  • Opt-out of Targeted Advertising: If we use your data for targeted advertising (as mentioned above), you may have rights to opt out of such use (for example, Canada’s laws allow individuals to opt out of targeted advertising profiling; in the EU/UK, you can object to processing for direct marketing). We will honor such opt-out requests.

  • Complaints: You have the right to lodge a complaint about our data practices with a supervisory authority or regulator in your country (see “Contact and Complaints” below).

To exercise any of your rights, please contact us at our email address provided. We will respond to your request within a reasonable timeframe and in accordance with applicable law (within 30 days, as required by GDPR and many other laws, for most requests). We may need to verify your identity before fulfilling certain requests, to ensure we do not disclose data to the wrong person. There is no fee for making a request, but repeated or excessive requests may incur a reasonable fee as permitted by law.

11. Cookies and Similar Technologies

TactiPath may use cookies or similar tracking technologies in our app or website to enhance functionality and analyze usage. (In a mobile app context, this may include local storage or analytics SDKs rather than browser cookies.) For example, we use analytics tools that might set identifiers to help us understand user behavior. We may also use cookies to remember your preferences or session info on our web portal. You have control over these technologies: if using our website, you can manage cookies through your browser settings (you can refuse or delete cookies). If using the mobile app, your device’s operating system may offer options to limit tracking (such as resetting your advertising ID or using settings like “Limit Ad Tracking” on iOS/Android). Note that disabling certain tracking may affect functionality (e.g., we won’t have accurate analytics). For any non-essential tracking (especially for users in jurisdictions with cookie consent requirements), we will obtain your consent. For instance, EU users will be presented with a cookie notice or settings to manage analytics cookies when using our web features. Our use of Google AdMob or similar for advertising within the app will comply with platform requirements for consent (we will ask for consent to personalized ads where required). Please see our Cookie Notice (if provided) for more details on specific cookies and how to opt out.

12. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or for other operational reasons. When we make changes, we will notify you by updating the “Effective Date” at the top of the policy and, if the changes are significant, by providing a prominent notice within the app or via email. We encourage you to review the Privacy Policy periodically. Continued use of TactiPath after any changes constitutes acceptance of the updated Privacy Policy. If you do not agree to the changes, you should discontinue use of the app and may request deletion of your data.

13. Contact and Complaints

If you have any questions about this Privacy Policy or our data handling practices, or if you wish to exercise your rights or raise a concern, please contact us at:

Sagentivum Pty Ltd
Email:
Tactipath@sagentivum.com

We will address your inquiry or complaint as soon as possible. If you are not satisfied with our response and believe we are not complying with our privacy obligations, you have the right to escalate your complaint to the relevant data protection authority or privacy regulator in your jurisdiction. For example, you may contact the Office of the Australian Information Commissioner (OAIC) in Australia, the Office of the Privacy Commissioner in New Zealand, the Office of the Privacy Commissioner of Canada (OPC), the Data Protection Commission (DPC) in Ireland, or the Information Commissioner’s Office (ICO) in the United Kingdom. These regulators can be reached via their websites (e.g., oaic.gov.au, privacy.org.nz, priv.gc.ca, dataprotection.ie, ico.org.uk respectively). We will cooperate with these authorities to resolve any issues.

By continuing to use TactiPath, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.