1. Who we are
Underly is operated by Seraco Pty Ltd (ACN 673 560 757, ABN 36 673 560 757) of Victoria, Australia ("Underly", "we", "us"). Reach us through Contact. [LAWYER: add the registered office address once it is published.]
2. What Underly does
Underly is an information service. It reads published fund holdings, your own recorded positions and the tax statements you upload, and it organises them into look-through exposure, overlap and tax-label summaries. It reports figures and where they came from. It stops there.
- Underly does not provide financial product advice, tax advice or legal advice.
- Underly does not rank funds, does not suggest transactions, and does not tell you what to do with a holding.
- Concentration figures are neutral threshold descriptions ("CBA 11.4%, above the 10% threshold you set"), not judgements.
Underly does not hold an Australian Financial Services Licence and does not act as a registered tax agent. See the Disclaimer for the full position.
3. Your account
You need an account for anything beyond the public reference pages. You are responsible for keeping access to your passkey and your email inbox, and for the accuracy of what you record or upload. Accounts are for a single person or entity — do not share credentials.
You must be at least 18 years old and accessing Underly from Australia. [LAWYER: confirm whether an overseas-user carve-out is required.]
4. Your data
Your holdings and tax documents are yours. We store them in Australia, encrypted at rest, to run the service for you. We do not trade your personal information, and we do not use your holdings to build products for anyone else. You can export or erase your data at any time from Your data.
How we collect, hold, use and disclose personal information is set out in the Privacy Policy, which forms part of these terms.
5. Accuracy and source data
Underly derives figures from issuer holdings files, ASX reference data and the documents you supply. Those sources carry their own timing, rounding and classification limits, and a source can be wrong or stale. Underly shows the as-at date and the source for every figure so you can check it. Figures are an organised view of that source data, not an independent verification of it.
Tax figures in particular are an organising aid. Confirm every ATO label with a registered tax agent before you lodge.
6. Subscriptions and payment
Paid modules are billed in advance through our payment processor. Prices are in Australian dollars and include GST where applicable. You may cancel at any time; cancellation takes effect at the end of the paid period and your access continues until then.
[LAWYER: refund position, Australian Consumer Law guarantees wording, price-change notice period, and whether a cooling-off period applies.]
7. Acceptable use
- Do not scrape, resell or redistribute the reference data surfaced through Underly.
- Do not attempt to access another account's data, or to probe the service for weaknesses without written permission.
- Do not upload documents you have no right to supply.
8. Intellectual property
Underly, its interface and its derived datasets remain ours. Issuer holdings files and ASX data remain the property of their publishers and are used under the terms each publisher sets — see Source licensing, which records what those terms say and what we do because of them.
9. Availability
We aim to keep Underly running continuously, and we schedule maintenance outside Australian market hours where we can. We do not promise uninterrupted availability, and reference data refreshes on a daily cycle rather than in real time.
10. Liability
[LAWYER: liability cap and exclusions, drafted against the Australian Consumer Law consumer guarantees, which cannot be excluded. Underly's position is that it supplies information, that users make their own decisions, and that liability is limited to the fees paid in the preceding 12 months, subject to those guarantees.]
11. Ending your account
You can close your account at any time from Your data. Closing it erases your holdings, your uploaded documents and your derived figures. We keep a minimal audit record of the erasure itself, and any records we are required by law to retain — see the Privacy Policy.
We may suspend or close an account that breaches these terms, and will tell you why unless the law prevents us.
12. Changes
We will give at least 30 days' notice by email before a material change to these terms takes effect. Continuing to use Underly after that date means the updated terms apply.
13. Governing law
These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.