Agent Terms of Service

MigraTech Pty Ltd — ABN 45 596 350 923

Effective date: 22 August 2026 · Version 1.0

These Terms of Service (“Agreement”) govern your access to and use of the MigraTech platform, software, and related services (collectively, the “Platform”) provided by MigraTech Pty Ltd. By accessing or using the Platform, you (“Agent”, “you”, “your”) agree to be bound by this Agreement.

You represent and warrant that you are a registered migration agent holding a current registration with the Office of the Migration Agents Registration Authority (“OMARA”) or are an employee or contractor of a registered migration practice, and that you have the authority to enter into this Agreement.

1. Definitions

“AI Features” means the artificial intelligence and machine learning capabilities of the Platform, including but not limited to pathway analysis, RFI prediction, document intelligence, skills assessment analysis, outcome prediction, lead scoring, and any other feature that uses algorithmic or machine learning models to generate outputs, recommendations, scores, or assessments.

“Agent Data” means all data, information, documents, and materials uploaded to, created within, or processed through the Platform by or on behalf of the Agent, including client records, case data, and document files.

“Authorised Users” means individuals authorised by the Agent to access the Platform under the Agent’s subscription, as permitted by the applicable subscription tier.

“Client” means any individual whose personal information or case data is processed through the Platform by the Agent.

“MARA Code” means the Code of Conduct for registered migration agents prescribed under the Migration Agents Regulations 1998 (Cth).

“Migration Act” means the Migration Act 1958 (Cth) and all subordinate legislation, including the Migration Regulations 1994 (Cth).

“Platform Outputs” means any output, analysis, recommendation, score, prediction, assessment, report, or other result generated by the AI Features or any other automated function of the Platform.

“Subscription” means the Agent’s paid subscription to the Platform under the applicable tier (Solo Agent, Practice, or Firm).

2. The Platform

2.1 Nature of the Platform

The Platform is a technology tool designed to assist registered migration agents with administrative and operational tasks associated with the management of migration cases. The Platform is not a migration practice. MigraTech does not provide immigration assistance, migration advice, or legal advice of any kind.

2.2 Scope of Services

The Platform provides tools including, without limitation:

• case management and workflow tracking;
• document management, storage, and AI-assisted extraction;
• AI-assisted pathway analysis and visa eligibility assessment;
• AI-assisted RFI risk prediction;
• automated form population and lodgement workflow tools;
• compliance monitoring, deadline tracking, and alerts;
• client intake, lead management, and client portal functionality;
• invoicing, service agreements, and financial tracking;
• employer sponsorship management tools; and
• analytics and reporting.

2.3 Availability

We will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, excluding scheduled maintenance and events beyond our reasonable control. We do not guarantee uninterrupted or error-free operation of the Platform.

3. AI Features — Critical Disclaimers

3.1 AI Features Are Tools Only

The AI Features are decision-support tools only. They are not a substitute for professional judgement, independent legal analysis, or migration advice. All Platform Outputs generated by the AI Features are indicative, probabilistic, and generated by machine learning models that may contain errors, inaccuracies, or omissions.

3.2 No Migration Advice

Nothing generated by the Platform constitutes immigration assistance or migration advice within the meaning of the Migration Act. The Platform does not, and is not intended to, provide migration advice as defined in section 276 of the Migration Act. Only a registered migration agent can provide immigration assistance under Part 3 of the Migration Act.

3.3 No Guarantee of Accuracy

MigraTech makes no representation or warranty, express or implied, as to the accuracy, completeness, reliability, currency, or suitability of any Platform Output. Without limiting the foregoing:

• Pathway analysis outputs are estimates based on historical data and algorithmic modelling. Actual visa eligibility, processing times, and outcomes depend on individual circumstances, DHA policy, and legislative changes that the Platform may not reflect in real time.
• RFI prediction outputs indicate statistical likelihood only, based on historical case outcome data. A low-risk prediction does not guarantee that an application will not receive a Request for Further Information, and a high-risk prediction does not guarantee that one will be issued.
• Document intelligence outputs, including extracted data fields and confidence scores, are generated by optical character recognition and natural language processing models and may contain extraction errors.
• Compliance alerts and deadline tracking are generated based on data entered into the Platform and publicly available processing information. They are not a substitute for independent verification of visa conditions, bridging visa expiry dates, and regulatory deadlines.
• Lead scoring and client readiness assessments are algorithmic estimates and do not constitute a professional assessment of a prospective client’s migration prospects.

3.4 Agent’s Professional Responsibility

You acknowledge and agree that:

• you are solely responsible for all migration advice, immigration assistance, and professional services you provide to your Clients;
• you must independently verify all Platform Outputs before relying on them or communicating them to Clients;
• you must exercise your own independent professional judgement in all matters relating to your Clients’ migration matters;
• your obligations under the Migration Act, the MARA Code, and all applicable professional standards are not diminished, delegated, or transferred by your use of the Platform;
• you must not represent to any Client or third party that Platform Outputs constitute migration advice or that they have been provided or endorsed by MigraTech as migration advice;
• you are responsible for ensuring that your use of the Platform complies with the MARA Code, including but not limited to your obligations regarding competence, diligence, confidentiality, and record-keeping; and
• the decision to lodge, not lodge, amend, or withdraw any visa application remains solely with you (in consultation with your Client), and MigraTech bears no responsibility for any such decision.

3.5 Training Data Limitations

The AI Features are trained on historical case outcome data. This data may not reflect recent legislative amendments, policy changes, Ministerial Directions, tribunal decisions, court decisions, or changes to DHA processing practices. You must not assume that Platform Outputs reflect the current state of migration law or DHA policy.

4. Subscriptions and Payment

4.1 Subscription Tiers

Access to the Platform is provided on a subscription basis. The features, Authorised User limits, and case limits applicable to each subscription tier are as described on the Platform’s pricing page at the time of subscription and may be updated from time to time.

4.2 Fees

You agree to pay the subscription fees applicable to your selected tier. Fees are charged in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added where applicable.

4.3 Billing

Fees are billed in advance on a monthly or annual basis, as selected at the time of subscription. Payment is processed through our third-party payment processor, Stripe. By subscribing, you authorise MigraTech to charge your designated payment method for recurring fees.

4.4 Price Changes

We may change subscription fees upon 30 days’ prior written notice. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the new fees.

4.5 Non-Payment

If payment fails, we may suspend access to the Platform after providing 7 days’ written notice. Suspension does not relieve you of your obligation to pay outstanding fees.

4.6 Refunds

Fees are non-refundable except where required by the Australian Consumer Law.

4.7 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual, as applicable) at the then-current rate unless you cancel before the renewal date. You may cancel auto-renewal at any time through the Platform. Cancellation takes effect at the end of the current billing period.

4.8 Free Trial

If we offer a free trial period, you may use the Platform during that period without charge. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

5. Agent Data and Privacy

5.1 Ownership of Agent Data

You retain all right, title, and interest in your Agent Data. Nothing in this Agreement transfers ownership of Agent Data to MigraTech.

5.2 Licence to Agent Data

You grant MigraTech a non-exclusive, worldwide, royalty-free licence to use, process, store, and transmit Agent Data solely for the purpose of providing and improving the Platform. This licence terminates upon termination of your Subscription, subject to our data retention obligations.

5.3 De-Identified Data

You agree that MigraTech may use de-identified, aggregated data derived from Agent Data for the purpose of improving the AI Features, generating industry benchmarks, and developing new features, provided that such data cannot reasonably be used to identify any individual Client or Agent. For the avoidance of doubt, “de-identified” means that all personal identifiers, Agent-identifying information, business names, case-specific strategies, and proprietary methodologies have been removed or irreversibly anonymised before any such use.

5.4 Data Isolation

MigraTech implements logical data isolation between Agents using row-level security policies at the database level. One Agent’s data is never accessible to, visible to, or shared with another Agent through the Platform, except where de-identified and aggregated in accordance with section 5.3.

5.5 Privacy Obligations

You acknowledge that you are an “APP entity” within the meaning of the Privacy Act 1988 (Cth) and that you are responsible for:

• obtaining all necessary consents from your Clients for the collection, use, storage, and disclosure of their personal information through the Platform;
• providing your Clients with a privacy notice that adequately describes how their personal information will be processed through the Platform;
• complying with the Australian Privacy Principles (“APPs”) in respect of all personal information you process through the Platform; and
• notifying MigraTech immediately if you become aware of any data breach affecting personal information processed through the Platform.

5.6 MigraTech as Processor

To the extent that MigraTech processes personal information on behalf of the Agent, MigraTech acts as a data processor. Our obligations as processor are set out in our Privacy Policy.

5.7 Data Location

Agent Data may be stored and processed in Australia and in overseas locations where our infrastructure providers operate. By using the Platform, you consent to the transfer of Agent Data to overseas servers, subject to the protections described in our Privacy Policy.

5.8 Subprocessor Changes

MigraTech will maintain a current list of subprocessors in its Privacy Policy. We will provide at least 14 days’ written notice before engaging a new subprocessor that processes Agent Data. If you reasonably object to a new subprocessor on data protection grounds, you may terminate your Subscription on written notice within 14 days of receipt of that notification, and we will refund any prepaid fees for the unused portion of the Subscription.

6. Intellectual Property

6.1 Platform IP

All intellectual property rights in the Platform, including the software, AI models, algorithms, user interface, documentation, and branding, are owned by MigraTech or its licensors. Nothing in this Agreement grants you any right, title, or interest in the Platform except the limited right of access granted under your Subscription.

6.2 Platform Outputs

All intellectual property rights in Platform Outputs (including reports, analyses, predictions, and auto-populated content generated by the AI Features) are owned by MigraTech. Subject to your compliance with this Agreement, MigraTech grants you a non-exclusive, non-transferable, revocable licence to use Platform Outputs solely in connection with your migration practice, including communicating them to Clients in the ordinary course of providing migration services. You must not:

• use Platform Outputs to develop, train, or improve any product or service that competes with the Platform;
• resell, sublicense, or commercially distribute Platform Outputs as a standalone product or dataset;
• use Platform Outputs to reverse-engineer, replicate, or extract the underlying models, algorithms, training data, or methodologies of the AI Features; or
• represent Platform Outputs as your own proprietary analysis without independent verification.

6.3 Client Portal Branding

Where the Platform provides client-facing functionality branded with your practice name or logo (“White-Label Features”), MigraTech grants you a limited licence to use such branding solely for the purpose of providing case management services to your Clients through the Platform. MigraTech retains the right to include a “Powered by MigraTech” attribution or similar notice in the Client Portal. You must not remove, obscure, or modify any MigraTech branding, attribution, or notices.

6.4 Feedback

If you provide suggestions, feature requests, or other feedback regarding the Platform (“Feedback”), you grant MigraTech a perpetual, irrevocable, royalty-free licence to use, incorporate, and commercialise that Feedback without restriction.

6.5 Trade Secrets

You acknowledge that the Platform, including its AI models, algorithms, training methodologies, scoring systems, and prediction engines, constitute confidential information and trade secrets of MigraTech. You must not disclose, publish, or otherwise make available any information about the internal workings, model architecture, or algorithmic processes of the Platform to any third party.

7. Confidentiality

7.1 Confidential Information

Each party (“Receiving Party”) acknowledges that in connection with this Agreement it may receive information that is confidential to the other party (“Disclosing Party”) (“Confidential Information”). Confidential Information includes, without limitation:

• in respect of MigraTech: the Platform’s source code, algorithms, AI models, pricing structures, business strategies, and any non-public technical or operational information; and
• in respect of the Agent: Agent Data, client case strategies, fee arrangements, business processes, and financial information.

7.2 Obligations

The Receiving Party must:

• hold Confidential Information in strict confidence;
• not disclose Confidential Information to any third party except as necessary for the performance of this Agreement, and then only to persons bound by confidentiality obligations no less restrictive than those in this section;
• not use Confidential Information for any purpose other than the performance of this Agreement; and
• take reasonable steps to protect Confidential Information from unauthorised access or disclosure.

7.3 Exceptions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party without restriction before disclosure; (c) is independently developed by the Receiving Party without use of the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives prompt written notice to the Disclosing Party where legally permitted.

7.4 Survival

Obligations of confidentiality under this section survive termination of this Agreement for a period of 3 years.

8. Acceptable Use

8.1 You must not:

• use the Platform for any unlawful purpose or in breach of any applicable law;
• use the Platform to provide immigration assistance if you are not a registered migration agent;
• share your login credentials or allow any person who is not an Authorised User to access the Platform under your Subscription;
• reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code or algorithms of the Platform;
• interfere with, disrupt, or impose an unreasonable burden on the Platform or its infrastructure;
• use the Platform to scrape, harvest, or collect data for purposes unrelated to your migration practice;
• resell, sublicense, or distribute access to the Platform to any third party; or
• upload any content that is defamatory, obscene, infringing, or otherwise unlawful.

8.2 API Access

If your Subscription tier includes access to a MigraTech application programming interface (“API”), the following additional terms apply:

• API access is subject to rate limits and usage quotas as published in the API documentation, which may be updated from time to time;
• you must not use the API to build, train, or operate any product or service that competes with the Platform or any of its features;
• API credentials are confidential and must not be shared, embedded in client-side code, or published;
• you must not use the API to systematically extract, scrape, or harvest data from the Platform for any purpose other than the operation of your migration practice; and
• MigraTech may suspend or revoke API access immediately if it reasonably determines that your use breaches this section or poses a security risk to the Platform.

9. Warranty Disclaimer

9.1 As-Is Basis

To the maximum extent permitted by law, the Platform is provided on an “as-is” and “as-available” basis. MigraTech expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.

9.2 No Warranty of Results

MigraTech does not warrant that the Platform will meet your requirements, that operation of the Platform will be uninterrupted, timely, secure, or error-free, or that any Platform Output will be accurate, reliable, or complete.

9.3 Preservation of ACL Rights

Nothing in this section excludes or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded or modified by agreement.

10. Limitation of Liability

10.1 Exclusion of Liability for Platform Outputs

To the maximum extent permitted by law, MigraTech excludes all liability for any loss, damage, cost, or expense (whether direct, indirect, consequential, special, or exemplary) arising out of or in connection with:

• any decision, action, or omission by you or any third party based on, influenced by, or related to any Platform Output, including but not limited to pathway analysis, RFI predictions, compliance alerts, document extraction, lead scoring, or any other AI-generated or automated output;
• any visa application that is refused, delayed, or subject to a Request for Further Information, regardless of whether the Platform generated a favourable or unfavourable prediction or assessment;
• any failure to identify a compliance risk, deadline, visa condition, or regulatory requirement;
• any inaccuracy, error, or omission in any Platform Output;
• any breach of the Migration Act, the MARA Code, or any other law or professional standard by you or your Authorised Users;
• any claim by a Client or third party arising out of your use of the Platform or your provision of migration services; and
• any interruption, suspension, or unavailability of the Platform.

10.2 Cap on Liability

To the extent that liability cannot be excluded under section 10.1, MigraTech’s total aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the lesser of: (a) the fees paid by you to MigraTech in the 12-month period immediately preceding the event giving rise to the liability; and (b) AUD $5,000.

10.3 Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). To the extent that any such guarantee applies, MigraTech’s liability is limited, at our option, to: (a) supplying the services again; or (b) paying the cost of having the services supplied again.

10.4 Consequential Loss

To the maximum extent permitted by law, MigraTech is not liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or reputational damage, even if MigraTech has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless MigraTech, its directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Platform;
• any breach of this Agreement by you or your Authorised Users;
• any claim by a Client or third party relating to your provision of migration services;
• any decision, action, or omission by you based on or influenced by Platform Outputs;
• any breach of the Migration Act, the MARA Code, or any other applicable law by you or your Authorised Users; and
• any breach of your privacy obligations under this Agreement or applicable privacy laws.

12. Term and Termination

12.1 Term

This Agreement commences on the date you first access the Platform and continues for the duration of your Subscription, unless terminated earlier in accordance with this section.

12.2 Termination by You

You may terminate your Subscription at any time by cancelling through the Platform. Cancellation takes effect at the end of the current billing period. No refund will be provided for the remaining portion of a billing period.

12.3 Termination by MigraTech

MigraTech may terminate or suspend your access to the Platform:

• immediately, if you breach any material term of this Agreement;
• immediately, if your MARA registration is suspended, cancelled, or lapses;
• upon 30 days’ written notice, for any reason or no reason; or
• immediately, if required to do so by law or regulation.

12.4 Effect of Termination

Upon termination: (a) your right to access the Platform ceases immediately; (b) we will make your Agent Data available for export in a standard, machine-readable format (CSV or JSON) for a period of 30 days following termination, after which we may delete it; and (c) any provisions of this Agreement that by their nature should survive termination will survive, including sections 3, 5.3, 6, 7, 9, 10, 11, and 15.

13. Third-Party Services

13.1 Integrations

The Platform integrates with third-party services, including but not limited to Stripe (payment processing), Supabase (database infrastructure), Sentry (error monitoring), PostHog (analytics), and Resend (email). Your use of these services is subject to their respective terms and conditions.

13.2 Government Systems

The Platform provides tools that interface with or relate to systems operated by the Department of Home Affairs, including immiAccount. MigraTech is not affiliated with, endorsed by, or connected to the Department of Home Affairs or the Australian Government. Access to government systems through the Platform is subject to the terms of those systems.

14. Modifications

We may modify this Agreement at any time by posting the revised terms on the Platform. We will provide at least 14 days’ notice of material changes. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified terms. If you do not agree with any modification, your sole remedy is to terminate your Subscription.

15. General

15.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

15.2 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, representations, and understandings.

15.3 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

15.4 Waiver

A failure or delay by MigraTech in exercising any right under this Agreement does not constitute a waiver of that right.

15.5 Assignment

You may not assign or transfer this Agreement without our prior written consent. MigraTech may assign this Agreement without your consent.

15.6 Notices

Notices under this Agreement may be given by email. Notices to MigraTech must be sent to admin@migratech.com.au. Notices to you will be sent to the email address associated with your account.

15.7 Force Majeure

MigraTech is not liable for any failure to perform its obligations under this Agreement to the extent that the failure is caused by an event beyond its reasonable control, including but not limited to natural disaster, pandemic, government action, internet outage, or failure of third-party systems.