Terms of Use.

1. About These Terms

These Terms of Use ("Terms") govern your access to and use of the Kapio platform, website, mobile applications, and related services (collectively, the "Platform") operated by LABX Capital Pty Ltd (ABN 50 691 135 752), trading as Kapio ("Kapio", "we", "us", "our"). The Platform includes the Kapio mobile app (the "App"), which gives you the same client portal from your phone.

These Terms apply however you reach Kapio — in a web browser, through the App, or through any other version we release. Where something applies only to the App, we say so.

By creating an account, submitting an application, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

2. Eligibility

To use the Platform, you must:

• Be an authorised representative of an Australian business entity
• Be at least 18 years of age
• Have authority to bind the business entity you represent
• Provide accurate and complete information during registration and application

3. Our Services

Kapio provides a technology platform that connects businesses with commercial finance and insurance solutions. Our services include:

• Collecting and assessing business and director information for finance applications
• Sourcing and presenting commercial finance options from our panel of lenders
• Facilitating the application and settlement process
• Providing ongoing portfolio management through the client portal, in your browser or in the App

Kapio is not a lender and does not provide credit directly. We act as an intermediary, connecting your business with suitable finance providers.

4. Account and Security

When you create an account on the Platform, you are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach

If you use the App, you are also responsible for:

• Keeping the device itself secure, including setting a device passcode
• Anyone whose face or fingerprint is enrolled on that device, if you turn on biometric unlock (see section 5)
• Signing out of, or removing, the App on any device you no longer control

We reserve the right to suspend or terminate your account if we reasonably suspect unauthorised use or breach of these Terms.

5. The Kapio App

We grant you a personal, revocable, non-exclusive, non-transferable licence to install and use the App on a device you own or control, solely to access your own Kapio account. You may not copy, modify, reverse engineer, decompile, or attempt to derive the source code of the App, or rent, lease, lend, sell, or sublicense it, except to the extent Australian law permits regardless of this clause.

Device requirements and updates

The App requires a compatible device, a supported version of iOS, and an internet connection for most features. We may release updates that add, change, or remove features, and we may require you to install an update to keep using the App. If you choose not to, some or all features may stop working.

Biometric unlock

The App can lock behind Face ID, Touch ID, or your device passcode. It is off until you switch it on in the App's Settings, and switching it on requires a successful biometric check first. Once on, the App locks itself whenever it moves to the background, and unlocking it again requires your face, fingerprint, or device passcode.

The check is performed by your device. Kapio never sees, receives, or stores your face or fingerprint data — only whether your device reported a successful unlock. Because your device performs the check, anyone whose face or fingerprint is enrolled on that device, and anyone who knows the device passcode, can unlock the App. If that is not what you want, leave biometric unlock off, or switch it off in Settings.

Information held on your device

To keep you signed in, the App stores your session on your device in encrypted form, with the encryption key held in your device's own secure keychain. It also stores small preferences, such as whether you have turned on biometric unlock and which insights you have dismissed. Your account information itself is fetched from us each time and is not written to your device.

Signing out or deleting the App removes what is held on the device. Deleting the App does not close your Kapio account or delete the information we hold; see section 13.

6. Push Notifications

With your permission, the App can send push notifications — for example when an offer is ready to review, when we reply to a message, or when an application needs something from you. Your device will ask before we can send any, and you can withdraw that permission at any time in your device settings. The App's Settings screen also shows whether push is on and takes you there, and lets you switch off email and SMS notifications separately.

Notification content is deliberately brief, but a notification can still reveal that you are a Kapio client and the general nature of an update, and it may appear on your lock screen where someone else holding your phone could see it. If you would rather it did not, turn off lock-screen previews for the App in your device settings.

Notifications are delivered through Apple's Push Notification service and our notification provider, so delivery is not guaranteed — messages can be delayed, duplicated, or dropped for reasons outside our control. Do not rely on a notification alone for anything time-critical; the same information is always available when you sign in. Notifications about your applications and account are part of the service and are separate from marketing messages, which you can opt out of at any time.

7. App Store Terms

The App is distributed through the Apple App Store. The following additional terms apply to your use of the App on an Apple device, and apply only to that use:

• These Terms are between you and Kapio only, not with Apple. Kapio, not Apple, is solely responsible for the App and its content.
• Your licence to use the App is limited to a non-transferable licence to use it on an Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Kapio's responsibility.
• Kapio, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Kapio, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the App, including the terms of your mobile data plan.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms will have the right to enforce them against you as a third-party beneficiary.

8. Consent to Credit Checks

• Obtain a personal credit report from Equifax or other credit reporting bodies on each director or guarantor named in your application
• Use the credit report to assess your suitability for commercial finance products
• Share the credit report with lenders, insurers, and finance providers on our panel for the purpose of assessing your application
• Retain the credit report and related information for the duration of our engagement and as required by law

The credit check conducted is a "soft inquiry" and will not negatively impact your personal credit score. Your consent to the credit check remains valid for a period of up to 12 months from the date of consent, unless withdrawn earlier by written notice to our Privacy Officer.

You confirm that each director or guarantor named in the application has been informed of and consents to the credit check being conducted on their behalf.

9. Accuracy of Information

You represent and warrant that all information provided through the Platform is:

• True, accurate, and complete at the time of submission
• Not misleading or deceptive in any way
• Updated promptly if any material changes occur

Providing false or misleading information may result in the rejection of your application, termination of your account, and potential legal consequences.

10. Intellectual Property

All content, trademarks, logos, software, and materials on the Platform are owned by or licensed to Kapio and are protected by Australian and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any content on the Platform without our prior written consent.

11. Limitation of Liability

To the maximum extent permitted by law:

• Kapio provides the Platform on an "as is" and "as available" basis without warranties of any kind
• We do not guarantee approval or specific outcomes for any finance application
• We do not guarantee that the Platform or the App will be available, uninterrupted, or error free, or that any notification will be delivered or delivered on time
• We are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform
• Our total liability to you for any claim arising from these Terms shall not exceed the fees (if any) paid by you to Kapio in the 12 months preceding the claim

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold harmless Kapio, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your breach of these Terms
• Any inaccurate or misleading information you provide
• Any infringement of third-party rights

13. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access to the Platform at our discretion if:

• You breach any provision of these Terms
• We are required to do so by law or regulatory direction
• We reasonably believe your account has been compromised
• We discontinue the Platform or any part of it

Deleting the App from your device does not close your account or delete the information we hold about you. To close your account, contact us using the details in section 16; our Privacy Policy explains what happens to your information afterwards.

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including indemnification, limitation of liability, and intellectual property) will continue to apply.

14. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria for any disputes arising under these Terms.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified through the Platform, in the App, or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. The most current version will always be available at kapio.com.au/terms.

16. Contact Us

If you have any questions about these Terms, please contact us: