Founding Customer Terms & Conditions

1. Parties and programme

These Founding Customer Terms & Conditions (“Founding Terms”) apply between the DigitalGate operating entity identified in the DigitalGate Terms & Conditions (“DigitalGate”, “we”, “us”) and any applicant or accepted participant in the Founding 10 programme (“you”, “Founding Customer”).

By qualifying for a Founding 10 place, accepting the Founding Terms in-product during onboarding, or receiving benefits under the programme, you agree to these Founding Terms in addition to the DigitalGate Terms & Conditions and Privacy Policy.

If there is a conflict between marketing copy on digitalgate.com.au and these Founding Terms, these Founding Terms prevail.

1.1 The programme is Founding 10 only

DigitalGate operates a single founding programme: Founding 10. There is no Founding 100, no Founding 1,000, and no subsequent founding cohort. After the Founding 10 cohort closes, DigitalGate acquires new customers on standard published commercial terms without a founding overlay, subject to any separate written agreement.

1.2 Founding 10 is a status and benefits overlay

Founding 10 is a limited customer status and benefits overlay for up to ten qualifying customer organisations. It is not a separate platform product, not a separate pricing tier, and not a separate subscription. Founding Customers use the same DigitalGate platform and the same onboarding engine as every other customer, with founding benefits layered on top of a standard DigitalGate subscription.

1.3 Acceptance happens in-product

Acceptance of these Founding Terms occurs electronically in-product during the normal DigitalGate onboarding journey. No emailed agreement, PDF agreement, manual signature, countersignature, consultation or separate onboarding invitation is required to accept a Founding 10 place. Where a specific written commercial offer is issued to a Founding Customer, that offer takes precedence over these Founding Terms to the extent of any conflict.

2. Programme structure

Founding 10 comprises up to 10 customer organisations. The number of places is limited. Cohort size is set by DigitalGate and may be reduced at DigitalGate’s discretion without creating an obligation to open additional places.

2.1 Qualification for a place

Qualification for a Founding 10 place is determined solely by DigitalGate based on fit, capacity and commercial judgement. Submitting an enquiry does not create a Founding 10 place, guarantee qualification, or create a subscription. DigitalGate may decline an enquiry without providing reasons.

2.2 Availability and closing

DigitalGate may open, pause or close Founding 10 availability at any time. When the allocated places have been filled (or DigitalGate closes the cohort earlier), Founding 10 ceases and standard DigitalGate subscriptions continue to remain available on published terms. There is no waitlist and no subsequent founding cohort.

2.3 Standard customers

Customers who are not accepted into Founding 10 — or who join after the cohort has closed — are acquired on standard published commercial terms without Founding programme placement, subject to any separate written agreement.

3. Your own subscription (published pricing)

This section governs your own DigitalGate subscription. It is separate from referral commission (Section 4). Founding Customers pay standard published pricing. Programme benefits are exclusivity, access and influence — not a recurring percentage discount.

3.1 Pricing and billing

• Founding Customers are billed at DigitalGate published Core Platform, Growth, Industry App and additional sub-industry App subscription fees (and other Apps recorded in your offer).
• Industry App = the major vertical capability ($149/mo) · one primary sub-industry App is included · additional sub-industry Apps are +$29/mo each.
• Growth and Industry Apps are optional add-ons to the selected Core Platform plan and are billed separately.
• Start free 14-day trial where a trial is offered under DigitalGate’s then-current commercial configuration. The trial is activated through the onboarding and checkout journey — not merely by creating an identity or signing in.
• Annual billing, where offered, is priced at approximately 10 months of monthly pricing (save approximately 2 months), subject to published terms.

3.2 Later purchases

Industry Apps, additional sub-industry Apps, other Apps, Growth Suite, Growth Suite + Industry or Core Platform upgrades are charged at the published price applicable when purchased (or other agreed written pricing).

3.3 Professional Services and other fees

Founding programme benefits do not automatically include:

• Professional Services (implementation, setup, migration, website builds, training, consulting, custom development and similar) — unless expressly included in your Founding offer
• Customer Success / Support plans (beyond any Standard support included with Core Platform)
• Third-party costs, pass-through charges, advertising / media spend
• Usage-based charges (where applicable), taxes, and other one-off or external fees

3.4 No recurring founding percentage discount

Marketing language that suggested a founding percentage off list price (including any “30% for 24 months” framing) is superseded by these Founding Terms. Founding recognition and referral status may continue subject to these Founding Terms — they are not a discount on your own subscription.

3.5 Founding status does not override Plan entitlements

Founding status does not automatically override standard Core Platform Plan entitlements, including user limits, active-business limits and Industry API / integration entitlements. For example:

• Starter includes 1 user and 1 business.
• Growth includes up to 5 users and 1 business.
• Scale includes unlimited users and up to 5 active businesses total under one subscription account.
• Native specialist Industry integrations and API access require Scale or Enterprise and the relevant Industry App entitlement — a Growth or Starter subscription does not unlock them regardless of Founding status.

Any exception to standard Plan limits must be expressly granted in writing in your Founding Customer offer or in a separate written commercial agreement signed by DigitalGate. Founding status alone does not create such an exception.

4. Founding referral status and commission

Referral benefits are commission for generating new DigitalGate customers — not a discount on your own subscription. Referral commission is a benefit of Founding 10 status only.

Tier	Applies to	Commission
Founding 10 Referrer	Founding 10 customers	20% of referred customer’s qualifying subscription fees actually collected for the first 12 months

4.1 Independence from your own subscription

Your own subscription pricing (Section 3) and your Founding 10 referral commission (this Section 4) are independent. You may earn referral commission on new direct referrals at 20% for each referred customer’s first 12 months, while you remain an eligible DigitalGate customer and Founding 10 Referrer.

4.2 Qualifying revenue

Commission applies to recurring Core Platform, Growth Suite, Industry App, additional sub-industry App and other App subscription fees actually received by DigitalGate from a directly referred customer during that customer’s first 12 months of paid subscription.

4.3 Exclusions from commission

• Professional Services, Customer Success / Support plans, usage charges, taxes
• Refunds, chargebacks and amounts not ultimately retained by DigitalGate
• One-off fees and non-subscription revenue
• Your own account or any account you control for the purpose of self-referral
• Marketplace, B2B business-referral network fees, or other non-Platform SaaS revenue unless expressly included in writing

4.4 Attribution

Commission is payable only where the new customer is attributable to you under DigitalGate’s then-current attribution rules (e.g. referral link, code or documented introduction). Attribution is single-level only — no multi-level marketing or downlines.

4.5 Status wording

Referral status is described as ongoing while you remain an eligible DigitalGate customer and Founding 10 Referrer. DigitalGate does not promise irrevocable “forever” commission rights. DigitalGate may modify or terminate the referral programme prospectively on notice, subject to accrued amounts already earned for completed paid periods.

4.6 Referral tier — not resale authority

Founding 10 Referrer describes a direct referral commission rate under these Founding Terms — not authority to resell DigitalGate, set pricing, make representations on behalf of DigitalGate, sign customers, provide support, or bind DigitalGate in any way.

Referral status does not authorise the participant to represent themselves as an authorised agent, reseller or partner of DigitalGate unless separately agreed in writing. DigitalGate contracts directly with referred customers. Any separate partner, reseller or channel-manager arrangement (including any Acquisition Partner programme) has distinct terms and is not the same as the Founding 10 direct referral rate in this section.

4.7 No lifetime commission liability

Referral commission applies for the first 12 months of each referred customer’s qualifying subscription only. There is no indefinite or lifetime commission liability on referred subscriptions beyond that period.

5. Referral payment mechanics

• Default: commission is accrued as DigitalGate platform account credit.
• Cash: cash payout may be available to eligible referrers (and authorised partners where DigitalGate enables it), subject to identity verification, payout thresholds, Stripe Connect (or equivalent) and applicable law.
• Where both options exist, DigitalGate may offer a choice; until election or eligibility is complete, credit remains the default.
• Commission accrues only on successfully paid qualifying invoices and may be reversed or adjusted for refunds, chargebacks, failed payments or billing corrections.

6. No stacking / anti-abuse

• Founding programme benefits and referral commissions may not be combined in ways that create unintended double benefits.
• Self-referral is prohibited (including via related entities, family members, or structures intended to generate commission on your own spend).
• Any promotional pricing is non-stackable unless DigitalGate agrees in writing.
• DigitalGate may investigate suspected abuse and withhold, reverse or claw back rewards.

7. Founder benefits (non-pricing)

Subject to qualification and acceptance, Founding 10 Customers may receive:

• Priority onboarding
• Early access to selected Apps / features as commercially released
• Roadmap feedback channels
• Founder access — a bounded relationship with DigitalGate leadership; not unlimited consulting
• Founding recognition (optional; with your permission — customers may be recognised as DigitalGate Founding Customers in selected marketing, case studies or community materials)
• Preferential Professional Services terms where DigitalGate offers them for the cohort

Early access does not mean every feature is guaranteed by a particular date. Founding benefits do not include unlimited support, unlimited custom development, lifetime free Apps or services, guaranteed roadmap delivery, additional users beyond your Plan’s user limit, additional active businesses beyond your Plan’s allowance, or Industry API / integration entitlements not included in your Plan and Industry App configuration.

8. No roadmap guarantee

Product plans, timelines and feature lists are indicative. DigitalGate may change priorities, delay or cancel features, and alter commercial packaging. Participation as a Founding 10 Customer does not create a contractual right to any specific roadmap item.

9. Eligibility, suspension and termination

DigitalGate may suspend or terminate founding programme benefits, referral status, commission accrual and/or programme participation (in whole or part) where, for example:

• Non-payment or material default under your DigitalGate subscription
• Fraud, misrepresentation or abuse of the referral programme
• Breach of these Founding Terms, the DigitalGate Terms & Conditions, or acceptable use policies
• Misuse of the platform or conduct that harms DigitalGate, customers or partners
• Attempted circumvention of Core Platform Plan limits (including user limits, active-business limits or Industry API / integration entitlements), or use of multi-business capabilities as an unauthorised reseller arrangement
• Insolvency or cessation of your business (as applicable)

Termination of benefits does not automatically waive amounts already properly accrued, except where clawback applies for fraud, refunds or breach.

10. Relationship to other terms · governing law

These Founding Terms are additional programme terms. Your use of DigitalGate remains governed by the DigitalGate Terms & Conditions and Privacy Policy. Capitalised terms not defined here have the meaning in those documents where applicable.

Governing law and dispute resolution follow the DigitalGate Terms & Conditions (Australia / Queensland or as stated therein).

DigitalGate may update these Founding Terms prospectively by publishing a revised version. Material changes affecting accepted Founding 10 Customers will be notified where reasonably practicable. Continued participation after the effective date constitutes acceptance of the updated Founding Terms, except where a signed offer states otherwise.

11. Contact

Programme and legal notices: hello@digitalgate.com.au

Programme overview (marketing): digitalgate.com.au/founding-customers

Published pricing: digitalgate.com.au/pricing