TERMS OF SERVICE
Last Modified on 20/05/2026
1. Introduction and Acceptance of Terms
Please read these Terms of Service (“Terms”) carefully. This is a binding contract which governs your use of the services operated by Commentator Pty Ltd (ACN 683 865 812) (referred to as “Commentator” or “We” in this document). Those services include streaming through our Commentator software applications or websites, communications with others through chatrooms, co-hosting and other methods, as well as any other material made available by Commentator (the “Commentator Services”).
When using the Commentator Services, you will be subject to additional guidelines or rules or policies, that are hereby incorporated into these Terms by reference, including but not limited to:
To learn more about how Commentator collects, uses, shares and protects your personal data, please see the Commentator Privacy Policy.
For more information on how monetisation works at Commentator, please see Commentator Monetisation Agreement.
Please refer to Section 7 below for information about how we may change these Terms or the additional terms.
Collectively referred herein as the “Guidelines”.
By signing up, downloading, accessing or otherwise using the Commentator Services, you acknowledge that you have read, understood, and agree to these Terms. This applies whether you are a User (as defined below in section 3) with a registered account or an unregistered user. If you do not agree to these Terms, then you must not access or use the Commentator Services.
These Terms are subject to any Australian legislation which provides consumer guarantees or obligations which cannot be contracted out of, excluded, restricted or modified (such as the Australian Consumer Law).
2. Eligibility
To use the Commentator Services:
You need be 16 years of age or older (pursuant to the Online Safety Act 2021 (Cth)). If you are between 16 and 18 (which is the age of legal majority in Australia), you may only use the Commentator Services under the consent of a parent or guardian who agrees to be bound by these Terms.
You need to have the power to enter a binding contract with us and not be excluded from doing so by any Australian laws or the laws of any other jurisdiction.
By downloading, accessing or otherwise using the Commentator Services, you represent that you meet paragraph 2(1) and 2(2) herein.
3. Using the Commentator Services
Creating an Account
To access certain features, you are required to register for an account. We will ask you to provide us with certain information such as an account name, password, phone number and email address. You agree to provide accurate, current, and complete information during registration and to keep your account details updated.
You are solely responsible for all of the broadcasts, comments, content or other activities on your account. You are solely responsible for your interactions with other users on the Commentator Services or elsewhere. Commentator shall have no liability for:
For the broadcasts, comments, content or other activities on your account; or
Your interaction with other users; or.
Any user’s action or inaction.
We encourage you to create strong, unique passwords to protect your own account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify our Customer Service team if your username or password is lost or stolen, or if you believe there has been unauthorised access to your account.
We may require you to change your username for any reason at any time.
Creating an Entity Account
If you open or create an account on behalf of any type of company, brand, organisation, firm, partnership or any other entity (an “Entity Account”), then any and all reference to “you” or “your” in these Terms includes you and that entity.
If you create an Entity Account, you represent and warrant that you are an authorised representative of that entity with the authority to bind the Entity to these Terms. You agree to these Terms on the entity’s behalf.
Access to the Commentator Services
Subject to your agreement and compliance with these Terms, we grant you limited, non-exclusive, freely revocable permission to make use of the Commentator Services. Commentator may terminate this permission at any time for any reason.
Commentator reserves its right monitor your account, any and all activities on your account, the interactions between you and other users, and any other thing Commentator deems necessary for any reason. Commentator takes the safety of its users, the compliance with these Terms and Commentator Community Guidelines seriously.
4. User Content
User Content refers to everything you create, interact with, display, post, submit or otherwise make available on the Commentator Services.
You are solely responsible for your User Content and the consequences of posting, creating, publishing, or otherwise making available User Content. You represent and warrant that:
you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
your User Content does not and will not:
(a) violate these Terms, applicable law, or the intellectual property or other rights of any third party, or
(b) defame any other person; or
(c) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and,
your User Content will abide by the Commentator Community Guidelines.
Rights to Your Content
We claim no ownership rights over your User Content. The User Content remains yours. An Entity Account retains ownership rights over all User Content created by an authorised representative. By making User Content available on Commentator, you represent that you understand that certain portions of the Commentator Services allow other users to view, share, comment on, or otherwise interact with your User Content. By making User Content available through the Commentator Services, you agree that you allow other users to view, share, comment on, or otherwise interact with your User Content.
License
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Commentator Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Commentator a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Commentator Services and Commentator's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Commentator Services (and derivative works thereof) in any media formats and through any media channels. Commentator can exercise these rights in connection with monetizing the Commentator Services.
By making available User Content on Commentator, you authorise Commentator to cache and/or store your User Content for the purpose of enabling you to do what you wish with your User Content and with the aim of improving the Commentator Services. This content remains your User Content.
Commentator reserves all rights and remedies against any users who breach these representations and warranties.
Monitoring and Removal of User Content
You agree not to solicit, access, generate, distribute or store any illegal or high impact content, such as child sexual exploitation material, pro-terror material, crime and violence material or specific types of drug-related material. Commentator reserves the right to remove, limit or disable access to any User Content, terminate these Terms (including any additional terms and conditions incorporated herein) or suspend or restrict your access to the Spotify Service at any time if you use the Commentator Services in breach of this clause.
Commentator may, but has no general obligation to, monitor or review User Content. Commentator reserves the right to remove or disable access to any User Content if we believe or are informed that the User Content breaches these Terms, any law or third party's rights, or any Commentator’s policies that we publish or otherwise make available, or for any reason We deem. Commentator may take these actions without prior notification to you.
Commentator Holds no Legal Liability for Your User Content
Commentator takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Commentator Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the Commentator Services or any Content ("Feedback"), such Feedback is not confidential and may be used by Commentator without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Commentator may also invite you to submit feedback through
We encourage Users to submit feedback of any kind on any part of the Commentator Services. Feedback can be submitted via the Commentator website, by email to admin@commentator.com.au or by letter to the Commentator registered address.
Sponsorships and Promotions
You may conduct, administer or otherwise promote a contest, promotion, sweepstakes, raffle or other event which has some monetary or other prize for the winner(s), through the Commentator Services.
Political Opinions
You may share political views or opinions or otherwise discuss political views or opinions with users. You agree, however, that these opinions, views, discussions or any other political activities are your own and do not represent the views or opinions of Commentator or any related third parties. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
5. Payments and Cancellations
Paid Subscriptions
You may purchase a Paid Subscription directly from Commentator by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Commentator may add new services for additional fees and charges at any time.
Commentator may from time to time change the price of its Paid Subscriptions and will communicate any price changes to you in advance not less than 30 days in advance of any such change. Price changes shall take effect during your next billing period following the communication made to you regarding the price change. If you do not agree with the price change, you must unsubscribe from the Paid Subscription. By continuing to use the Commentator Services and not unsubscribing from the Paid Subscription after the price changes are effective, you agree to the price change.
Billing
After you sign up and pay for a Paid Subscription, this Paid Subscription will automatically renew every month and continue indefinitely until cancelled. You understand and agree that unless and until you cancel your Paid Subscription, your Paid Subscription will continue indefinitely, and you will pay the Paid Subscription. You authorise us to charge your payment method the then-current subscription fee.
You may cancel your Paid Subscription at any time by following the prompts on the “Your Account” page on the Commentator phone application. Cancellation will take effect at the beginning of your next billing period and you will be downgraded to the free version of the Commentator Service.
There are no refunds for cancellation, except where required by applicable law. There are no refunds for any partial subscription periods, even when Commentator suspends or terminates your User Account.
6. Commentator Property Rights
Except for your User Content, the Commentator Service and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Commentator and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Commentator Content. Use of the Commentator Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Commentator, its logos, and any other product or service name, logo, or slogan used by Company, and the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Company, and may not be used in whole or in part in connection with any product or service that is not Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company, without our prior written permission.
7. Modification of these Terms
Commentator may amend these Terms at any time. Your continued use of the Commentator Services after the “Last Updated” date, as shown at the top of this page, constitutes your acceptance to the modified or amended Terms. If you do not agree to the amended Terms, you must not use the Commentator Services. You should therefore review these Terms periodically.
8. Limitation of liability
Other than that required by legislation, in no event shall Commentator be liable for any damages of any kind or any other kind of loss at all whether in an action in contract, tort or otherwise, arising out of or relating to the use of, inability to use or in any way connected with the use of the Commentator Services or any related third parties application or content. In no event shall the aggregate liability for all claims relating to the Commentator Services, or any related third parties or third party content exceed the amount paid by you for accessing the Commentator Services during the 12 (TWELVE) months immediately proceeding the date of the claim or $100.00 (ONE HUNDRED) AUD, whichever is greater.
By using the Commentator Services and agreeing to these terms, you agree that your sole and exclusive remedy for any dissatisfaction with Commentator Services is to uninstall the Commentator software and to stop using the Commentator Services.
In no way is this clause intended to limit, exclude, suspend or otherwise alter those laws as required in legislation from each individual Australian State or Territory or Federally, such as those required under the Australian Consumer Law. However, this clause applies for all other laws, rules, clauses, regulations or all other things adjacent to or that could be regarded as a law.
Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced within 2 (TWO) years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
9. Indemnification
You agree to indemnify and hold Commentator and its employees, contractors, officers and directors harmless from and against any third-party claims made against Commentator, and all damages, costs, or expenses associated with such a claim, arising out of or related to: your breach of any of these Terms or any other term, condition or policy of Commentator; your use of the and access to the Commentator Services, including the content which you post or otherwise contribute to the Commentator Services; and, any activity in which you engage with or through the Commentator Services.
10. No Warranty
Other than as expressly required by law (such as those required under the Australian Consumer Law), the Commentator Services are provided “as is” and Commentator does not make any specific commitments or warranties about the Commentator Services. For example, we don’t make any warranties about: the content provided through the Commentator Services; the specific features of the Commentator Services, or its accuracy, reliability, availability, or ability to meet your needs; or, that any content you submit will be accessible on the Commentator Services.
11. Intellectual Property
Commentator respects the rights of intellectual property owners and expects its users to do the same. We reiterate that in using the Commentator Services and agreeing to these Terms, you must comply with all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties. If you believe your intellectual property rights of any kind have been infringed, please contact admin@commentator.com.au.
When you submit an intellectual property right infringement claim, Commentator may retain your information as long as is required for legal purposes. We may also provide your name, email address and details of the claim to the allegedly infringing party.
You may wish to consult a legal professional before submitting a claim.
How is your claim handled?
When you submit a claim by emailing admin@commentator.com.au we may ask you for more information regarding the alleged infringement, as well providing you with further information and/or requests regarding the claim. We will then review and evaluate your claim, and take appropriate action which may include removing the reported content. We may also communicate you with regarding your claim or for any further information about your claim that we may require.
A user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, this termination may be reversed and the account reinstated.
If you believe your content or account has been mistakenly actioned, or if you would like to request another review of Commentator’s decision on your claim, you may have an opportunity to submit an appeal. Instructions concerning how to appeal are contained in the email correspondence we will send you regarding the claim.
12. Disputes
General
These Terms will continue to apply to you until terminated by either you or Commentator.
By agreeing to these Terms, you accept and agree that, to the extent as permitted by law, that any and all disputes between you and Commentator or any of Commentator’s employees, contractors, directors, officers or affiliates shall be governed by this clause and these Terms generally.
Informal Discussions
Most disputes can be resolved without the intervention of a Court due to the myriad of benefits relating to informal discussions. You agree to attempt to resolve any disputes you have with Commentator arising out of your use of the Commentator Services first by informal discussions.
Submit your notice for informal discussions to admin@commentator.com.au together with all the information required for us to investigate and respond to your dispute (“Notice).
After you send us your Notice, you and Commentator will have 60 days to engage in said informal discussions. Please note that this 60 days begins to accrue from the date at which Commentator has sufficient information to properly investigate and respond to your claim.
Governing law and Jurisdiction
You and Commentator agree that any sort of dispute or claim that may arise between the parties arising out of or relating to these Terms is subject to and governed by the laws of the State of New South and any applicable Australian federal law. Any sort of dispute or claim that may arise between the parties shall be resolved in the State of New South Wales, Australia.
13. General
Entire Agreement
Other than the additional terms and conditions, guidelines and policies as stated in this section which are incorporated herein by reference, or as explicitly agreed upon in writing between you and Commentator, these Terms constitute all the terms and conditions agreed upon between you and Commentator and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
The other terms and conditions, guidelines and policies which are incorporated herein by reference are the following:
Waiver
If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
Severability
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment
To the extent permitted by applicable law, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Commentator without restriction. Any assignment attempted to be made in violation of this Terms shall be void.
Survival
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.