Terms of Service

1. Definitions

2. Acceptance of terms

By creating an account, clicking to accept these Terms, or using the Platform, you confirm that:

• -You are at least 18 years of age
• -You have full legal capacity to enter into binding contracts
• -If acting on behalf of an entity, you have authority to bind that entity to these Terms
• -You have read and understood these Terms

3. Account registration and security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must:

• -Provide accurate and complete registration information
• -Keep your password secure and not share it with third parties
• -Notify us immediately of any unauthorised access or suspected breach at security@opsicom.com

Opsicom is not liable for any loss or damage arising from your failure to comply with these security obligations. You are solely responsible for all activity conducted through your account.

4. Subscriptions and payment

Access to the Platform requires an active Subscription. By subscribing you agree to:

• -Pay all applicable fees as set out on our pricing page at the time of purchase
• -Provide accurate payment information and keep it current
• -Automatic renewal at the end of each billing period unless you cancel before the renewal date

All fees are quoted in the currency shown at checkout and are exclusive of applicable taxes unless stated otherwise. GST applies to Australian customers in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth); VAT, GST or sales tax for other countries is applied at checkout as required by local law.

Refunds. Every charge carries a 30-day money-back guarantee: you can request a full refund within 30 days of any charge, as set out in our Refund Policy. Cancellation of a Subscription takes effect at the end of the current billing period.

Opsicom reserves the right to change pricing at any time with 30 days written notice. Continued use of the Platform after a price change takes effect constitutes acceptance of the new pricing.

5. Acceptable use

You may not use the Platform to:

• -Violate any applicable law or regulation
• -Infringe the intellectual property rights of any third party
• -Upload or distribute malware, viruses or any harmful code
• -Attempt to gain unauthorised access to the Platform or its underlying systems
• -Interfere with or disrupt the integrity or performance of the Platform
• -Reverse engineer, decompile or disassemble any part of the Platform
• -Resell or sublicense access to the Platform without prior written consent
• -Use the Platform to send unsolicited commercial communications
• -Misrepresent your identity or impersonate any person or entity
• -Use the Platform for any purpose that is unlawful or harmful to Opsicom or third parties

Opsicom may at its sole discretion investigate, suspend or terminate your account for breach of these acceptable use provisions without prior notice or liability.

6. Intellectual property

The Platform, including all software, code, design, trademarks, logos and documentation, is owned by or licensed to Opsicom and is protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right, title or interest in the Platform beyond the limited right to use it as described herein.

You retain ownership of your Content. By uploading Content to the Platform, you grant Opsicom a worldwide, royalty-free, non-exclusive licence to host, store, transmit and display your Content solely as necessary to provide the Platform to you.

You represent and warrant that you own or have the necessary rights to upload your Content and that your Content does not infringe any third-party intellectual property rights.

7. Disclaimer of warranties

To the maximum extent permitted by law, the Platform is provided “as is” and “as available” without warranty of any kind. Opsicom expressly disclaims all warranties, express or implied, including but not limited to:

• -Warranties of merchantability, fitness for a particular purpose or non-infringement
• -Any warranty that the Platform will be uninterrupted, error-free or secure
• -Any warranty regarding the accuracy or reliability of information obtained through the Platform
• -Any warranty that defects will be corrected

Where legislation implies warranties that cannot be excluded (including non-excludable consumer guarantees under the Australian Consumer Law), Opsicom's liability is limited to the fullest extent permitted, and in any event to re-supplying the relevant service.

8. Limitation of liability

To the maximum extent permitted by applicable law, Opsicom and its directors, officers, employees, agents, contractors and licensors shall not be liable for any:

• -Indirect, incidental, special, consequential or punitive damages
• -Loss of revenue, profit, goodwill, data or business opportunities
• -Damages arising from interruption, suspension or termination of the Platform
• -Damages arising from unauthorised access to or alteration of your Content or account
• -Damages arising from third-party conduct or third-party services integrated with the Platform

Whether based in contract, tort (including negligence), equity, statute or otherwise, and regardless of whether Opsicom has been advised of the possibility of such damages.

To the extent liability cannot be excluded, Opsicom's total aggregate liability arising out of or in connection with these Terms or the Platform is limited to the greater of (a) the total fees paid by you to Opsicom in the three months immediately preceding the event giving rise to the claim, or (b) AUD $100.

9. Indemnification

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

• -Your use of the Platform
• -Your Content
• -Your breach of these Terms
• -Your violation of any applicable law or the rights of any third party

10. Suspension and termination

Opsicom may, at its sole and absolute discretion and without prior notice or liability:

• -Suspend or restrict your access to the Platform for any reason, including suspected breach of these Terms
• -Terminate your account and delete your Content
• -Discontinue or modify any feature or the Platform itself

You may terminate your account at any time through your account settings. Charges made within the last 30 days remain refundable under our Refund Policy.

Upon termination for any reason, your right to use the Platform ceases immediately. Clauses that by their nature should survive termination (including intellectual property, limitation of liability, indemnification and dispute resolution) shall survive.

11. Modifications to the Platform and these Terms

Opsicom reserves the right to modify, update, suspend or discontinue the Platform (or any part of it) at any time without prior notice or liability.

We may update these Terms from time to time by posting the revised version on our website. Where changes are material, we will endeavour to provide reasonable notice. Your continued use of the Platform following any update constitutes acceptance of the revised Terms. If you do not agree to an update, your sole remedy is to stop using the Platform and terminate your account.

12. Third-party services and integrations

The Platform may integrate with or link to third-party services (including Xero, Google, Meta and payment processors). These are governed by their own terms and privacy policies. Opsicom does not endorse, control or assume any responsibility for third-party services. Your use of any third-party service is at your own risk.

13. Confidentiality

Each party agrees to keep confidential the other's non-public business information that is disclosed in connection with these Terms and designated as confidential, or that a reasonable person would understand to be confidential given the circumstances. This obligation does not apply to information that is publicly available, independently developed or required to be disclosed by law.

14. Feedback

If you provide suggestions, ideas or feedback about the Platform (“Feedback”), you grant Opsicom a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate and exploit that Feedback in any way without restriction or payment to you.

15. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales for resolution of any dispute arising out of or in connection with these Terms, except that Opsicom may seek urgent or interlocutory relief in any jurisdiction.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days. Nothing in this clause prevents Opsicom from taking immediate action to protect its intellectual property or confidential information.

16. General provisions

17. Contact

Questions about these Terms should be directed to: