Auscounts Terms and Conditions of use

TERMS AND CONDITIONS Auscounts is a service operated by Living Rain Pty Ltd (ABN 32 123 848 984) trading as Auscounts ("Auscounts", "us", "we", "our") 1. Acceptance of these terms By creating an account or using the Auscounts web application ("App"), you agree to these Terms and Conditions and to our Privacy Policy, which together form the terms of use of the App ("Terms"). If you are using the App on behalf of a business or other organisation, you confirm you have authority to bind that organisation to these Terms, and "you" refers to both you and that organisation. If you do not agree to these Terms, do not use the App. 2. Beta status The App is currently in beta. This means: - it is under active development and may contain bugs, errors, or miscalculations; - features, data structures, and functionality may change or be removed without notice; - we may need to reset, migrate, or (in limited circumstances) clear test data during the beta period — we will give notice where practical before doing so; - you should not rely on the App as your sole record for tax lodgement, financial reporting, or other regulatory obligations without independently verifying the output. We recommend keeping your own backup of source records during the beta period. We will let you know via the App or by email when a feature or the App generally moves out of beta. 3. Accounts - You must provide a real, current email address that you control, and keep your account details up to date. - You are responsible for all activity that occurs under your login credentials. - You must not share your password, or attempt to access any part of the App, or any other user's data, that you are not authorised to access. - You must notify us promptly if you become aware of any unauthorised use of your account. 4. Your data - You own the records and data you enter into the App ("Your Data"). - We host Your Data so that you can use the App, and we do not sell Your Data. - We may access Your Data: - to operate, maintain, secure, or fix the App; - to provide you with support; - where required or authorised by law; or - with your consent. - We may engage other organisations (such as infrastructure, hosting, and email delivery providers) to help us operate the App, and Your Data may be processed by those providers as a result, including overseas. See our Privacy Policy for details, including how we handle personal information. - On request, we will provide you with an export of Your Data in a common format (such as CSV) within a reasonable time. If your account is closed or suspended, see clause 9 for what happens to Your Data. 5. Acceptable use You agree to use the App only for lawful bookkeeping and accounting purposes. You must not: - upload malware, viruses, or other harmful code; - attempt to attack, disrupt, reverse-engineer (except as permitted by law), or gain unauthorised access to the App or its infrastructure; - use the App to conceal, facilitate, or record illegal activity; - use the App in a way that infringes another person's rights or breaches any law. We may investigate suspected breaches of this clause and take action under clause 9. 6. Availability We aim to keep the App running reliably but do not guarantee uninterrupted or error-free access. Like any web application, the App will from time to time be unavailable for maintenance, upgrades, or due to factors outside our control. 7. Fees The App is currently offered on a free tier. We may introduce paid tiers or paid features in the future. If we do, we will tell you what those tiers cost before you are charged, and continued use of any free tier will remain subject to these Terms. 8. Liability Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (ACL) or other law that cannot be lawfully excluded. Subject to that: - to the maximum extent permitted by law, we exclude all warranties, whether express or implied, about the App, including as to accuracy, reliability, or fitness for a particular purpose; - we are not liable to you for any indirect, consequential, or special loss, or for lost profits or lost data, arising from your use of the App; - where our liability cannot be excluded but can be limited, it is limited (at our option) to resupplying the App, or supplying an equivalent app, or to the greater of (a) the fees you paid us in the 12 months before the claim, or (b) $100. This clause does not limit our liability for death, personal injury, fraud, or anything else the law does not allow us to limit. 9. Suspension and termination - You may stop using the App and close your account at any time. - We may suspend or close your account if: - you breach these Terms and, where the breach is capable of being fixed, you do not fix it within a reasonable time after we ask you to; - your account has been inactive for an extended period; - you engage in conduct — whether through the App or otherwise, and whether or not directly connected to your use of the App — towards us, our staff, or other users that is threatening, harassing, abusive, or defamatory; - we reasonably believe it is necessary to protect the security or integrity of the App, other users, or ourselves; or - we are required to do so by law. Except where urgent action is needed to protect security, comply with the law, or respond to conduct described above, we will give you reasonable notice and an opportunity to resolve the issue before suspending or closing your account. If your account is closed, we will retain Your Data for a reasonable period (see our Privacy Policy) to allow you to request an export, after which it may be deleted, unless we are required by law to retain it for longer. 10. Changes to these Terms We may update these Terms from time to time, including to reflect changes to the App as it moves out of beta. If we make a material change, we will ask you to review and accept the updated Terms before you can continue using the App. If you do not accept, you must stop using the App. 11. Governing law These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of its courts. 12. Contact Questions about these Terms can be sent to info@auscounts.com