Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Apsis("Apsis", "we", "us") governing your access to and use of the Apsis application, this website, and any related services (together, the "Service"). By creating an account, or by using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other entity, you confirm that you have authority to bind that entity, and "you" means that entity.

1. The Service

Apsis provides business-management software for independent professionals and small teams, including tools for managing clients, quotes, invoices, expenses, tax figures, tasks, timesheets, calendars, and reporting. Which features are available to you depends on the plan you are on.

Apsis is a software tool, not a professional adviser. It performs calculations and organises records from the information you enter, but it does not provide accounting, taxation, financial, or legal advice. Figures the Service produces - including GST, BAS, and deduction summaries - are only as accurate as the data you enter, and you remain solely responsible for the accuracy and completeness of your own records and for meeting your obligations to the Australian Taxation Office and any other authority. You should have your figures reviewed by a registered tax or BAS agent before lodging anything.

Apsis is not a registered tax agent or BAS agent under the Tax Agent Services Act 2009 (Cth), and is not authorised to provide tax agent services or BAS services for a fee. We do not lodge returns or activity statements for you, we do not deal with the ATO on your behalf, and we are not your agent for any purpose. Apsis is software that helps you prepare and organise your own records; lodgement remains yours to do, directly or through a registered agent you engage separately.

2. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate account information and to keep it current.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, including the actions of any team member you invite. We strongly recommend enabling two-factor authentication. Tell us promptly atsupport@apsis.com.au if you suspect unauthorised access.

Where your plan supports multiple users, the account holder controls what each team member can see and do, and is responsible for removing access when someone leaves.

3. Plans, billing, and cancellation

• Free plan. The free plan is offered at no charge, subject to the usage limits and feature restrictions described on our pricing page. We may change the limits of the free plan on reasonable notice.
• Paid plans. Paid subscriptions are billed in advance, on a recurring monthly or annual basis, through our payment processor, Stripe. All prices are in Australian dollars and include GST unless stated otherwise.
• Renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, until cancelled. We will give you at least 30 days' notice by email before any price increase takes effect.
• Upgrades and downgrades. Upgrades take effect immediately, with the balance of the period charged on a pro-rata basis. Downgrades take effect at the end of the current billing period. If a downgrade puts you over the limits of the lower plan, you may need to remove data or users before it applies.
• Cancellation. You may cancel at any time from your billing settings. Your plan continues until the end of the period you have already paid for, after which the account reverts to the free plan.
• Refunds. Fees already paid are non-refundable except where required by law, including the guarantees under the Australian Consumer Law. If something has gone genuinely wrong, contact us - we would rather sort it out than stand behind this clause.
• Failed payments. If a payment fails, we may retry it and may suspend access to paid features until the account is brought up to date. We will not delete your data for non-payment without giving you notice and an opportunity to export it.
• Taxes. You are responsible for any taxes or duties imposed on your use of the Service other than taxes on our income.

4. Referral programme

Where we offer referral rewards, they are earned only on genuine referrals of new customers who subscribe to a paid plan and pay for it. Rewards may be reversed if the referred payment is refunded, reversed, or charged back, or if we reasonably determine the referral was self-referred, artificial, or otherwise abusive. We may vary or withdraw the programme on reasonable notice, without affecting rewards already properly earned.

5. Acceptable use

You agree not to:

• use the Service for any unlawful purpose, or in breach of any applicable law;
• issue invoices or other documents through the Service that are fraudulent, deceptive, or otherwise misrepresent a transaction;
• upload malicious code, or content that infringes another person's rights;
• use the Service to send unsolicited bulk email;
• attempt to gain unauthorised access to the Service, other customers' accounts, or the underlying systems, or probe or test their security without our written permission;
• interfere with or disrupt the integrity or performance of the Service, including by circumventing usage limits or rate limits;
• scrape or bulk-extract data from the Service other than your own data through features we provide;
• resell, sublicense, or white-label the Service without our written consent.

We may suspend an account immediately, without notice, where we reasonably believe continued access poses a risk to the Service, to other customers, or to us.

6. Your data and content

You retain all ownership of the data and content you submit to the Service. You grant us a limited, non-exclusive licence to host, store, process, transmit, and display that content only as necessary to provide and support the Service to you. We claim no other rights over it.

You are responsible for the accuracy and lawfulness of the data you store in Apsis, including ensuring you are entitled to hold and use any personal information about your own clients. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

Email we send on your behalf. Some features send email to your clients when you tell them to - issuing an invoice, sending a reminder. For those messages you are, in substance, the sender. You are responsible for having a proper basis to contact each recipient, and for complying with the Spam Act 2003 (Cth) and any privacy obligations you owe them. You must not use the Service to send unsolicited commercial messages, and we may suspend sending on an account that does.

You can export your data at any time while your account is active, in the formats the Service provides.

7. Artificial intelligence features

Some features use AI models to generate draft text. AI output is a suggestion only: it may be inaccurate, incomplete, or unsuitable, and it is generated automatically without human review. You are responsible for reviewing and editing anything produced this way before you rely on it or send it to a client. AI features may be subject to fair-use limits, which we may adjust to keep the Service sustainable.

8. Intellectual property

The Service - including its software, design, and branding - remains our property and that of our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan, and nothing more. You may not copy, modify, reverse engineer, or create derivative works from the Service except to the extent that restriction is prohibited by law.

If you send us feedback or suggestions, we may use them to improve the Service without obligation or compensation to you.

9. Availability, support, and changes

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free access. The Service may be unavailable during planned maintenance or because of events outside our control. We provide support by email to all customers; response times vary by plan.

We continue to develop the Service, and features may be added, changed, or removed. Where we remove or materially reduce a feature you rely on, we will give you reasonable notice.

10. Third-party services

The Service integrates with third parties, including Stripe for payments. Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, or availability.

11. Warranties and consumer guarantees

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all implied warranties.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Because the Service is supplied for well under $100,000, you acquire it as a "consumer" for the purposes of the Australian Consumer Law even though you use it for business. The consumer guarantees - including that the Service is fit for purpose and supplied with due care and skill - apply, and we do not attempt to contract out of them. Any provision of these Terms that would do so has no effect to that extent.

Where our liability for breach of a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.

12. Limitation of liability

To the maximum extent permitted by law, and subject to clause 11, we will not be liable for any indirect, incidental, special, or consequential loss, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or in connection with your use of the Service.

Our total aggregate liability arising out of or in connection with these Terms is limited to the total fees you paid us for the Service in the twelve months immediately before the event giving rise to the liability.

You are responsible for keeping your own copies of records you are legally required to retain. The ATO generally requires business records to be kept for five years, and that obligation is yours regardless of how long we happen to retain data.

Nothing in this clause limits liability that cannot be limited at law, including liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, or under the non-excludable consumer guarantees described in clause 11.

13. Indemnity

You agree to indemnify us against any claim, loss, or expense arising from your breach of these Terms, your misuse of the Service, or content you submit that infringes the rights of a third party.

14. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms and, where the breach can be fixed, do not fix it within 14 days of notice from us.

On termination, your right to use the Service ends immediately. We will make your data available for export for at least 30 days after termination, unless we are prevented from doing so by law or the account was terminated for serious misuse. After that period we may delete it in accordance with our Privacy Policy.

15. Changes to these Terms

We may update these Terms from time to time. For material changes we will give you at least 30 days' notice by email or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not accept a change, you may cancel before it takes effect.

16. General

These Terms, together with the Privacy Policy, are the entire agreement between us about the Service. If any provision is found unenforceable, the rest continues to apply. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger, acquisition, or sale of assets.

Resolving disputes. If something goes wrong, tell us first atsupport@apsis.com.au. Both of us agree to try in good faith to resolve a dispute directly before starting court proceedings. This does not stop either of us seeking urgent injunctive relief, and it does not affect your right to take a complaint to a regulator or to a small claims tribunal.

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place. We have deliberately not required you to litigate exclusively in one state: if you are in another part of Australia, you keep the option of your local court.

17. Contact us

Questions about these Terms can be sent tosupport@apsis.com.au, or through ourcontact form.

Apsis.