Terms of service

The Service is provided on a pre-release, beta basis. This means:

• it may contain errors, may change, and may be suspended or discontinued at any time;
• it is provided free of charge during the beta unless we tell you otherwise;
• we do not offer any service level, uptime, or support commitment during the beta; and
• you must only use synthetic or de-identified data, as described in our privacy policy. You must not enter real personal or sensitive information about any real person during the beta.

You are responsible for your account, for keeping your password secure, and for all activity under your account. Tell us promptly at hello@practicebinder.com.au if you believe your account has been compromised.

You agree not to:

• use the Service to break the law or to infringe anyone's rights;
• upload malware, attempt to gain unauthorised access, or interfere with the Service's operation or security;
• enter real personal or sensitive information during the beta; or
• resell or provide the Service to a third party without our written agreement.

You own the data you enter into the Service ("Your Data"). You grant us a limited licence to host, store, process, and display Your Data only as needed to provide the Service to you and as described in our privacy policy.

You are responsible for Your Data, including for having the right to provide it and for not entering data that breaches these Terms or any law. During the beta this includes the obligation not to enter real personal or sensitive information.

We own the Service, including its software, design, and content, other than Your Data. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service while these Terms are in force. You may not copy, modify, reverse engineer, or create derivative works of the Service.

The Service is free during the beta. If we introduce paid plans, we will give you notice and you can choose whether to continue on a paid basis. Fees, once introduced, are payable through our payment processor and are exclusive of GST unless stated otherwise.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. Where the ACL applies and permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to re-supplying the service or paying the cost of having it re-supplied.

To the extent permitted by law, and subject to section 7, the Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error free, or fit for any particular purpose. The Service is a record-keeping tool. It does not provide legal, compliance, or professional advice, and it is your responsibility to meet your own regulatory obligations.

Subject to section 7, and to the maximum extent permitted by law:

• neither party is liable to the other for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, goodwill, anticipated savings, or data; and
• our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the total fees you paid us in the 12 months before the event giving rise to the liability, or, if you have paid us nothing (for example during the free beta), to one hundred Australian dollars (AUD 100).

You indemnify us against any loss, liability, cost, or claim we suffer arising out of or in connection with Your Data, your use of the Service in breach of these Terms, or your breach of any law, including any claim that Your Data infringes a third party's rights or breaches a privacy law.

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if we discontinue the Service, or as otherwise permitted by law. On termination, your right to use the Service ends. We will, on request and within a reasonable period, return or delete Your Data, subject to any record we must keep by law.

Each party may receive confidential information of the other. Each party agrees to protect the other's confidential information and to use it only for the purposes of these Terms, except where disclosure is required by law.

We may update these Terms. If we make a material change we will give you reasonable notice, for example by an in-app notice. Your continued use of the Service after the change takes effect means you accept the updated Terms. We record the version of these Terms you accepted at signup.

These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria. If any part of these Terms is found to be unenforceable, the rest continues to apply. These Terms are the entire agreement between us about the Service and replace any earlier understanding.

Questions about these Terms: hello@practicebinder.com.au, Practice Binder Pty Ltd, 56 Epsom Rd, Kensington VIC 3031.