Last updated: Pending legal review: [DATE OF PUBLICATION]
These terms are an agreement between Crittiks Group Pty Ltd (ABN 55 654 097 784) ("Crittiks", "we") and the business or person that creates a Crittiks account or workspace ("you", "Customer"). By creating an account, starting a trial or using Crittiks, you agree to these terms. If you accept on behalf of a business, you confirm you are authorised to bind it.
3.1 The service
Crittiks is a web-based platform that includes, depending on your plan: a CRM with connected email, electronic signatures, project and task management, team messaging and video meetings, quotes, invoicing and payment records, accounting sync, AI-assisted features and a client portal. We may improve, change or add features over time. We will not remove a core feature of your plan during a paid period without notice. Pending legal review: [LAWYER: define notice.]
Some features depend on third-party services you choose to connect (for example your mailbox, calendar, video-meeting account, Stripe account or accounting system). Your use of those services is governed by their own terms, and we are not responsible for them or for their availability.
3.2 Accounts and access
You must give accurate information, keep your password secure, and tell us promptly about any unauthorised use. You are responsible for the activity of everyone you invite to your workspace, including team members and client representatives, and for the access levels you give them. We may suspend access that we reasonably believe is compromised.
3.3 Trial
New workspaces may receive a free trial of 14 days. At the end of the trial, the workspace becomes read-only until you choose a paid plan. We may change or end trial offers at any time.
3.4 Plans, fees and payment
- Plans, prices and included limits (such as seats, connected mailboxes, AI usage and storage) are shown on our pricing page and in your billing settings. Pending legal review: [ASH: publish the final plan names, prices and limits.]
- Fees are billed in advance, monthly or annually, through our payment provider Stripe, and renew automatically until cancelled.
- Prices are in Pending legal review: [USD] and Pending legal review: [exclude/include GST — LAWYER: confirm GST treatment for Australian and overseas customers].
- If a payment fails, we may suspend the workspace after notice until the amount is paid.
- We may change prices with at least Pending legal review: [30] days' notice, effective from your next renewal.
- Refunds: Pending legal review: [ASH/LAWYER: choose, for example "fees are non-refundable except as required by law" or a pro-rata refund on annual plans].
Payments you receive. If you connect your own Stripe account to accept card payments on your invoices, payments go directly to your Stripe account. Crittiks does not hold your funds, is not a party to your transactions with your customers, and charges no transaction fee. Stripe's own fees and terms apply between you and Stripe.
3.5 Your data
You own your data. Everything you and your users put into Crittiks ("Customer Data") remains yours. You give us a limited licence to host, copy, process and display Customer Data only to provide and support the service and as described in our Privacy Policy.
You are responsible for Customer Data, including having the rights and any consents needed to store it in Crittiks and to send communications (such as emails and email sequences) to the people in it, and for complying with privacy, anti-spam (including the Spam Act 2003 (Cth)) and other laws that apply to your use.
Export and deletion. A workspace owner can export the workspace's data at any time while the account is active and for Pending legal review: [30] days after it ends. When you delete a workspace, it can be restored for 14 days, after which we delete it, except where the law requires us to keep something.
Privacy. Our Privacy Policy explains how we handle personal information, including where it is stored. Where we process personal information on your behalf, we do so on your instructions and under our Data Processing Addendum Pending legal review: [LAWYER: publish or provide on request].
3.6 Electronic signatures
Crittiks lets you send documents for electronic signature and records an audit trail and Certificate of Completion. Crittiks provides standard electronic signatures; it does not verify signers' identities and does not apply certified or qualified digital signatures. You are responsible for deciding whether an electronic signature is appropriate and legally effective for each document and jurisdiction. Some documents may require a handwritten signature, witnessing, specific formalities or a particular signing method, and Crittiks is not suitable for those. Crittiks does not provide legal advice. Pending legal review: [LAWYER: review against the Electronic Transactions Act 1999 (Cth) and state equivalents, and relevant exclusions such as wills, powers of attorney and certain land and court documents.]
3.7 AI features
AI features generate suggestions (for example task lists or descriptions) that may be inaccurate or incomplete. You are responsible for reviewing anything generated before relying on it. AI usage may be limited by your plan.
3.8 Acceptable use
You must not use Crittiks to: break any law; send spam or unsolicited bulk messages; infringe others' rights; upload malware; attempt to access other customers' data or bypass security or access controls; overload or disrupt the service; resell the service without our written agreement; or store information you have no right to store. We may suspend or remove content or accounts that breach these terms, with notice where practical.
3.9 Availability and support
We aim to keep Crittiks available and to fix problems promptly, but we do not guarantee uninterrupted service. We may carry out maintenance, preferably with advance notice. Support is provided through the channels described in the service. Pending legal review: [ASH: state support hours and response targets if any; decide whether to offer a service level agreement.]
3.10 Intellectual property
Crittiks, its software, design and content (other than Customer Data) belong to us and our licensors. We give you a non-exclusive, non-transferable right to use the service during your subscription under these terms. If you send us feedback, we may use it without obligation to you.
3.11 Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law.
3.12 Consumer guarantees
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited to resupplying the service or paying the cost of having it resupplied.
3.13 Disclaimers and limitation of liability
To the extent permitted by law:
- the service is provided "as is" and we give no warranties beyond those in these terms and those that cannot be excluded;
- we are not liable for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill;
- our total liability to you in connection with these terms is limited to the fees you paid us in the Pending legal review: [12] months before the event giving rise to the claim. Pending legal review: [LAWYER: set the cap and any carve-outs, for example for breach of confidentiality or data protection obligations.]
3.14 Indemnity
You indemnify us against claims arising from Customer Data, your breach of these terms or law, or your use of connected third-party services, to the extent permitted by law. Pending legal review: [LAWYER: consider whether a mutual indemnity is appropriate for business customers.]
3.15 Term, cancellation and suspension
You can cancel at any time from your billing settings; cancellation takes effect at the end of the current paid period. We may suspend or terminate your account for non-payment or a material breach of these terms that is not fixed within Pending legal review: [14] days of notice, or immediately where required by law or to protect the service or others. On termination, your right to use the service ends and Section 3.5 (export and deletion) applies.
3.16 Changes to these terms
We may update these terms. We will give workspace owners at least Pending legal review: [30] days' notice of material changes by email or in the service. Continuing to use Crittiks after a change takes effect means you accept it; if you do not agree, you may cancel before it takes effect.
3.17 General
These terms are governed by the laws of Pending legal review: [New South Wales / Victoria / Queensland — LAWYER], Australia, and each party submits to the non-exclusive jurisdiction of its courts. If any part of these terms is unenforceable, the rest remains in force. You may not assign these terms without our consent; we may assign them to a successor of our business. These terms, with the Privacy Policy and any order or plan details, are the whole agreement between us about the service.
Contact: Pending legal review: [[email protected]], Crittiks Group Pty Ltd, Pending legal review: [POSTAL ADDRESS].