Terms of Service

1. Our Services

MyFacit is a software-as-a-service analytics platform for independent cafés and small hospitality businesses. It integrates with a venue's existing point-of-sale system and supplier invoice emails to consolidate sales, cost, and supplier data into one dashboard, helping owners track revenue trends, monitor ingredient and supplier costs, analyse menu profitability, and forecast future sales.

The Services are provided for general business-information purposes. They do not constitute financial, accounting, tax, or legal advice, and you should not rely on them as a substitute for professional advice. Forecasts and insights are estimates only and are not guarantees of future performance.

2. Intellectual Property Rights

We own or licence all intellectual property rights in the Services, including all software, source code, databases, functionality, designs, text, graphics, and trademarks (the 'Content' and 'Marks'). The Content and Marks are protected by copyright and other laws. Except as set out in these Terms, no part of the Services may be copied, reproduced, republished, sold, or otherwise exploited for any commercial purpose without our prior written permission.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes.

3. Your Data and Ownership

You retain all ownership of the business data you upload to or connect with the Services, including your sales, supplier, invoice, and staffing information ('Customer Data'). We do not claim ownership of your Customer Data.

You grant us a limited, non-exclusive licence to access, process, store, and display your Customer Data solely to provide and improve the Services for you, and as described in our Privacy Policy. We will not sell your Customer Data or share it with other customers. Each customer's data is isolated from every other customer's. On termination of your account, we will delete or anonymise your Customer Data in accordance with the retention period set out in our Privacy Policy.

You represent that you have all rights necessary to provide your Customer Data to us and that doing so does not violate any law or third-party right.

4. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have legal capacity and agree to comply with these Terms; (4) you are not under the age of 18; and (5) you will not use the Services for any illegal or unauthorised purpose.

5. User Registration

You may be required to register to use the Services. You are responsible for keeping your account credentials confidential and for all activity under your account. We use passwordless ('magic link') and Google sign-in for authentication. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate.

6. Subscriptions, Fees, and Payment

The Services are offered on a paid subscription basis. Current pricing is displayed on our website and is in Australian dollars (AUD), exclusive or inclusive of GST as indicated at checkout. We may change pricing on a prospective basis with reasonable notice; changes will not affect your current billing period.

Billing. Payments are processed by our third-party payment processor, Stripe. We accept Visa, Mastercard, and American Express. By subscribing, you authorise us (via Stripe) to charge your payment method on a recurring basis for the subscription you select.

Auto-renewal. Subscriptions automatically renew at the end of each billing period (e.g. monthly) until cancelled. You authorise recurring charges without requiring your approval for each charge.

Cancellation. You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not provide refunds or credits for partial billing periods, except where required by the Australian Consumer Law (see Section 19).

If your payment is not successfully settled, we may suspend or terminate your access to the Services.

7. Free Trial

We may offer a free trial (for example, 14 days) to new users, with no credit card required to start. At the end of the trial period, access to paid features will pause unless you choose to subscribe — we will not automatically convert your trial to a paid plan or charge you without your action. We reserve the right to modify or discontinue free-trial offers at any time.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. In particular, you agree not to:

• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile or account.
• Attempt to access, scrape, or reverse-engineer the Services, or access data belonging to any other customer or business.
• Upload data you do not have the right to provide, or use the Services in violation of any applicable law or regulation.
• Interfere with, disrupt, or place undue load on the Services or their supporting infrastructure.
• Use the Services to transmit malware, or to engage in any fraudulent, misleading, or unlawful activity.

9. Third-Party Websites and Content

The Services may link to third-party websites or services that we do not own or control (for example, your point-of-sale provider, Stripe, or Google). We are not responsible for the content, accuracy, or practices of any third-party websites or services. Accessing them is at your own risk, and you should review their terms and privacy policies.

10. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Terms, to take appropriate legal action against anyone who violates them, and to manage the Services in a manner designed to protect our rights and property and to facilitate proper functioning.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by it, which is incorporated into these Terms.

12. Term and Termination

These Terms remain in effect while you use the Services. We may, in our sole discretion and without notice or liability, suspend or terminate your access to the Services for any reason, including breach of these Terms. You may terminate by cancelling your subscription and ceasing to use the Services. On termination, the provisions of these Terms that by their nature should survive (including ownership, disclaimers, limitation of liability, and dispute resolution) will continue to apply.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time, and to modify or discontinue all or part of the Services without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions or delays. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Services during any downtime.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict-of-law principles. You agree to the non-exclusive jurisdiction of the courts of Victoria for any matter not subject to the dispute-resolution process below.

15. Dispute Resolution

Informal negotiations. To expedite resolution and control cost, you and we agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding arbitration. If the dispute is not resolved through informal negotiations, it will be finally resolved by binding arbitration administered under the rules of a recognised Australian arbitration body. There will be one (1) arbitrator. The seat of arbitration will be Victoria, Australia, and the proceedings will be conducted in English. Nothing in this section prevents either party from seeking urgent injunctive relief from a court.

This dispute-resolution provision does not apply to, and does not limit, any rights you have under the Australian Consumer Law (see Section 19).

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information at any time, without prior notice.

17. Disclaimer

Except as expressly set out in these Terms and to the maximum extent permitted by law, the Services are provided on an 'as is' and 'as available' basis. We make no warranties of any kind, whether express or implied, in connection with the Services or your use of them, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, be uninterrupted, secure, or error-free, or that any insights or forecasts will be accurate or reliable. This Section is subject to Section 19 (Australian Consumer Law).

18. Limitation of Liability

To the maximum extent permitted by law, in no event will we or our directors, employees, or agents be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit or lost data, arising from your use of the Services, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or the Services is limited to the amount you actually paid to us in the twelve (12) months preceding the event giving rise to the claim. This limitation is subject to, and does not exclude, your rights under the Australian Consumer Law (see Section 19).

19. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, our liability for failing to comply with such a guarantee is limited, where permitted, to re-supplying the services or paying the cost of having the services re-supplied.

20. Indemnification

You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party arising out of your use of the Services, your breach of these Terms, your Customer Data, or your violation of any law or the rights of a third party.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, emailing us, and completing online forms constitute electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

22. Miscellaneous

These Terms and any policies we post constitute the entire agreement between you and us. Our failure to enforce any right or provision will not be a waiver of that right or provision. If any provision is held to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms.

23. Contact Us

To resolve a complaint regarding the Services or to receive further information about their use, please contact us at myfacitsupport@gmail.com or by post at:

MyFacit
U 2, 2 Kipling Street
St Kilda, Victoria 3182
Australia