Terms of Service

1. Acceptance of Terms

By accessing or using the Fenix platform ('Service'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including businesses, employees, and administrators.

2. Description of Service

Fenix provides a cloud-based business management software platform including job scheduling, invoicing, payroll, rostering, customer management, and related tools. The Service is provided on a subscription basis and is subject to change with notice.

3. Eligibility

• You must be at least 18 years old to use this Service
• You must have the legal authority to enter into a binding contract
• You must be using the Service for lawful business purposes
• By registering, you confirm you meet these requirements

4. Account Registration & Security

• You must provide accurate, complete, and up-to-date information when registering
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorised use of your account
• We reserve the right to suspend accounts that provide false information

5. Subscription & Payments

• Services are billed on a weekly, monthly, or annual basis depending on your chosen plan
• All fees are in Australian Dollars (AUD) unless stated otherwise
• Subscription fees are charged in advance at the start of each billing period
• Fees are non-refundable unless required by Australian Consumer Law
• We may change pricing with at least 30 days' written notice
• Failure to pay may result in suspension or termination of your account
• You authorise us to charge your nominated payment method on each renewal date

6. Free Trials

• We may offer a free trial period for new subscribers
• Only one free trial is permitted per business
• After the trial period ends, you will be automatically charged unless you cancel before the trial expires
• We reserve the right to modify or cancel free trial offers at any time

7. Cancellation & Termination

• You may cancel your subscription at any time via your account settings or by contacting us
• Upon cancellation, access continues until the end of the current billing period
• No refunds are provided for unused portions of a billing period
• We may suspend or terminate your account immediately if you breach these Terms
• Upon termination, your right to access the Service ceases and your data may be deleted after 30 days

8. Intellectual Property

• All software, code, design, branding, content, and intellectual property on the platform remains the sole property of Fenix
• You are granted a limited, non-exclusive, non-transferable licence to use the Service for your business purposes
• You may not copy, modify, reverse engineer, resell, or sublicense the platform or any part of it
• You may not use our name, logo, or branding without prior written consent

9. Your Data & Content

• You retain ownership of all data and content you upload to the Service
• You grant us a limited licence to store, process, and use your data solely to provide the Service
• You are responsible for ensuring you have the right to upload any data you provide
• We will not sell or share your data with third parties except as required to operate the Service or comply with law
• You are responsible for maintaining backups of your critical data

10. Gmail & Third-Party Integrations

When you connect third-party services such as Gmail to the platform:

• You authorise us to access your account data on your behalf using OAuth 2.0
• We only access the minimum data required to provide the integration feature
• You may disconnect any integration at any time from within your account settings
• We are not responsible for the availability, accuracy, or security of third-party services
• Your use of third-party services is governed by their respective terms and privacy policies

11. Acceptable Use

You agree NOT to use the Service to:

• Engage in any unlawful, fraudulent, or harmful activity
• Upload or transmit malware, viruses, or malicious code
• Attempt to gain unauthorised access to any system or data
• Harass, abuse, or harm another person
• Violate any applicable local, state, national, or international law
• Use the platform in a way that disrupts or degrades performance for other users
• Scrape, crawl, or extract data from the platform without written permission

12. Service Availability & Maintenance

We aim to provide reliable, uninterrupted access to the Service. However:

• We do not guarantee 100% uptime or uninterrupted availability
• We may perform scheduled or emergency maintenance at any time
• We are not liable for any loss caused by downtime, outages, or service interruptions
• We will make reasonable efforts to notify users of planned maintenance in advance

13. Limitation of Liability

To the maximum extent permitted by Australian law:

• We are not liable for any indirect, incidental, special, or consequential loss or damage
• We are not liable for loss of profit, revenue, data, or business opportunity
• Our total aggregate liability to you in any 12-month period is limited to the total fees you paid to us in that period
• Nothing in these Terms limits liability for death, personal injury, or fraud caused by our negligence

14. Disclaimer of Warranties

The Service is provided 'as is' and 'as available' without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, except where required by Australian Consumer Law.

15. Financial & Tax Disclaimer

This software does not provide financial, accounting, or tax advice. It is a management and reporting tool designed to help businesses stay organised. Any tax estimates, payroll calculations, or financial figures generated by the platform are indicative only and should not be relied upon as professional financial or taxation advice. Users must consult a registered tax agent, accountant, or qualified financial professional for all financial and tax-related matters. Fenix accepts no liability for errors in tax or payroll calculations.

16. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

17. Changes to Terms

We may update these Terms of Service at any time. We will notify you of material changes via email or a notice within the platform. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.

18. Governing Law & Dispute Resolution

• These Terms are governed by the laws of Queensland, Australia
• Any disputes will first be attempted to be resolved through good faith negotiation
• If unresolved, disputes may be referred to mediation before any legal proceedings
• The courts of Queensland, Australia have exclusive jurisdiction over any legal disputes arising from these Terms

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fenix regarding the use of the Service and supersede all prior agreements and understandings.

21. Contact Us

If you have any questions about these Terms of Service, please contact us at: fenixcustomsoftware@gmail.com