Terms of Service

1. About the Website

Welcome to the Acenci Software-as-a-Service (SaaS) Platform, accessible through various domains operated by us (collectively, the Website). The Website allows you to access and use the Acenci SaaS Platform services (Services).
The Website is operated by Acenci, ABN 51226309421. Access to and use of the Website, or any of its associated products or Services, is provided by Acenci. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Acenci reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Acenci updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take effect on the effective date published in the notice. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

Acenci SaaS Platform provides online tools and services to help organisations manage their operations.
Free and Paid accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
Some accounts may be governed by a separate Software Licensing Agreement with Acenci, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Acenci is not responsible for any delays, delivery failures, or other damage resulting from such problems.

4. Acceptable use of the Service

Acenci SaaS Platform, its related features, and website must only be used lawfully. Acenci reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
1. To engage in any act that would disrupt the access, availability, and security of Acenci SaaS Platform and other Acenci services, including but not limited to:
  1. Tampering with, reverse-engineering, or hacking our servers.
  2. Modifying, disabling, or compromising the performance of Acenci SaaS Platform or other Acenci services.
  3. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
  4. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Acenci.
2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. To stalk, harass or threaten users and any member of the public.
4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Acenci or any third party
5. To access or search any part of the Service, or any other Service owned by Acenci other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
6. To post, upload, share, or otherwise circulate content in violation of Acenci SaaS Platform's content policy
7. To use the Service in any way that violates the intellectual property rights of Acenci or any third party, including but not limited to copying, modifying, or distributing any content without proper authorisation.
8. To send, distribute, or facilitate the transmission of unsolicited bulk communications, spam, chain letters, or any form of unsolicited commercial or promotional material through the Service.
9. To upload, transmit, distribute, or otherwise make available any software, code, or content that contains viruses, malware, trojans, worms, time bombs, or any other harmful or malicious code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
10. To use any robot, spider, scraper, or other automated means to access the Service for any purpose, or to monitor or copy any material from the Service, without the express prior written permission of Acenci.
11. To resell, sublicense, lease, time-share, or otherwise make the Service available to any third party without the express prior written consent of Acenci, unless expressly permitted under a separate Software Licensing Agreement.
12. To use the Service to develop, support, or operate a product or service that competes with Acenci SaaS Platform or any other services offered by Acenci.
13. To provide false, inaccurate, or misleading information during registration or at any time during your use of the Service, or to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
14. To post, upload, store, transmit, or distribute any content that is obscene, pornographic, sexually explicit, defamatory, offensive, or otherwise objectionable, or that violates any applicable laws or regulations regarding obscenity or indecency.

5. Security and Data Privacy

Acenci takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Acenci's Privacy Policy, which is available on the Website. The Privacy Policy also addresses Acenci's processes, policies, and obligations in respect of Acenci SaaS Platform security breaches.

Acenci implements industry-standard security measures to protect your data, including encryption, regular security audits, and restricted access controls. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

6. Data Use

Acenci collects, stores, and processes your data on Acenci SaaS Platform. The data is used to provide Services to you, as well as to facilitate Acenci's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Acenci. The Privacy Policy also addresses Acenci's processes, policies, and obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a customer ('Customer').
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address, phone number and organisation.
You warrant that any information you give to Acenci in the course of completing the registration process will always be accurate, correct and up to date.

Administrators, account owners, and billing contacts must provide true, complete, and current identification and contact details during registration and use of the Service. Pseudonyms are not permitted for these roles, as accurate identity is required for billing, support, legal notices, and account security.

For end-users whose accounts are provisioned by an organisation (such as a school), Acenci may permit the use of pseudonyms or display names, provided that:
- The organisation maintains an authoritative record linking the pseudonym to the individual;
- The organisation has obtained any required parental or guardian consents for minors; and
- The pseudonymised account is used in accordance with Acenci’s Privacy Policy and applicable agreements.
Pseudonymised accounts are still treated as personal information under the Privacy Act 1988 (Cth) and are subject to Acenci’s data protection obligations, including access controls, audit logging, and incident response procedures
Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Customer you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
You may not use the Services and may not accept the Terms if:
1. you are not of legal age to form a binding contract with Acenci; or
2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services
Subscription Fees are subject to change at Acenci's discretion. Any changes to Subscription Fees will be notified to you at least 30 days before the change takes effect. If you do not agree with the changes, you may cancel your Subscription before the new fees come into effect.

8. Age Requirements and Data Collection from Minors

Personal account holders must be at least 16 years of age to register for and use the Service. By creating a personal account, you warrant that you are at least 16 years old and have the legal capacity to enter into these Terms.
Users under the age of 16 may only access and use the Service through a school, educational institution, or other organisation that has entered into a separate agreement with Acenci. In such cases, the school or organisation is responsible for obtaining any necessary parental or guardian consent and ensuring compliance with applicable privacy laws regarding the collection and use of personal information from minors.
Acenci reserves the right to request proof of age at any time and may suspend or terminate accounts that do not meet these age requirements.
Where the Service is provided to users under 16 through a school or organisation, Acenci will handle personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and as set out in our Privacy Policy.
Parental Rights and Data Removal Requests
1. Parents or legal guardians who discover that their child under the age of 16 has created a personal account or whose data is held by Acenci may request access to, correction of, or deletion of their child's personal information by contacting Acenci via the 'Contact Us' link on our homepage or by emailing [email protected].
2. To protect the privacy and security of the child's information, Acenci will require the parent or guardian to verify their identity and their relationship to the child before processing any request. Verification may include providing:
  - proof of identity (such as a driver's licence or passport);
  - proof of guardianship or parental relationship (such as a birth certificate or court order); and
  - sufficient information to identify the child's account or data.
3. Upon successful verification, Acenci will, within a reasonable timeframe and in accordance with applicable privacy laws, provide access to the child's data, make requested corrections, or permanently delete the child's account and associated personal information, subject to any legal obligations to retain certain data.
4. Where a child's account is accessed through a school or organisation, parents or guardians should first contact the school or organisation directly, as they may be the primary controller of the child's data. Acenci will cooperate with schools and organisations to facilitate parental requests in accordance with applicable agreements and privacy laws.

9. Payments

Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
Payments made in the course of your use of Acenci SaaS Platform may be made using third-party applications and services not owned, operated, or otherwise controlled by Acenci. You acknowledge and agree that Acenci will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Acenci SaaS Platform services.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Acenci can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

10. Refund Policy

Acenci offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Acenci will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Acenci makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Customer (Refund).

11. Copyright and Intellectual Property

The Website, the Services and all of the related products of Acenci are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Acenci or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Acenci, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device's cache memory; and
3. print pages from the Website for your own personal and non-commercial use.
Acenci does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Acenci.
Acenci retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Acenci and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
You agree to indemnify, defend, and hold harmless Acenci, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Account.
You retain all rights, title, and interest in and to any data, content, or materials that you upload, submit, or otherwise make available through the Service (Customer Data). Acenci does not claim any ownership rights over your Customer Data and shall not copy, alter, distribute, perform, display, or otherwise use your Customer Data for any purpose other than to provide the Services to you as set out in these Terms. Acenci will not share, license, or make your Customer Data available to other users, third parties, or affiliated organisations without your express prior written consent, except where required by law or as necessary to provide the Services to you.

12. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. For Free Services: Acenci will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. For Paid Services: Acenci accepts responsibility for direct damages resulting from Acenci's operational faults, breaches, or failures in providing the Services. However, Acenci will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), except where such damages directly result from Acenci's operational fault. Acenci shall be indemnified from liability arising out of or in connection with Customer faults or the actions or omissions of Customer's users.
4. Without limiting the generality of clause 12.b.iii, Acenci specifically excludes liability for:
  1. loss of revenue, income, or anticipated savings;
  2. loss of data or corruption of data caused by Customer or Customer's users;
  3. loss of business opportunity or contracts;
  4. loss arising from business interruption;
  5. wasted management or staff time; and
  6. any indirect, consequential, or punitive damages.
5. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified. This includes but is not limited to:
  1. guarantees relating to acceptable quality, fitness for purpose, and correspondence with description under sections 60, 61, and 62 of the Australian Consumer Law;
  2. liability for death or personal injury caused by negligence; and
  3. liability for fraud or fraudulent misrepresentation.
For Free Services: Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Acenci make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Acenci) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of Acenci; and
4. the Services or operation in respect to links which are provided for your convenience.

13. Limitation of Liability

13.1 Free Services

To the extent permitted by law, Acenci's total liability arising out of or in connection with Free Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed AUD $1.
Acenci shall be entirely indemnified from all liability, claims, damages, losses, and costs (including legal fees) arising out of or in connection with Customer's use of Free Services, regardless of the cause.

13.2 Paid Services

To the extent permitted by law, Acenci's total liability to Customers for direct damages arising out of or caused by Acenci's operational faults, breaches, or failures in providing Paid Services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed an amount up to the total fees paid by Customer for the specific Service(s) directly involved in the event giving rise to the liability in the twelve (12) months preceding such event.
Acenci shall not be liable for any damages, losses, or claims arising out of or caused by:
1. any action, omission, fault, negligence, or breach by Customer or Customer's users;
2. Customer's misuse, misconfiguration, or improper use of the Services contrary to documented procedures or security recommendations;
3. Customer's failure to implement reasonable security measures;
4. Customer's failure to notify Acenci promptly of unauthorized access or security incidents;
5. third-party services, integrations, or products not provided by Acenci;
6. Customer's failure to follow Acenci's documented security practices and guidance; or
7. any matter that is not within Acenci's operational control or responsibility.

In such cases, Customer shall indemnify Acenci from all liability and costs associated with such claims.

The liability limitations in Section 13.2.a do not apply to liability arising from:
1. gross negligence or willful misconduct by Acenci;
2. Acenci's failure to comply with applicable privacy or data protection laws;
3. Acenci's breach of obligations under these Terms relating to data security and confidentiality;
4. any liability that cannot lawfully be limited under applicable law.
Except as prohibited by law, Acenci will not be liable for any indirect, incidental, special, or consequential damages (including loss of profits, goodwill, or business reputation), provided that this exclusion does not limit liability for direct damages caused by Acenci's operational faults as described in Section 13.2.a.

14. Termination of Contract

The Terms will continue to apply until terminated by either you or by Acenci as set out below.
If you want to terminate the Terms, you may do so by:
1. not renewing the Subscription prior to the end of the Subscription Period;
2. providing Acenci with 14 days' notice of your intention to terminate; and
3. closing your accounts for all of the services which you use, where Acenci has made this option available to you.
Any notices pursuant to Clause 14.b above should be sent, in writing, to Acenci via the 'Contact Us' link on our homepage.
Acenci may at any time, terminate the Terms with you if:
1. you do not renew the Subscription at the end of the Subscription Period;
2. you have breached any provision of the Terms or intend to breach any provision;
3. Acenci is required to do so by law;
4. the provision of the Services to you by Acenci is, in the opinion of Acenci, no longer commercially viable.
Subject to local applicable laws, Acenci reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Acenci's name or reputation or violates the rights of those of another party.

15. Indemnity

Customer agrees to indemnify, defend, and hold harmless Acenci, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) arising from:

any breach of these Terms by Customer or Customer's users;
any violation of applicable laws or regulations by Customer or Customer's users;
any violation of third-party intellectual property rights through Customer Data or Customer's use of the Services;
any claim arising from actions, omissions, fault, or negligence of Customer or Customer's users;
Customer's misuse, misconfiguration, or improper use of the Services;
Customer's failure to maintain adequate backups or implement security measures;
unauthorized access to the Services by Customer's users or third parties using Customer's credentials or account;
any claim by Customer's users, customers, or other third parties relating to Customer's use of the Services or Customer Data;
any direct or indirect consequences of Customer accessing, using or transacting on the Website or attempts to do so, except where such consequences directly result from Acenci's operational faults; and
Customer's content (Customer Data) and any liability arising from its nature, accuracy, or legality.

This indemnity does not apply to claims arising solely and directly from Acenci's operational faults, gross negligence, willful misconduct, or breach of these Terms by Acenci.

16. Dispute Resolution

16.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

16.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Brisbane, Australia.

16.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

16.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

The Services offered by Acenci are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland.

18. Governing Law

The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

20. Changes to the Terms of Service

Acenci reserves the right to update or modify these Terms of Service at its sole discretion. Any changes to these Terms will be communicated to users at least 28 days prior to the effective date of the updated Terms. Users will be required to accept the updated Terms to continue using the Service. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.

Contact us

If you have any questions about these Terms and Conditions, you can contact us via email at [email protected].

Last updated April 21, 2026