Terms of Service

01Introduction and Acceptance of Terms

Welcome to Weeklify! These Terms of Service ("Terms", "Agreement") are a legal agreement between you ("you", "your", "User", "Customer") and Hyaki Pty Ltd (ABN: 75 678 395 018) trading as Weeklify ("we", "us", "our", "Weeklify", "Company").

These Terms govern your access to and use of our cloud-based Point of Sale (POS) system, including our website at weeklify.cloud, mobile applications, and any related services, features, content, or applications offered by Weeklify (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

02Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending an email notification to the address associated with your account
• Displaying a notice within the Service

Your continued use of the Service after any changes indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account in accordance with Section 18.

03Description of Service

Weeklify provides a cloud-based Point of Sale system designed to help businesses manage:

• Sales transactions and payment processing
• Customer information and records
• Staff management, rostering, and wage estimation
• Inventory and product management
• Business analytics and reporting
• Integration with payment terminals (Tyro, Linkly, Commonwealth Bank)

The Service is hosted on dedicated servers located in Australia and is accessible via web browser and compatible devices.

04Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under Australian law or any other applicable laws
• Provide accurate, complete, and current information during registration

If you are using the Service on behalf of a business or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

05Account Registration and Security

5.1 Account Creation

To access the Service, you must create an account by providing:

• Your name and contact information
• Business details (name, ABN, address)
• Valid email address
• Secure password

You may also register using Google OAuth authentication.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach
• Ensuring your account information is accurate and up to date

We strongly recommend enabling two-factor authentication (2FA) to enhance your account security.

5.3 Account Restrictions

You may not:

• Share your account credentials with others
• Create multiple accounts for the same business without authorisation
• Use another person's account without permission
• Sell, transfer, or sublicense your account to others

06Subscription Plans and Fees

6.1 Subscription Plans

We offer various subscription plans with different features, limits, and pricing. Details of available plans are provided on our website and during the registration process.

6.2 Fees

By subscribing to the Service, you agree to pay:

• The subscription fees for your selected plan
• Any applicable taxes (including GST)
• Any additional fees for optional features or services

All fees are quoted in Australian Dollars (AUD) unless otherwise specified.

6.3 Billing Cycle

Subscription fees are billed on a recurring basis according to your selected billing cycle (monthly, annually, etc.). Billing occurs at the beginning of each billing period.

6.4 Payment Methods

We accept payment via credit card, debit card, or other payment methods as specified during registration. You authorise us to charge your payment method for all fees due.

6.5 Failed Payments

If a payment fails:

• We will notify you and attempt to process payment again
• Your access to the Service may be suspended until payment is received
• We may charge a reasonable fee for failed payment processing
• Your account may be terminated after repeated failed payments

6.6 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price increases. Price changes will take effect at the start of your next billing cycle after the notice period.

07Free Trial

We may offer a free trial period for new users. During the free trial:

• You have access to the Service without payment
• Certain features or limits may apply
• You may cancel at any time without being charged
• If you do not cancel before the trial ends, you will be automatically charged for a subscription

We reserve the right to modify or discontinue free trial offers at any time. You may only use one free trial per business unless otherwise authorised.

08Refund Policy

Subscription fees are generally non-refundable except:

• As required by Australian Consumer Law
• In cases of billing errors or duplicate charges
• At our sole discretion on a case-by-case basis

To request a refund, contact us at [email protected] with your account details and reason for the refund request.

09Acceptable Use of the Service

9.1 License Grant

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

9.2 Use Restrictions

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate the rights of others, including intellectual property rights
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorised access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to compete with us or develop competing products
• Resell, sublicense, or redistribute the Service without authorisation

9.3 Prohibited Activities

You may not use the Service to:

• Engage in fraudulent activities or money laundering
• Process payments for illegal goods or services
• Harass, threaten, or harm others
• Transmit spam or unsolicited communications
• Collect or store personal data about other users without consent
• Impersonate any person or entity
• Engage in any activity that could damage our reputation

10Your Content and Data

10.1 Ownership of Your Data

You retain all rights, title, and interest in and to all data you submit, upload, or store through the Service ("Your Data"), including:

• Customer information
• Staff information
• Transaction records
• Business data
• Any other content you input into the Service

10.2 License to Your Data

By using the Service, you grant us a limited license to use, store, process, and display Your Data solely for the purpose of:

• Providing and improving the Service
• Complying with legal obligations
• Enforcing these Terms
• Protecting the rights and safety of us, our users, and the public

We will not sell Your Data to third parties or use it for purposes other than those described in our Privacy Policy.

10.3 Responsibility for Your Data

You are solely responsible for:

• The accuracy and legality of Your Data
• Ensuring you have the right to use and share Your Data
• Compliance with all applicable laws regarding Your Data (including privacy laws)
• Maintaining backups of Your Data

10.4 Data Retention

We will retain Your Data according to our data retention policy:

• Standard Retention: 5 years from the date of collection or last activity
• Custom Retention: You may opt for a 3-month retention period, where we will send you quarterly data exports and delete data from our systems

For more information, see our Privacy Policy.

10.5 Data Deletion

Upon termination of your account:

• You may request a copy of Your Data within 30 days
• We will delete Your Data in accordance with our retention policy
• Some data may be retained as required by law or for legitimate business purposes
• Deleted data cannot be recovered

11Intellectual Property Rights

11.1 Our Intellectual Property

The Service and all content, features, and functionality are owned by Weeklify and are protected by Australian and international intellectual property laws. This includes:

• Software code and architecture
• User interface design
• Trademarks, logos, and branding
• Documentation and materials
• Trade secrets and proprietary information

11.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks without written permission
• Remove or alter any proprietary notices
• Frame or mirror any part of the Service

11.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution to you.

12Third-Party Services and Integrations

12.1 Payment Terminals

The Service integrates with third-party payment terminals including Tyro, Linkly, and Commonwealth Bank. Your use of these payment services is subject to their respective terms and conditions.

12.2 Google OAuth

If you use Google OAuth for authentication, your use is subject to Google's Terms of Service and Privacy Policy.

12.3 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for:

• The content, privacy practices, or terms of third-party services
• Any damages or losses arising from your use of third-party services

Your use of third-party services is at your own risk and subject to their terms.

13Service Availability and Modifications

13.1 Service Availability

We strive to provide reliable and continuous access to the Service. However, we do not guarantee that:

• The Service will be available at all times without interruption
• The Service will be error-free or secure
• Any defects will be corrected

We may experience downtime due to maintenance, updates, or circumstances beyond our control.

13.2 Planned Maintenance

We will provide reasonable notice of planned maintenance that may affect Service availability. We will attempt to schedule maintenance during off-peak hours when possible.

13.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service or any features at any time
• Add, remove, or change features
• Impose limits on certain features

We will provide reasonable notice of material changes that negatively affect your use of the Service.

14Service Level and Support

14.1 Customer Support

We provide customer support via email at [email protected]. Support availability and response times may vary based on your subscription plan.

14.2 Service Level Objectives

We aim to maintain high service availability and performance. Specific service level commitments may be provided in separate Service Level Agreements (SLA) for certain subscription plans.

15Warranties and Disclaimers

15.1 Limited Warranty

We warrant that we will provide the Service with reasonable care and skill in accordance with these Terms.

15.2 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

15.3 Australian Consumer Law

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.

16Limitation of Liability

16.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEEKLIFY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION
• LOSS OF GOODWILL

ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

16.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any liability that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

17Indemnification

You agree to indemnify, defend, and hold harmless Weeklify, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your Data or content you submit through the Service
• Your breach of applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

18Termination and Suspension

18.1 Termination by You

You may terminate your account at any time by:

• Contacting us at [email protected]
• Following the account cancellation process in your account settings

Termination will be effective at the end of your current billing period. No refunds will be provided for the remaining portion of your billing period unless required by law.

18.2 Termination or Suspension by Us

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms
• Your account shows suspicious or fraudulent activity
• You fail to pay fees when due
• We are required to do so by law
• Continuing to provide the Service creates legal or security risks

18.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You will remain liable for all fees incurred up to termination
• You may request a copy of Your Data within 30 days
• We will delete Your Data according to our retention policy
• Sections of these Terms that by their nature should survive will survive termination

19Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to:

• The collection, use, and disclosure of your information as described in our Privacy Policy
• The storage of your data on servers located in Australia
• Our use of cookies and tracking technologies as described in our Cookie Policy

20Confidentiality

Each party agrees to:

• Keep confidential any proprietary or confidential information received from the other party
• Use such information only for purposes of performing under these Terms
• Not disclose such information to third parties without consent

This obligation does not apply to information that is publicly available, lawfully obtained from third parties, or required to be disclosed by law.

21Dispute Resolution and Governing Law

21.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

21.2 Jurisdiction

You agree that any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

21.3 Dispute Resolution Process

Before initiating legal proceedings, the parties agree to:

1. Notify the other party in writing of the dispute
2. Attempt to resolve the dispute through good faith negotiations for at least 30 days
3. Consider mediation or other alternative dispute resolution methods

22General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Data Security Policy, constitute the entire agreement between you and Weeklify regarding the Service and supersede all prior agreements and understandings.

22.2 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this section is void.

22.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

22.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

22.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

22.6 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Weeklify.

22.7 Notices

We may provide notices to you via email to the address associated with your account or by posting on our website. You are responsible for keeping your email address current. Notices sent by email will be deemed received 24 hours after sending.

22.8 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to embargo and are not on any prohibited parties list.

23Contact Information

If you have any questions about these Terms of Service, please contact us at:

Acknowledgment: By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.