Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Accountable Pricing Calculator website, application and related services (together, the “Services”) provided by Accountable Pricing Calculator (“Accountable”, “we”, “us” or “our”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility and accounts

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must notify us immediately of any unauthorised access or use of your account.

2. Subscriptions, trials and billing

• Free trial. We may offer a free trial period. At the end of the trial, your subscription will continue on the plan you selected and billing will begin unless you cancel before the trial ends.
• Fees. Subscription fees are listed on our pricing page and are payable in advance. All fees are quoted in Australian dollars (AUD) unless stated otherwise, and are exclusive of GST unless expressly stated as inclusive.
• Payment. Payments are processed through our third-party payment provider (Stripe). You authorise us to charge your nominated payment method for each billing cycle.
• Renewals. Subscriptions renew automatically at the end of each billing period until cancelled.
• Price changes. We may change our fees from time to time. We will give you reasonable notice of any change, which will take effect at the start of your next billing cycle.
• Refunds. Except where required by law (including the Australian Consumer Law), fees paid are non-refundable.
• Failed payments. If a payment fails, we may suspend or terminate your access until payment is received.

3. Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access until then. We do not provide pro-rata refunds for unused portions of a billing period.

4. Acceptable use

You must not, and must not permit any other person to:

• Use the Services in any way that breaches any applicable law or regulation;
• Copy, modify, reverse-engineer, decompile, disassemble or create derivative works from the Services, except to the extent permitted by law;
• Resell, sublicense, rent or lease the Services to a third party without our written consent;
• Use the Services to build a competing product or benchmark its features against your own product;
• Access the Services using automated means (such as bots, scrapers or spiders) except through our approved APIs;
• Attempt to interfere with, disrupt or gain unauthorised access to the Services or any related systems;
• Upload or transmit any material that is unlawful, harmful, offensive, infringing, or contains viruses or malicious code;
• Share your account credentials with anyone outside your firm, or allow multiple users to share a single seat.

5. Your data

You retain all rights, title and interest in the data, content and pricing information you input into the Services (“Your Data”). You grant us a non-exclusive, worldwide, royalty-free licence to use, host, copy, process and display Your Data solely for the purpose of providing, maintaining and improving the Services.

You are responsible for the accuracy, legality and quality of Your Data and for obtaining any consents required to use it with the Services. You must not upload any personal information of your clients unless you are authorised to do so.

6. Intellectual property

The Services, including all software, designs, logos, content, methodologies and know-how, are owned by Accountable or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during your subscription period. No other rights are granted.

We welcome feedback and suggestions. If you provide us with feedback, you grant us a perpetual, irrevocable, royalty-free right to use it to improve the Services without any obligation to you.

7. Third-party services

The Services may integrate with or link to third-party products or services. We are not responsible for those products or services, and your use of them is subject to their own terms and privacy policies.

8. Availability and changes to the Services

We use commercially reasonable efforts to make the Services available, but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features from time to time. Where a change is material and adverse, we will provide reasonable notice.

9. Professional advice disclaimer

The Services are a tool to help you calculate and price your professional services. They do not constitute legal, financial, taxation, accounting or other professional advice. You remain solely responsible for the pricing, proposals, quotes and engagements you deliver to your clients, and for compliance with any applicable professional, regulatory or contractual obligations.

10. Warranties and consumer guarantees

To the maximum extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded. Where our liability for breach of such a guarantee can be limited, our liability is limited (at our option) to resupplying the Services or paying the cost of having them resupplied.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Accountable, its directors, employees or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity or data, arising out of or in connection with your use of the Services.

Our total aggregate liability to you arising out of or in connection with these Terms or the Services will not exceed the fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the liability.

12. Indemnity

You agree to indemnify and hold Accountable harmless from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Services, or (c) your violation of any law or the rights of any third party.

13. Suspension and termination

We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we reasonably believe may cause harm to us, our users or third parties. On termination, your right to use the Services ceases and we may delete Your Data after a reasonable retention period, subject to any legal requirements.

14. Confidentiality

Each party will keep the other party’s confidential information confidential and use it only for the purpose of performing its obligations under these Terms. Confidential information does not include information that is publicly available or independently developed without reference to the disclosing party’s information.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page and, where the changes are material, notify you by email or through the Services. Your continued use of the Services after any change constitutes acceptance of the updated Terms.

16. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. You and Accountable submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

17. General

• Entire agreement. These Terms, together with our Privacy Policy and any order form or plan you subscribe to, form the entire agreement between you and us regarding the Services.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a related body corporate or in connection with a merger, acquisition or sale of assets.
• Notices. We may give you notices by email to the address associated with your account or by posting on the Services.

18. Contact us

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

• Email: [email protected]
• Post: Accountable Pricing Calculator, 2 Commercial Rd, Prahran VIC 3181, Australia