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Terms of service

Thank you for visiting our Terms of Use (Agreement), we are Sole App Pty Ltd ACN 628 688 219 of 2 Campbell Street, Wakerley, QLD 4154 (Sole, we, our, us and other similar terms). We provide accounting software built for sole traders, freelancers and the self-employed, known as Sole App (Sole App).

This Agreement outlines the terms and conditions associated with your use of Sole App. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at soleapp.com.au (Website).

2.1 Accepting this Agreement

By creating a Sole App Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Sole App.

You must not use Sole App if you are not able to form legally binding contracts or are under the age of 18. If you create an Account on behalf of your employer or any other entity, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

2.2 About this Agreement

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 18. They aid to clarify the terms and conditions. Please feel free to email us at support@soleapp.com.au if you have any questions.

This Agreement will commence when you create an Account for Sole App and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 16.

If this Agreement is not terminated in accordance with clause 16, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

We grant you a non-transferrable, non-exclusive and revocable licence to access Sole App for the Subscription Period, subject to the terms and conditions of this Agreement.

We reserve the right to limit or suspend your licence to access Sole App if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.

You acknowledge and agree Sole App will only be accessible using the internet, by users with a valid Account and will not be available "locally" from your own servers or devices.

We may, from the commencement of this Agreement, make Sole App available to you on a demonstration or trial basis (Trial Service) for the period specified on any promotional material we make available to you (Trial Period).

Access to Sole App will automatically transfer to a monthly paid subscription at the expiration of the Trial Period. If you do not wish to continue using Sole App, you must cancel your account prior to the end of the Trial Period.

To the maximum extent permitted by law, we provide Trial Services “as is” and without warranty or indemnity. All other terms of this agreement otherwise apply.

Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of all stamp duties, goods and services taxes, value added taxes, export duties, financial institution duties, and any other charges or duties of a like kind (Taxes).

You are responsible for paying all Taxes and charges applied by the financial institute or payment gateway provider, which you choose to use.

Upon request, we will provide you with a tax invoice for the Subscription Fee and any applicable Taxes. Subscription Fees are payable at the commencement of each Subscription Period.

Support for Sole App is provided via the support portal accessible at https://soleapp.crunch.help/.

If it is necessary to interrupt your use of Sole App, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, Sole App will be unavailable.

You acknowledge access to Sole App may be interrupted or discontinued for many reasons, some of which are beyond our control. You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.

During routine maintenance there may be updates to Sole App which may change the interface and manner in which it functions (Updates). You acknowledge and agree Updates to Sole App do not give rise to a breach of this Agreement provided they do not materially decrease its functionality

8.1 Access

In order to make full use of the mobile application version of Sole App you must allow your device access to the following services

(a) data connectivity;
(b) email;
(c) address book;
(d) SMS;
(e) location services;
(f) storage; and
(g) phone.

8.2 Registering an Account

In order to use Sole App, you are required to provide us with Personal Information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects. You will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

8.3 Account security

Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Sole App secure and we need your contribution.

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Sole App, whether such activities are authorised by you or not.

8.4 Conduct which is expressly prohibited

You must not:

(a) use or include any part of Sole App in any service bureau or fee generating service offered to third parties;
(b) in any way tamper with, hinder or modify Sole App;
(c) knowingly transmit any viruses or other disabling features to or via Sole App;
(d) intentionally disable or circumvent any protection or disabling mechanism of Sole App;
(e) use Sole App in any way which could be reasonably expected to interfere with or damage our systems, any other operator's systems, or another user's enjoyment of Sole App;
(f) use Sole App in connection with a breach of any law in Australia or the jurisdiction in which you operate; or
(g) attempt, facilitate or assist another person to do any of the above acts.

8.5 Tax estimator, reports and other analytical tools

Sole App provides accounting services to its users which include a tax estimator, reports and other analytical tools to assist you to meet your compliance and regulatory obligations. We endeavour to provide accurate and timely estimations, however we make no guarantee or warrantee that the information generated from the tax estimator, reports or other analytical tools are accurate, complete or will bring you into compliance with any law, regulation or applicable code.

Neither we nor the information obtained from Sole App constitutes legal, tax or other financial advice. You are solely responsible for satisfying yourself of the accuracy of any data used to meet your regulatory and compliance obligations and we encourage you to contact a tax agent and seek professional advice.

The Sole App mobile applications are available from Google Play and the Apple App Store (App Marketplace Providers).

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Sole App, and we are solely responsible for:

(a) its support and maintenance;
(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of Sole App; and
(c) any claim Sole App fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Sole App and any other remedies under consumer protection law. Your right to use the mobile version of Sole App is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of Sole App and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion.  If we amend our Privacy Policy, we will post the new version on our Website.

A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information.

Notwithstanding any other provision of this clause 11, a party may disclose the terms of this Agreement to its related companies, solicitors, auditors, insurers and accountants.

Each party will take all reasonable steps to ensure that its employees, agents, and any sub-contractors engaged for the purposes of the Agreement do not make public or disclose the other party's Confidential Information.

A party will not be in breach of this clause 11 in circumstances where it is legally compelled to disclose the other party's Confidential Information.

We may disclose information, including, but not limited to, your Personal Information or a transmission made using Sole App, in order to comply with a court order, subpoena, summons, discovery order, warrant, statute, regulation, governmental request, to protect our legal rights, prevent harm to persons or where such disclosure is necessary to the proper operation of Sole App (Permitted Disclosures).

You acknowledge and agree, we have no obligation to inform you if Permitted Disclosures are made.

12.1 Our Intellectual Property rights

We warrant we own or have a licence to use the Intellectual Property in Sole App.

You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:

(a) create an adaptation or translation of, all or part of Sole App in any way;
(b) incorporate all or part of Sole App in any other webpage, site, application or other digital or non-digital format; or
(c) except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Sole App.

12.2 Modifications and feedback

You acknowledge and agree, we are intended to own all Intellectual Property rights in Sole App, including those which arise from your feedback, commentary or reviews and whether those modifications are provided for, by or on your behalf.

To the extent you may at any time acquire any right, title or interest in any part of Sole App, you immediately assign to us all such right, title and interest and agree to do (at our expense) anything reasonably required to give effect to that assignment.