Terms, Policies
& Legal Framework

All AUSPOS subscription fees are invoiced and payable in advance on a monthly or annual cycle, as selected at the time of subscription. Pricing is exclusive of applicable taxes unless expressly stated otherwise.

• Monthly subscriptions are billed on the same date each month. Annual subscriptions are billed upfront and are non-refundable after the 7-day cooling-off period.
• Late or failed payments may result in service suspension after a 7-day grace period. AUSPOS is not liable for business disruption arising from subscription lapse due to non-payment.
• No chargebacks, payment reversals, or disputed transactions will be processed without completion of the formal written dispute process.
• Infrastructure-based pricing — including storage surcharges, API call volumes, and transaction fees — may be adjusted based on actual usage growth. Customers will be notified 30 days prior to pricing changes.
• All pricing excludes GST, VAT, and applicable regional taxes, which are the sole responsibility of the Customer.
• AUSPOS may offer promotional pricing. Promotional rates do not constitute a permanent price amendment and revert at the conclusion of the promotional period.

AUSPOS maintains enterprise-grade infrastructure commitments to ensure platform reliability and business continuity. The following service level targets apply to all active subscriptions on a monthly measurement basis.

AUSPOS is committed to responsible data stewardship. We process all personal and business data in accordance with the Australian Privacy Principles (APP) under the Privacy Act 1988 (Cth), the EU General Data Protection Regulation (GDPR) where applicable, and relevant APAC regional privacy frameworks.

This Data Processing Addendum supplements the Master Service Agreement and governs AUSPOS's obligations as a Data Processor under applicable global privacy legislation, including GDPR (EU) 2016/679, the Australian Privacy Act 1988, and relevant APAC frameworks.

• AUSPOS processes Customer data solely for the purpose of delivering contracted SaaS services. No processing occurs beyond the documented service scope without written Customer instruction.
• Data is hosted via AWS regional infrastructure. The applicable region is configured at onboarding. Cross-border transfers are subject to Standard Contractual Clauses (SCCs) and AUSPOS's transfer impact assessment.
• The Customer has the right to request data export at any time during the active subscription. Post-termination, a 14–30 day export window applies before permanent deletion is executed.
• AUSPOS maintains a sub-processor register. Customers may request the current sub-processor list by contacting the AUSPOS legal team in writing.
• GDPR data subject requests (access, rectification, erasure, portability) must be submitted in writing. AUSPOS will respond within 30 days from verified receipt.
• In the event of a confirmed data breach affecting Customer data, AUSPOS will notify the Customer within 72 hours of internal discovery, consistent with GDPR obligations.
• The Customer is solely responsible for obtaining all required consents from their own end-customers and data subjects before processing such data through the AUSPOS platform.

The AUSPOS platform may only be used for lawful commercial purposes in accordance with these terms. Any use that violates this Acceptable Use Policy may result in immediate account suspension without notice and without liability to AUSPOS.

• No unlawful, fraudulent, abusive, harmful, discriminatory, or intellectually infringing activities of any kind are permitted.
• The platform must not be used to list, sell, or facilitate the sale of prohibited goods or services including but not limited to restricted substances, weapons, sanctioned materials, or items violating Australian or international trade law.
• No attempt to overload, attack, scrape, penetrate, or automate unauthorized access to AUSPOS infrastructure, APIs, or databases.
• No reverse engineering, decompilation, code extraction, or cloning of the AUSPOS platform or any module, algorithm, or interface component.
• Export control laws apply. The platform must not be used to conduct business in sanctioned jurisdictions or with sanctioned entities.
• API usage is subject to fair use rate limits. Excessive or automated API abuse may result in rate limiting or suspension.
• Abusive, threatening, harassing, or defamatory conduct directed at AUSPOS staff, partners, or other users may result in immediate termination of service.

All intellectual property comprising the AUSPOS platform — including but not limited to source code, architecture, UI/UX design, algorithms, module structures, APIs, branding, trademarks, documentation, and marketing materials — remains the exclusive property of AUSPOS Software Pty Ltd.

• The Customer's subscription grants a limited right of use only. No ownership, equity interest, or intellectual property rights in the platform are transferred under any circumstances.
• Customers retain full ownership of all business data, product listings, customer records, and content uploaded to the platform.
• Unauthorized copying, redistribution, cloning, screen-scraping, or reproduction of any portion of the AUSPOS platform or its documentation is strictly prohibited.
• AUSPOS respects third-party intellectual property. Copyright infringement claims must be submitted in writing to the AUSPOS legal team with detailed proof of ownership and description of the alleged violation.
• AUSPOS reserves the right to remove content alleged to infringe third-party IP rights without liability, pending investigation.
• AI-generated insights and analytics outputs produced by the platform are provided for advisory purposes only. The Customer is responsible for all business decisions made on the basis of such outputs.

AUSPOS implements enterprise-grade security controls aligned with ISO 27001 best practices. Our security posture is designed to protect platform infrastructure, Customer data, and operational continuity across all environments.

AUSPOS integrates with independently operated third-party infrastructure and service providers to deliver its full platform functionality. Each provider operates under its own terms, policies, and service commitments entirely independent of AUSPOS.

Payment gateway PCI compliance, merchant obligations, and payment dispute resolution are the responsibility of the merchant and the respective gateway provider. AUSPOS does not store cardholder data unless explicitly agreed in a separate written addendum.

AUSPOS indemnifies the Customer solely against direct, proven intellectual property infringement of AUSPOS's own proprietary software. This indemnity does not extend to third-party integrations, Customer modifications, or open-source components.

AUSPOS Resellers and Channel Partners are appointed as independent contractors. No partnership, joint venture, agency, or employment relationship is created by this agreement. Resellers have no authority to legally or financially bind AUSPOS in any capacity.

• Resellers must comply with all official AUSPOS branding guidelines. No modification of AUSPOS logos, trademarks, or intellectual property is permitted.
• Resellers must not make performance guarantees, financial projections, or claims beyond those contained in official AUSPOS documentation.
• No reverse engineering, platform cloning, or unauthorized white-label resale is permitted without a separate executed White-Label Agreement.
• Resellers are liable for all misrepresentation, misconduct, or unlawful activity arising from their own business operations. Resellers indemnify AUSPOS against all claims arising from reseller actions.

Enterprise engagements with AUSPOS follow a structured delivery methodology designed to ensure systematic configuration, integration, and deployment with minimal business disruption. All enterprise commitments are governed by the executed Master Service Agreement (MSA).

• Implementation timelines are contingent on the Customer's cooperation, data readiness, and timely provision of required access and materials. AUSPOS is not liable for delays caused by Customer-side factors.
• All scope expansions beyond the agreed Implementation Blueprint require a formal Change Request. Custom development features may incur additional development fees.
• AUSPOS is not liable for constraints, limitations, or data quality issues originating within third-party ERP systems.
• Enterprise training sessions are included as specified in the contract. Additional training, documentation, or support sessions are billed at standard professional services rates.
• Financial accounting modules are not included within the AUSPOS platform scope unless explicitly integrated via a supported ERP connector.
• Quarterly governance reviews are available to enterprise clients covering system performance, scalability planning, and roadmap alignment.

AUSPOS delivers application-level infrastructure and tooling. The Customer is solely responsible for the accuracy, legality, completeness, and ongoing maintenance of all business data, content, and operational information within the platform. AUSPOS does not validate the commercial correctness of Customer-provided data.

• The Customer is responsible for all ongoing data maintenance, inventory reconciliation, user access management, and internal permissions within the platform.
• AUSPOS does not provide legal, accounting, tax advisory, or regulatory compliance services. The Customer must independently ensure compliance with all applicable consumer, privacy, taxation, and industry-specific laws.
• The Customer is responsible for all product descriptions, marketing claims, and representations made through the platform to end customers.
• Delays in implementation caused by incomplete, inaccurate, or late delivery of required Customer inputs remain the Customer's responsibility and do not affect contracted fees.

• Data Retention: Customer data is retained during the active subscription period. Upon termination, a 14–30 day export window is provided (subject to account standing). Permanent deletion is executed after the retention period expires. AUSPOS is not liable for data loss after this window.
• Business Continuity: Infrastructure is hosted via enterprise cloud providers with automated daily backups. Defined RTO/RPO targets are maintained on a commercially reasonable basis. No liability is accepted for catastrophic force majeure events.
• Audit Rights: Customers may request compliance summary reports. No direct infrastructure access is permitted. Audit requests are subject to scheduling and confidentiality obligations.
• Customer Warranties: The Customer warrants that it owns or is properly licensed to use all data uploaded to the platform, that it operates in full compliance with applicable laws, and that no sanctioned or unlawful activities will be conducted via the platform.
• Export & Sanctions Compliance: The platform must not be used in sanctioned jurisdictions or for restricted trade. International trade compliance is the Customer's sole responsibility.
• Assignment: AUSPOS may assign this agreement in connection with a merger, acquisition, or corporate restructuring. The Customer may not assign without prior written consent from AUSPOS.
• Electronic Acceptance: Accessing, subscribing to, or using the AUSPOS platform constitutes legally binding digital acceptance of all terms, policies, and governance obligations contained herein.
• Severability: If any clause of this agreement is found to be invalid or unenforceable, the remaining clauses continue in full force and effect.
• Entire Agreement: These terms, together with the executed MSA and any applicable addenda, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or arrangements.

• AUSPOS may suspend access immediately and without prior notice for: non-payment beyond the grace period, breach of Acceptable Use Policy, regulatory breach, security risk, or abuse of platform infrastructure or staff.
• AUSPOS may terminate this agreement with written notice for material breach that remains uncured after 14 days, or immediately for serious or repeated violations.
• The Customer may terminate their subscription per the terms of their executed contract. No refunds are provided for early termination of annual subscriptions unless otherwise agreed in writing.
• Upon termination, the Customer's right to access the platform ceases immediately. Data export is available within the 14–30 day retention window, subject to the account being in good standing.
• AUSPOS accepts no liability for business disruption, financial loss, or consequential damages arising from service suspension or termination, regardless of the reason.

• This agreement is governed exclusively by the laws of Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Australia for resolution of all disputes arising under or in connection with this agreement.
• International Customers agree to Australian jurisdiction unless a separate written jurisdiction amendment has been executed and signed by both parties.
• The English language version of these terms prevails in all disputes, interpretations, and legal proceedings, regardless of any translations provided.
• All formal legal notices must be submitted in writing to the registered business address of AUSPOS Software Pty Ltd, or electronically to the designated legal contact. Electronic communication is deemed legally valid and binding.
• AUSPOS reserves the right to update, amend, or replace any portion of these terms at any time. Customers will be notified of material changes via email or in-platform notification. Continued use of the platform following notification constitutes binding acceptance of the revised terms.