Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") form a legally binding agreement between you and Devalo ("we", "us", "our") governing your use of the Devalo platform at app.devalo.com.au, the marketing website at devalo.com.au, and any related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

These Terms are governed by the laws of Victoria, Australia and the Commonwealth of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by any legislation that cannot lawfully be excluded or limited.

2. Definitions

"Account" means a registered user account on the Platform.

"Module" means a discrete functional capability within the Platform (such as CRM, Scoreboard, Calendar, Marketing Automation, or Finance Brokerage) that an Organisation can subscribe to.

"Organisation" means the business entity registered on the Platform by an Owner, under which team members may be granted access.

"Organisation Data" means all data entered into the Platform by or on behalf of an Organisation, including but not limited to contacts, records, files, configurations, and any output generated by the Platform from that data.

"Owner" means the user who created the Organisation account and holds the highest level of administrative control.

"Subscription" means a paid arrangement granting an Organisation access to one or more Modules for a defined billing period.

"User" means any individual who has been granted access to the Platform, whether as an Owner, Admin, Manager, Staff, or Display user.

3. Eligibility

You must be at least 18 years of age to use the Platform. By creating an Account, you confirm that you are at least 18 years old and that all information you provide is accurate and complete.

If you are using the Platform on behalf of an organisation, you represent that you have the legal authority to bind that organisation to these Terms.

4. Accounts and security

Account creation. To use the Platform, you must create an Account or be invited to an Organisation by an existing user. You agree to provide accurate, current, and complete information during registration and to keep your Account information up to date.

Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. The Platform enforces two-factor authentication (2FA) for all users, and you agree to complete 2FA setup within the required timeframe.

Notification of breach. You must notify us immediately at security@devalo.com.au if you become aware of any unauthorised access to your Account or any other breach of security.

Account responsibility. We are not liable for any loss or damage arising from your failure to secure your Account credentials, provided we have complied with our security obligations under these Terms.

5. Subscriptions and payments

Module subscriptions. Access to certain Modules requires a paid Subscription. Subscription fees, billing frequency, and included features are displayed on our pricing page and within the Platform at the time of purchase. We will not charge you for any Module without your explicit consent.

Billing. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payments are processed by Stripe. By subscribing, you authorise us to charge your nominated payment method for recurring subscription fees.

Price changes. We may change Subscription pricing from time to time. We will give you at least 30 days' written notice before any price increase takes effect. Price changes will apply from the start of your next billing period after the notice period. If you do not agree with a price change, you may cancel your Subscription before the new pricing takes effect.

Cancellation. You may cancel any Module Subscription at any time through the Platform's billing settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Module until the end of the period you have already paid for. We do not charge cancellation fees on standard month-to-month subscriptions.

Refunds. If you are not satisfied with the Platform, you may request a refund within 14 days of your first payment for a new Module Subscription. After this period, subscription fees are generally non-refundable, except where required by the Australian Consumer Law. This does not limit your rights under the consumer guarantees in the Australian Consumer Law if the Platform fails to meet those guarantees.

Failed payments. If a payment fails, we will notify you and attempt to process the payment again. If payment remains unsuccessful after a reasonable number of attempts, we may suspend access to the affected Module until payment is resolved. We will not terminate your account or delete your data due to a failed payment without first providing you with reasonable notice and an opportunity to resolve the issue.

6. Free tiers and trials

Some Modules may offer free tiers or trial periods. Free tiers may have reduced functionality compared to paid plans. Trial periods will be clearly communicated at the time of activation, including the trial duration and what happens when the trial ends.

We will not automatically convert a free tier or trial into a paid Subscription without your explicit consent. If a trial is ending, we will notify you before the trial expiry date and give you the option to subscribe or allow the trial to lapse.

7. Acceptable use

You agree to use the Platform lawfully and in accordance with these Terms. You must not:

Use the Platform for any purpose that is unlawful or prohibited by these Terms. Attempt to gain unauthorised access to the Platform, other user accounts, or the systems and networks connected to the Platform. Interfere with or disrupt the integrity or performance of the Platform or the data contained within it. Upload or transmit viruses, malware, or any other harmful code. Use the Platform to send unsolicited bulk communications (spam) except through the Marketing Automation module in compliance with the Spam Act 2003 (Cth) and with valid recipient consent. Use the Platform in a way that infringes the intellectual property rights or privacy of any third party. Attempt to reverse-engineer, decompile, or disassemble any part of the Platform. Use automated means (bots, scrapers, crawlers) to access the Platform without our prior written consent. Resell, sublicense, or redistribute access to the Platform to third parties.

If we reasonably determine that you have breached this section, we may suspend or restrict your access. We will notify you of the breach and provide a reasonable opportunity to remedy it before taking further action, except where immediate action is necessary to protect the Platform, other users, or comply with legal requirements.

8. Your data

Ownership. You and your Organisation retain full ownership of all Organisation Data. We do not claim any ownership rights over data you or your Organisation enters into the Platform.

Licence to operate. By using the Platform, you grant us a limited licence to host, store, process, and display your Organisation Data solely for the purpose of providing the Platform services to you. This licence ends when you delete the data or terminate your account, subject to any legal retention requirements.

Data isolation. Organisation Data is isolated from other organisations on the Platform. No other organisation can access your data through the Platform's standard functionality.

Data portability. You may export your Organisation Data at any time using the Platform's data export features. We support data export in standard formats to facilitate portability.

Data retention on termination. If your Organisation's account is terminated (by you or by us), we will retain your Organisation Data for a grace period of 30 days to allow you to export it. After this period, data will be scheduled for permanent deletion. We will notify you before data deletion occurs.

Backups. While we take reasonable steps to back up data on the Platform, we recommend that you maintain your own backups of critical Organisation Data.

9. Intellectual property

Platform ownership. The Platform, including all software, code, design, text, graphics, interfaces, and documentation, is owned by Devalo and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in the Platform.

Licence to use. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the term of your Subscription.

Custom projects. If Devalo builds a custom Module or feature for your Organisation (under a "Build It For Me" or "Build & Subscribe" arrangement), Devalo retains all intellectual property rights in the resulting code, design, and implementation. Your Organisation receives full access to and use of the custom Module, but not ownership of the underlying intellectual property. The specific terms of any custom project will be documented in a separate agreement.

Feedback. If you provide us with suggestions, ideas, or feedback about the Platform, you agree that we may use this feedback without restriction or compensation to you. You are not obligated to provide feedback.

10. Third-party services

The Platform uses a limited number of third-party infrastructure services for payment processing (Stripe), transactional email delivery (Resend), and SMS delivery (Twilio). Your use of these services through the Platform is subject to their respective terms of service and privacy policies.

We select infrastructure providers carefully and require them to protect data in accordance with their contractual obligations to us. However, we are not responsible for the acts or omissions of third-party service providers to the extent that those acts or omissions are beyond our reasonable control.

11. Finance Brokerage module

The Finance Brokerage module is designed to support organisations operating under or in conjunction with an Australian Credit Licence (ACL). If your Organisation uses this module, you acknowledge and agree that:

Your Organisation is responsible for ensuring its own compliance with the National Consumer Credit Protection Act 2009, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, the Privacy Act 1988, and any other applicable financial services legislation. Devalo provides tools to support compliance workflows, but Devalo is not a credit provider, credit intermediary, or financial adviser. The Platform does not constitute financial advice or credit assistance. The Finance Brokerage module operates on a separate, isolated database for compliance purposes, as described in our Privacy Policy.

12. Marketing Automation module

If your Organisation uses the Marketing Automation module to send email or SMS communications, your Organisation is responsible for:

Complying with the Spam Act 2003 (Cth), including obtaining valid consent from recipients, including accurate sender identification, and honouring unsubscribe requests promptly. Complying with the Do Not Call Register Act 2006 (Cth) and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 where applicable. Ensuring that all marketing content is truthful, not misleading, and complies with the Australian Consumer Law and any industry-specific advertising codes.

Devalo provides consent management tools, unsubscribe handling, and compliance tracking features within the module. However, the obligation to use these tools correctly and to comply with applicable laws rests with your Organisation. If we become aware that your Organisation is using the Marketing Automation module in a way that breaches applicable laws, we may suspend access to the module and will notify you of the issue.

13. Service availability

We aim to keep the Platform available and operational at all times, but we do not guarantee uninterrupted or error-free service. The Platform may be temporarily unavailable due to planned maintenance (for which we will provide reasonable advance notice), unplanned outages, or circumstances beyond our reasonable control.

We will use reasonable efforts to restore service promptly in the event of an outage and to communicate with affected users about the status of the issue.

14. Limitation of liability

Australian Consumer Law guarantees. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your Subscription and receive a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time.

Limitation. To the maximum extent permitted by law and subject to the consumer guarantees above, our total aggregate liability to you for any claims arising out of or relating to these Terms or your use of the Platform is limited to the total amount you have paid to us in the 12 months preceding the claim.

Exclusions. To the maximum extent permitted by law and subject to the consumer guarantees above, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, whether arising from contract, tort (including negligence), or otherwise.

Your responsibility. You are responsible for your use of the Platform and for ensuring that your Organisation Data does not infringe the rights of any third party. You agree to indemnify us against any claims, losses, or expenses arising from your breach of these Terms or your unlawful use of the Platform, except to the extent caused by our negligence or breach of these Terms.

15. Suspension and termination

Termination by you. You may close your Account at any time by contacting us or through the Platform's account settings. If you are an Organisation Owner, closing the Organisation account will affect all users within that Organisation. Active Subscriptions should be cancelled before account closure.

Suspension by us. We may suspend your access to the Platform if we reasonably believe you have breached these Terms, if your use poses a security risk to the Platform or other users, or if required by law. We will notify you of the suspension, the reason for it, and what steps (if any) you can take to resolve the issue.

Termination by us. We may terminate your Account if you are in material breach of these Terms and have failed to remedy the breach within 14 days of receiving written notice from us, or if we are required to do so by law. We will not terminate your Account without notice except where legally required or where continued access poses an immediate and serious risk.

Effect of termination. On termination, your right to use the Platform ceases. Your Organisation Data will be retained for 30 days to allow export, after which it will be permanently deleted. Any outstanding subscription fees owed at the time of termination remain payable. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will continue to apply.

16. Dispute resolution

If a dispute arises between you and Devalo in connection with these Terms, both parties agree to first attempt to resolve the dispute through good-faith negotiation. You may contact us at hello@devalo.com.au to initiate this process.

If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Melbourne, Victoria. The costs of mediation will be shared equally unless otherwise agreed or determined by the mediator.

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction where necessary to protect their rights.

17. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

18. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or through a notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms.

If you do not agree with the revised Terms, you may cancel your Subscription and close your Account before the changes take effect. We will not apply material changes retroactively.

19. General provisions

Entire agreement. These Terms, together with our Privacy Policy and any separate agreements for custom projects, constitute the entire agreement between you and Devalo regarding your use of the Platform.

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.

Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

Notices. We will send notices to the email address associated with your Account. You are responsible for keeping your email address current. Notices are deemed received when sent to your registered email address.

Force majeure. Neither party is liable for any delay or failure to perform obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, government actions, network or infrastructure failures, or pandemic-related disruptions.

20. Contact us

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

Devalo
Email: hello@devalo.com.au
Website: devalo.com.au/contact