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Terms and Conditions

Last updated: 13 May 2025

These Terms and Conditions ("Terms") govern your use of the Grit 2 Gains App, operated by Grit 2 Gains Pty Ltd ABN 83 682 158 729 ("we", "us", "our"). By creating an account you agree to these Terms.

1. Use of Service

Grit 2 Gains provides financial insights and reporting tools for Australian trade businesses. You must be 18 years or older to use this service. You agree that any information you provide is true and accurate, and you will keep your account details up to date.

2. App Licence

We grant you a non-exclusive, non-transferable licence to access and use the Grit 2 Gains App for your own internal business purposes during the period your account remains active.

You must not:

  • sell, resell, rent, lease, sublicense or redistribute access to the app;
  • reverse engineer, decompile, disassemble or attempt to derive the source code of the app;
  • modify, adapt or create derivative works based on the app;
  • use the app to build a competing product or service.

3. Prohibited Conduct

You must not use the Grit 2 Gains App in any way that is unlawful, harmful, or disruptive. In particular, you must not:

  • use the app for any unlawful, fraudulent or harmful purpose;
  • harass, defame, threaten or offend any person through the platform;
  • tamper with, damage or attempt to gain unauthorised access to the platform or its infrastructure;
  • transmit viruses, malware or any other malicious code;
  • use the platform to send unsolicited commercial messages;
  • facilitate or assist any third party in doing any of the above.

4. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised use of your account.

5. Data and Privacy

Your use of the service is also governed by our Privacy Policy. By using the Grit 2 Gains App you consent to our data practices as described therein, including the storage and processing of your data on servers that may be located outside Australia.

6. Xero Integration

When you connect your Xero account, you authorise Grit 2 Gains to access your accounting data in read-only mode. We do not modify your Xero data. You may disconnect your Xero account at any time from your account settings.

7. Anonymised Benchmarking Data

To provide industry benchmarking features, Grit 2 Gains may use your financial data in an anonymised and aggregated form. This means your individual business data is never shared or identifiable — only combined statistical summaries (such as industry averages) are used. By using the service you consent to this use of your data for benchmarking purposes.

8. Intellectual Property

All intellectual property rights in the Grit 2 Gains App — including software, design, content and trademarks — remain the property of Grit 2 Gains Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you.

By using the service, you grant Grit 2 Gains a non-exclusive licence to store, process and use your data to the extent necessary to provide the service, including sub-licensing those rights to our hosting and infrastructure providers (such as Railway).

9. Service Availability

We will use reasonable endeavours to keep the Grit 2 Gains App available and operational. However, we do not guarantee 100% uptime. The service may be temporarily unavailable due to maintenance, infrastructure issues, or events beyond our reasonable control (including failures by third-party providers such as Railway, Xero, or Stripe). We will not be liable for losses arising from such unavailability.

10. Limitation of Liability

The Grit 2 Gains App is provided for informational purposes only. It does not constitute financial, tax, or accounting advice. We are not liable for any decisions made based on information presented in the application.

You acknowledge that the app may contain defects, errors or bugs, and that it may not be entirely free from security vulnerabilities. We give no warranty that the app will be wholly free from defects or entirely secure.

To the maximum extent permitted by law, our total liability to you for any event or series of related events shall not exceed the greater of $100 AUD or the total amount you paid us in the 12 months preceding the event.

To the extent permitted by law, we will not be liable for any loss of profits, loss of revenue, loss of data, loss of business or opportunities, or any indirect or consequential loss.

Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any rights you have under the Australian Consumer Law that cannot be excluded.

11. Indemnity

You agree to indemnify and hold harmless Grit 2 Gains Pty Ltd against any liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising directly from your breach of these Terms.

We agree to indemnify you against any liabilities, losses, damages, costs and expenses arising directly from our breach of these Terms.

12. Suspension and Non-Payment

We may suspend your access to the service if any amount owed by you remains unpaid after the due date, provided we have given you at least 14 days' written notice of our intention to suspend. Suspension does not waive any rights we have to recover outstanding amounts.

13. Refunds and Cancellations

Subscriptions are billed in advance and, unless required by the Australian Consumer Law or otherwise stated in these Terms, are not refundable for change of mind. If you cancel your subscription, your access will continue until the end of the current billing period, and no pro-rata refund will be provided for any unused portion of that period.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law. If our service fails to meet a consumer guarantee, we will provide the remedy required by law, which may include a refund, repair, replacement, or resupply as applicable.

14. Disputes and Chargebacks

If you dispute a charge or initiate a chargeback, we may suspend the affected account while the matter is investigated. Where a chargeback or payment dispute is raised without reasonable grounds, or where a bank or card scheme requires us to pay fees, penalties, or related costs, you agree that we may recover our reasonable, documented costs to the extent permitted by law.

We do not seek to limit any rights you may have under card scheme rules, bank policies, or the Australian Consumer Law.

15. Dispute Resolution

If a dispute arises in connection with these Terms, the party raising the dispute must give written notice to the other setting out the details. Within 7 days of that notice, both parties must attempt to resolve the dispute in good faith. If the dispute is not resolved within 21 days of the notice, either party may refer the matter to litigation under the jurisdiction set out in clause 18 (Governing Law).

16. Termination

Either party may terminate these Terms by giving at least 14 days' written notice. We may terminate your access immediately and without notice if you materially or persistently breach these Terms, or if payment remains overdue after the notice period in clause 12.

On termination, your access to the service ceases. We may delete your data 30 days after termination unless you request an earlier deletion or we are required by law to retain it. Clauses 8 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnity), 18 (Governing Law) and any accrued rights survive termination.

17. Changes to Terms

We may update these Terms from time to time. For material changes, we will give you at least 14 days' notice by email before the changes take effect. Continued use of the service after changes constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia, regardless of where the service infrastructure is located or where you are located within Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

19. Contact

If you have questions about these Terms, please contact us at tech@grit2gains.com.au.

Grit 2 Gains Pty Ltd — ABN 83 682 158 729