Terms of Service

DRAFT — not legal advice, not reviewed by a lawyer, requires sign-off before use.

This document was drafted by an AI compliance agent on 28 September 2026. It has not been reviewed by a licensed Australian legal practitioner and has not been approved by the product owner. It is not published, not binding, and must not be shown to real users in this state. Every square-bracketed placeholder must be filled and the whole document reviewed and signed off — ideally by an Australian lawyer, not only by the product owner — before it goes anywhere near production.

Specific warning for this document: the liability, termination, variation and indemnity clauses below sit directly in the path of the Australian Consumer Law's unfair contract terms regime, where an unfair term in a standard form consumer contract is now prohibited and penalised, not merely void. They have been drafted conservatively for that reason, but they are the clauses most likely to need a lawyer's redraft. See the internal notes at the end.

Effective date: [TO BE SET ON SIGN-OFF] Last updated: 28 September 2026 (draft)

1. These terms, in plain English first

Auspensify is a tool for keeping your own tax records organised and seeing an estimate of your tax position. It is not a tax agent, it does not give advice, and it does not do your tax for you. It is free to use in its current version. You own your records; we look after them while you use the service, and you can take them and leave whenever you want.

That summary is here to be helpful, not to replace what follows. If the summary and the detailed terms ever conflict, the detailed terms apply.

2. Who these terms are between

These terms form an agreement between you and [LEGAL ENTITY NAME] (ABN [ABN]) trading as Auspensify ("Auspensify", "we", "us", "our"), of [REGISTERED ADDRESS].

By creating an account or using Auspensify, you agree to these terms, our Privacy Policy and our Disclaimer. The Privacy Policy and Disclaimer form part of this agreement. If you do not agree to them, please do not use Auspensify.

Eligibility. You may use Auspensify only if you are at least [18] years old and can enter into a binding contract. Auspensify is designed for individuals keeping their own personal tax records in Australia. One account is for one person.

3. What Auspensify is — and what it is not

This is the most important clause in this agreement. Please read it.

Auspensify is a record-keeping and calculation tool. You enter your income, expenses, receipts and a small set of tax profile facts. Auspensify organises them into buckets, stores them, and applies published Australian Taxation Office (ATO) rates to them to produce an estimate of your tax position.

Auspensify is not a registered tax agent service. Specifically, Auspensify:

• is not a registered tax agent and not a registered BAS agent, and is not registered with the Tax Practitioners Board;
• does not provide tax agent services, BAS services, tax advice, financial advice, financial product advice, accounting advice, superannuation advice or legal advice;
• does not prepare, check, sign or lodge your tax return, your business activity statement or any other approved form;
• does not act for you or represent you in any dealing with the ATO;
• does not tell you what you can claim, what you must do, or how any tax law applies to your particular circumstances.

Under s 50-5 of the Tax Agent Services Act 2009 (Cth), providing a tax agent service for a fee or other reward without being registered is prohibited. Auspensify is a general-purpose, non-customised software tool that helps you meet your own record-keeping obligations. It does not apply tax law to your circumstances on your behalf, and it must not be used or represented as though it did.

Every tax figure in Auspensify is an estimate, not advice. As the app itself says, beside every tax figure, in words that cannot be dismissed:

This is an estimate for record-keeping, not tax advice. For tax advice, see a registered tax agent.

No reliance. You must not rely on Auspensify as a substitute for professional advice, and you must not treat any figure it shows as a statement of your legal tax position. Before you act on anything you see in Auspensify — lodging a return, making a payment, claiming a deduction, deciding how much to set aside — get advice from a registered tax agent about your own circumstances. You can check registration on the TPB Register at tpb.gov.au/public-register.

The Disclaimer explains in detail how estimates are produced, what they cover, what they leave out, and why they will very likely differ from your ATO assessment. Please read it — it is short, and it is the honest account of what this product can and cannot do.

4. Your account

• Accurate details. Give us a real name and a working email address, and keep them current.
• Email verification is mandatory. You cannot use the app until you have verified your email address. This protects your account; there is no way to skip it.
• Keep your credentials secure. You are responsible for what happens under your account. Use a strong, unique password, do not share it, and tell us promptly at [SUPPORT EMAIL] if you think someone else has access. Two-factor authentication is not available yet — it is planned and appears in Settings as a "coming soon" row — so your password and your email account are currently the only things standing between someone else and your records.
• One account per person. Auspensify has no shared, joint, household, spouse-linked or accountant-delegated accounts. If your profile is set to "family" and you enter your spouse's taxable income, that is a static number you type — it does not link to anyone else's account, and it gives nobody access to yours.
• Do not use Auspensify to keep records for someone else as a service to them. It is built for your own records. Using it to provide record-keeping or tax services to third parties is outside what it is for and outside these terms.

5. Your records are yours, and your responsibilities

You own your data. Everything you put into Auspensify — your transactions, buckets, figures and documents — remains yours. We do not claim ownership of it. You grant us only the limited licence we need to host, store, back up, display and process it in order to provide the service to you, and that licence ends when you delete the content or close your account, subject to the retention and backup practices described in the Privacy Policy.

You are responsible for:

• the accuracy and completeness of everything you enter. Auspensify does not verify your figures against your bank, your payslips or the ATO. If what you enter is wrong, the estimate is wrong;
• your own tax obligations — lodging your returns and statements, on time, and for what they say. Using Auspensify does not transfer any of that to us;
• keeping your own records. Australian tax law generally requires you to retain records explaining your transactions for five years (see Income Tax Assessment Act 1936 (Cth) s 262A and current ATO guidance). Auspensify's vault is a convenience; it is not a substitute for your own record-keeping, and it is not a guarantee against your own loss of records;
• getting your own professional advice before acting on anything in the app;
• having the right to upload whatever you upload, and not uploading anything unlawful.

6. Fees — free today, and we will not surprise you

Auspensify is free to use in its current version. There is no billing in this version of the product: no payment details are collected, nothing is charged, and every feature is available on every bucket.

Our intention is a freemium model in which your first bucket is free forever and additional buckets are paid. Pricing for additional buckets has not been finalised and is not in effect.

Our commitments about that:

• We will not charge you anything without telling you first and getting your agreement to the price.
• We will not start charging for something you already have for free without clear advance notice and a genuine choice — including the choice to stop using the service and take your data with you.
• We will never take a payment automatically from you under these terms, because these terms do not include any payment authority. Any paid plan would be a separate, clearly presented agreement you opt into.
• Your first bucket stays free, consistent with what we have said.

Nothing in this clause is a promise about future prices or features. It is a promise about how any change would be introduced.

7. Documents, storage choice, and the liability waiver

By default, receipts and documents you upload are stored in the Auspensify AU vault — storage we operate, treated as Australian-resident. On that default, we commit to retaining your documents for five years.

You may instead choose to store documents in your own Google Drive, your own Dropbox, or by local download to your own device. These are legitimate choices and we support them. But they change the deal, so before any of them takes effect we show you a waiver you must positively accept, and we record your chosen destination and the time you consented.

By accepting that waiver you acknowledge and agree that:

1. You are responsible for the security of those documents. Once a document is in your Drive, your Dropbox or on your device, its security is a matter between you and that provider, or you and your device. We do not hold it and cannot protect it.
2. We are not responsible for it — including for loss, deletion, corruption, unauthorised access, a breach or outage at that provider, or a device you lose or that fails. To the maximum extent the law allows, you release us from liability in respect of those documents, and you accept that risk as the consequence of your choice.
3. The five-year retention commitment does not apply. We do not guarantee those documents will continue to exist and we cannot recover them for you.
4. Some features change: export packs link out to your storage instead of bundling the files, thumbnails become generic icons, and for local download shareable links are disabled.
5. That provider's own terms and privacy policy govern what happens to your documents there.

You can change destination later in Settings. A change applies going forward only: it does not retrieve documents already sent elsewhere, and it does not extend the retention commitment over them.

This clause does not exclude anything that cannot lawfully be excluded. It does not affect your rights under the Australian Consumer Law (see clause 11), and it does not excuse us from our own failures — if we mishandle a document while it is in our vault, or send it somewhere you did not choose, the waiver does not cover that.

8. Third-party services

Auspensify connects to services operated by others:

• Google and Apple, if you choose single sign-on;
• Google Drive and Dropbox, if you choose one as a document destination. In the current version these connections are not yet functional and are shown as placeholders.

Your use of those services is governed by your own agreement with each provider. We do not control them, we are not responsible for their availability, security or acts, and we cannot fix their problems. If one of them changes or withdraws its service, features that depend on it may change or stop working.

9. Acceptable use

Please use Auspensify for its purpose, and not to:

• break any law, or infringe anyone's rights;
• access another person's account or data, or try to;
• probe, scan or test the security of the service without our prior written permission, or interfere with or overload it;
• upload malware, or anything designed to damage or gain unauthorised access to any system;
• copy, scrape, resell, sublicense or redistribute the service or its content, or use automated means to extract data at scale;
• reverse engineer, decompile or disassemble the service, except to the extent that restriction is unenforceable or a law expressly permits it (including for interoperability);
• misrepresent Auspensify — in particular, do not represent it, or anything it produces, as tax advice, as a tax agent service, or as an ATO product or an ATO-endorsed product;
• use it to provide tax, accounting or record-keeping services to other people.

Responsible disclosure. If you find a security vulnerability, please tell us at [SECURITY CONTACT EMAIL] rather than exploiting or publishing it. We will not pursue you for good-faith research reported to us privately and promptly.

10. Our intellectual property

Auspensify — the software, design, branding, wordmark, layout, copy and the structure of the service — belongs to us or our licensors. These terms give you a personal, non-exclusive, non-transferable, revocable right to use the service for your own record-keeping while your account is open, and nothing more. They do not transfer any intellectual property to you.

If you send us feedback or suggestions, you are welcome to, and we may use them to improve the product without obligation to you — but we will never claim your records or your data as a result.

11. Australian Consumer Law — your rights that we cannot take away

Nothing in this agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you have under the Competition and Consumer Act 2010 (Cth) — including the Australian Consumer Law in Schedule 2 to that Act — or under any other law, where doing so would be unlawful. Any term of this agreement that purported to do so is void to that extent, and where a right or remedy cannot lawfully be excluded, our liability is limited only as far as the law permits.

Where the Australian Consumer Law applies to our supply of Auspensify to you, it gives you guarantees that we cannot contract out of, including that services will be supplied with due care and skill (s 60) and will be reasonably fit for any purpose you have made known to us (s 61). A term that purports to exclude, restrict or modify those guarantees, or our liability for failing to meet them, is void under s 64.

We also record, because it matters for how clause 12 works: Auspensify is a service of a kind ordinarily acquired for personal, domestic or household use. The mechanism in s 64A of the Australian Consumer Law, which lets a supplier limit its liability for some services to re-supplying them, is not available for services of that kind. So clause 12 does not attempt to use it. Our limitation of liability operates only where and to the extent the law actually allows.

12. Limitation of liability

Read clause 11 first. This clause is subject to it in every respect.

What we are responsible for. We are responsible for supplying the service with due care and skill, for handling your personal information as set out in the Privacy Policy, and for everything else the law makes us responsible for. If we fail to do those things and you suffer loss as a result, you have rights, and this clause does not remove them.

What we are not responsible for. Subject to clause 11, and to the maximum extent the law permits, we are not liable to you for:

• your tax outcomes. An Auspensify estimate is arithmetic on figures you entered, produced from published rates. It has no legal status. We are not liable for any difference between an estimate and your actual ATO assessment, for any tax, penalty, interest charge, shortfall or general interest charge the ATO imposes on you, or for any decision you made in reliance on an estimate rather than on advice from a registered tax agent;
• the consequences of inaccurate or incomplete information you entered, or of records you did not enter;
• documents stored at a destination you chose other than our AU vault, as set out in clause 7;
• acts, omissions, outages or breaches of third-party services described in clause 8;
• loss you could have avoided by taking reasonable steps, including by keeping your own records as clause 5 describes;
• indirect or consequential loss, loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss or corruption of data, except to the extent such loss is recoverable as a matter of law notwithstanding this clause.

Cap. Subject to clause 11, and to the maximum extent the law permits, our total aggregate liability to you for all claims arising out of or in connection with this agreement or the service is limited to the greater of: (a) the total amount you have paid us for the service in the 12 months before the claim arose; and (b) [AUD $ AMOUNT — see internal note]. Because Auspensify is currently free, limb (a) would be nil, which is precisely why limb (b) exists: a cap of nil on a free service is the kind of term a court is most likely to find unfair.

Nothing in this clause limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, wilful misconduct, or any other liability that cannot lawfully be limited.

13. Availability, and the state of the product

We will try to keep Auspensify available and working, but we do not guarantee uninterrupted or error-free service. We may need to take it down for maintenance, updates or security work. Where we can give notice of planned downtime, we will.

Please understand what stage this product is at. Auspensify is early. Features will change, some things will not work as intended, and some functionality shown in the app is not yet active — including two-factor authentication, mobile number capture, real Google Drive and Dropbox connections, bank feeds, receipt text extraction, and accountant export packs. Anything labelled "coming soon" is exactly that, and is not a commitment to a date.

We may add, change or remove features. If we remove or materially reduce something you are relying on, we will give you reasonable notice and, where the change disadvantages you, you may close your account and export your data.

14. Changes to these terms

We may update these terms — for example as the product changes, or when paid plans are introduced. When we do:

• we will post the updated terms with a new "Last updated" date;
• for any change that is material or disadvantageous to you, we will give you at least [30] days' notice by email or in the app before it takes effect;
• you may close your account and export your data at any time during that notice period if you do not accept the change, and closing your account is a complete answer to a change you do not agree with;
• we will not apply a material change retrospectively.

We will not change these terms in a way that reduces your rights without notice. Minor changes — correcting a typo, clarifying wording, updating our contact details — may take effect immediately.

15. Suspension and termination

You may close your account at any time, from Settings or by contacting us. Please export anything you want to keep first. Closing your account ends this agreement; the Privacy Policy explains what happens to your information afterwards.

We may suspend or close your account if:

• you materially breach these terms, including clause 9;
• we are required to by law;
• your use poses a genuine security, legal or integrity risk to the service or to other users; or
• we discontinue the service.

Except where a serious breach, a legal requirement or an immediate security risk makes it impractical, we will tell you first, explain why, and give you a reasonable opportunity to fix the problem before we suspend or close anything. If we close your account other than for your breach, or if we discontinue the service, we will give you reasonable advance notice and a reasonable period — at least [30] days — to export your records.

We will not delete your records without giving you a genuine chance to get them out.

Clauses that by their nature should survive termination do: clauses 3, 5, 10, 11, 12, 16 and 17.

16. Complaints, disputes, and the law that applies

Talk to us first. Most problems are quicker to fix than to argue about. Email [SUPPORT EMAIL] with what happened and what you would like done. We will acknowledge you within [5] business days and try to resolve it promptly and in good faith.

If that does not work, you keep every option the law gives you. Nothing here requires you to give up any of them. Depending on the issue you may go to:

• the Office of the Australian Information Commissioner for a privacy complaint (oaic.gov.au);
• the Australian Competition and Consumer Commission or your state or territory fair trading / consumer affairs office for a consumer-law issue;
• the Tax Practitioners Board if you believe someone has provided a tax agent service unlawfully;
• a court or tribunal, including your local small claims or civil and administrative tribunal.

Governing law. This agreement is governed by the laws of [STATE OR TERRITORY], Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State or Territory and the courts of Australia. This does not require you to travel: nothing in this clause prevents you from bringing a claim in the courts or tribunal of the State or Territory where you live, or from using a low-cost consumer tribunal there, and we will not object on the ground of forum if you do.

We do not require you to waive class-action rights or to submit to binding arbitration, and nothing in this agreement should be read as doing either.

17. General

• Severance. If any part of these terms is unenforceable or void, it is severed and the rest continues to apply.
• No waiver. If we do not enforce a right immediately, we do not lose it.
• Assignment. You may not transfer your account or your rights under these terms. We may assign these terms as part of a sale or restructure of our business, provided your rights are not reduced and you are notified; if the change disadvantages you, you may close your account and export your data.
• Entire agreement. These terms, the Privacy Policy and the Disclaimer are the whole agreement between us about Auspensify, and replace any earlier understanding. This does not limit your rights in respect of any misleading statement we have actually made — a term cannot exclude liability under s 18 of the Australian Consumer Law.
• Notices. We will contact you at the email address on your account, so please keep it current. You can reach us at the details below.

18. Contact us

Support and general enquiries: [SUPPORT EMAIL] Privacy: [PRIVACY CONTACT EMAIL] Security reports: [SECURITY CONTACT EMAIL]

[LEGAL ENTITY NAME] (ABN [ABN]) trading as Auspensify [REGISTERED ADDRESS]

Related documents: Privacy Policy · Disclaimer