Licence Agreement
The End User Licence Agreement (EULA) covering software and digital products made available through mySMB.com.
1. About this EULA
This End User Licence Agreement (“EULA”) is a legal agreement between you (the “User”, “you”) and mySMB.com Pty Ltd ABN 42 679 542 208 (“mySMB.com”, “we”, “our”, “us”).
It covers all software, digital tools, AI agents, templates, courseware, or other digital products (“Software”) that we make available to you under a membership or other agreement. Software includes both our proprietary solutions as well as third party applications that we make available to you.
By installing, accessing or using the Software, you agree to the terms of this EULA. If you do not agree, do not install or use the Software.
2. Definitions
Terms used in this EULA that are defined in the mySMB.com Membership Terms and Conditions have the same meaning unless otherwise stated in this EULA.
3. Licence Grant
We license (not sell) the Software to the Member organisation (the “Member”) for its internal business use only.
Individual users are authorised to access the Software solely on behalf of the Member and do not acquire any other rights in their personal capacity.
Your licence is non-exclusive, non-transferable, non-sublicensable, and continues for the term of the Membership Agreement.
4. Restrictions
You must not, and must not allow anyone else to:
- copy, modify, or create derivative works of the Software;
- reverse engineer, decompile, or try to access its source code (except as permitted by law);
- remove or alter any copyright, trademark or other proprietary notices;
- use the Software for unlawful purposes, or in ways that could harm us or others;
- misrepresent that AI-generated or Software-generated content is human-authored without appropriate disclosure;
- use the Software to develop competing products or services.
5. Acceptable Use
You must not use the Software to: break the law, infringe IP, or violate privacy; upload malware or attempt to bypass security; generate or disseminate unlawful, harmful, or misleading content; or misrepresent AI-generated content as human-authored without appropriate disclosure (where relevant to your use).
You must clearly disclose when AI-generated content is used where it may reasonably be understood as human-authored.
6. Third Party Services
Some Software may rely on third party platforms (“Third Party Products”). Your use of Third Party Products is subject to their own terms. We are not responsible or liable for the performance, availability, or compliance of Third Party Products.
By installing, accessing or using Third Party Products, you agree to their terms. If you do not agree, do not install or use the Third Party Products.
7. Updates & Changes
We may update, improve, or change the Software from time to time (including automatic updates). If we offer beta or experimental features, they are provided without any guarantees or warranties and may be modified or withdrawn at any time.
8. Data & Privacy
Unless otherwise agreed, the Member remains the owner of all Member Data and Output Data generated through its authorised users and individual users do not acquire ownership rights in their personal capacity.
You and the Member grant us a perpetual, worldwide, royalty-free licence to use Member Data (including related system data such as usage logs from individual users) to operate, maintain, improve, and develop the Software and our other products and services. We do not claim ownership of the Output Data.
Unless otherwise agreed, you acknowledge that any data you input or generate while using the Software is owned by the Member and subject to this EULA.
User records created within the mySMB.com ecosystem (including but not limited to Training Data, log-in details, enrolments, completions, progress data, and credentials) may be retained by us after termination of the Membership Agreement, or after you cease employment with the Member, for compliance, audit, and potential reactivation purposes.
Where you access training as part of the Services, the Member is granted a right to view, use and rely on your Training Data for internal business, HR, compliance and audit purposes. The Member does not acquire ownership of Training Data. Training Data is your personal information and you retain ownership of such Training Data.
Our handling of personal information is explained in our Privacy Policy, which forms part of this EULA. By using the Software, you agree to that policy.
9. Security & Sensitive Data
You're responsible for secure access to the Software (e.g., managing users and credentials). You must not input special-category or highly sensitive data unless specifically authorised by us in writing, and you warrant that you have all necessary authorities, consents, and legal rights to process any personal information in compliance with applicable privacy laws. Any breach of this provision must be immediately reported to us, and you agree to indemnify us for any breach of this provision and against any claims, losses or penalties arising from such breach.
10. Intellectual Property
All intellectual property in the Software remains ours (or our licensors'). This EULA does not give you ownership of the Software, only the limited right to use it under these terms.
11. Feedback
If you give us ideas or suggestions about the Software, you grant us a royalty-free, worldwide, transferable licence to use them without restriction. You will not be owed any payment for our use of feedback.
12. Disclaimer & Risk Notice
The Software is provided “as is”, and we make no guarantees it will be error-free or fit for every purpose.
Our Services may include templates, resources, consulting information, or AI-generated outputs. These are provided for general information only. They may not be accurate, complete, or appropriate for your specific circumstances. They are not legal, financial, employment, or other professional advice. You must obtain independent professional advice before relying on any such content or outputs. To the maximum extent permitted by law, mySMB.com disclaims and accepts no responsibility or liability arising from your use of, or reliance on, these materials or outputs, and you agree to indemnify and hold us harmless from any claims arising from such use or reliance.
To the extent permitted by law, we exclude all warranties except those expressly set out in this EULA.
13. Liability
To the maximum extent permitted by law, our total aggregate liability under this EULA (however arising, including contract, tort, or statute) is limited to the total fees paid or payable by you in the 12 months immediately prior to the event giving rise to the claim.
We are not liable for indirect, incidental or consequential losses (including lost profits, lost data, reputational harm).
Nothing in this EULA excludes liability that cannot be excluded under Australian law (for example, consumer guarantees under the Australian Consumer Law).
14. Confidentiality
Both parties must keep each other's confidential information safe and only use it to perform obligations under this EULA. Confidential information does not include information that:
- is or becomes publicly available (without breach of this EULA);
- is already lawfully known to the receiving party;
- is independently developed without use of the other party's information; or
- must be disclosed by law, regulation, or court order (provided the receiving party gives notice where legally possible).
15. Termination
This EULA lasts for the duration of the Membership Agreement. It ends automatically if the Membership Agreement is terminated or if you breach this EULA.
We may suspend access while we investigate suspected breach or risk, and will reinstate access when the issue is resolved.
We may, at our sole discretion, immediately suspend or terminate your access without any liability if your continued use could cause, or we reasonably believe could cause, legal, regulatory, or reputational harm to us, or if you breach any terms of this EULA. We are not liable for any losses, damages, or claims arising from such suspension or termination.
On termination or suspension (whether temporary or permanent): you must stop using the Software and delete all copies (if terminated); your access to related services will also end or be paused, unless separately agreed in writing; and any outstanding amounts owed remain payable during suspension and after termination.
16. Governing Law
This EULA is governed by the laws of New South Wales, Australia, and any disputes are subject to the exclusive jurisdiction of its courts.
17. Export Controls
You must comply with applicable export, sanctions, and embargo laws and must not use or provide the Software where such use is prohibited.
18. Entire Agreement
This EULA operates alongside our Membership Agreement, Terms and Conditions and Website & Customer Privacy Policy. Together, these documents and any amendments or supplementary terms we may introduce form the full agreement between us regarding the Software.
If there is any inconsistency between these documents, the Membership Agreement takes priority, followed by the Terms and Conditions, then this EULA, with the Website & Customer Privacy Policy applying across all.
19. Contact Us
For questions about this EULA, please contact:
mySMB.com Pty Ltd
Email: info@mysmb.com
Address: Level 12, 50 Carrington Street, Sydney NSW 2000