Terms and Conditions

By accessing or using our Offering, you agree to these Terms & Conditions.
“We”, “us”, “our” and “mySMB.com” mean mySMB.com Pty Ltd ABN 42 679 542 208.

“You” means any Subscriber, Product Purchaser, Professional Services Client, Account Holder, or anyone accessing our Offering.

1. Definitions

In these Terms & Conditions:

• Access Environment means a mobile application, Portal, white-label environment or related functionality.

• Account Holder means someone authorised by a Subscriber, Product Purchaser, Professional Services Client, partner, or other approved entity to access or use the Offering.

• AI Outputs means the outputs generated by AI Tools.

• AI Tools means any artificial intelligence made available through our Offering, including tools, automations, assistants, or agent-based functionality.

• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time.

• Community means our online digital community environments.

• Community Guidelines means our guidelines governing use of our Community environments, which we may update from time to time, and which can be found at Community Guidelines | myConnect.

• Content means all materials we create and make available through the Offering, including templates, solution packs, training materials, and resources. Content does not include user-generated content within the Community.

• Customer Data means any data made available by you through your use of the Offering.

• Managed Services means ongoing operational, administrative, technical, platform, workflow, support, monitoring or other managed services provided by us under a separate agreement, schedule, statement of work or order.

• Marketplace means the area where you can access or buy our Offering.

• Offering means any offering made available by us, including the Platform, Products, Services, Content, AI Tools, Marketplace, Access Environments and integrations, as may be updated or modified by us from time to time.

• Platform means the digital environment through which the Offering is accessed.

• Portal means any client portal, employee portal, partner portal, member portal, white-label environment or other portal-based functionality made available by us.

• Product means any digital or standalone product we make available from time to time, in all cases whether provided by us or third parties.

• Product Purchaser means a person that purchases a Product or is granted a licence for the Product.

• Professional Services means advisory, consulting, implementation or custom development services provided under a separate agreement.

• Professional Services Client means the business or individual that engages us to provide Professional Services under a separate agreement.

• Services means services we make available from time to time, including Subscription services, support services (where provided as a service), Managed Services and Professional Services, whether provided by us or third parties.

• Subscriber means the business or individual that enters into a Subscription with us.

• Subscription means the right granted by us to a Subscriber to access and use the Offering, or the components of the Offering included in their selected plan, for an agreed term, whether on a paid, trial, promotional, evaluation or other approved basis, subject to the applicable order, plan, fees, inclusions, usage limits, authorised user limits and these Terms & Conditions.

2. Our Offering

2.1 Structure of the Offering

Your access to the Offering may vary depending on your Subscription, configuration, and any additional purchases. Not all components of the Offering are included in all Subscriptions. Offering components may be included as part of your Subscription or purchased individually.

2.2 Support

The Offering may include general support and guidance designed to help you access the Offering. This may include AI-assisted support, help content, community-based support, and limited human support where we deem appropriate.

Unless expressly stated, support does not include tailored advice, implementation, deliverables, or ongoing management, which are provided only where separately agreed as Professional Services, Managed Services or another paid service.

2.3 Operational Features

The Offering may include reminders, alerts, workflow notifications, task-management tools, AI-assisted suggestions and other operational support. These features are provided as aids only and should not be relied on as your only system for critical deadlines, decisions or business records.

2.4 Additional Terms

Certain parts of the Offering may be subject to additional terms, including:

• Subscriptions: the terms and inclusions of your Subscription as selected when placing an order and the additional terms set out in clause 2.5 below;

• Products: any additional applicable Product licence terms made available to you at the time of order;

• Marketplace offerings: any additional applicable terms which may include third-party terms;

• Professional Services: any applicable separate Professional Services agreement, schedule or statement of work that we enter into with you;

• Managed Services: any applicable Managed Services agreement, schedule, statement of work, service description or order that we enter into with you;

• Platform-specific terms: any additional applicable terms made available to you at the time of access to the Platform;

• Community: Community Guidelines and any additional rules, participation requirements or notices made available within, or in connection with, any particular Community;

• Learning: training, webinars, workshops and other educational offerings, whether delivered by us or third parties, may be subject to additional terms.

• Access Environments: may be subject to app store terms, platform-specific terms, white-label terms, customer-specific terms or other terms made available at the time of access.

We may introduce additional Offerings from time to time, which may be subject to additional or updated terms.

2.5 Subscription Terms

Additional terms that apply to Subscriptions are:

• Subscriptions renew automatically unless you cancel before the end of the term;

• only authorised Account Holders may access the Subscription;

• Subscription fees are payable in advance on a monthly or annual basis, or as otherwise specified at the time of purchase or in your Subscription details;

• we may change Subscription fees on renewal by giving you at least 30 days’ prior written notice. The notice will state the new fee, the date it takes effect, the renewal term and how to cancel or change your Subscription;

• fees may be increased during the term where you request a change to your Subscription, usage, business profile, or access requirements;

• you can cancel your Subscription at any time, subject to your Subscription terms, with cancellation taking effect at the end of your current term. Your access will continue until that time;

• we may offer free trials, evaluation access, beta access or promotional access to some parts of the Offering from time to time;

• trial or promotional access may be subject to additional conditions, limitations, usage restrictions or feature limitations;

• unless otherwise stated, trial access may be suspended or terminated by us at any time;

• at the end of a trial period, your access may be suspended, restricted or converted to a paid Subscription;

2.6 Referral fees

We may pay or receive referral fees or commissions to third parties. Where we pay or receive referral fees or commissions, this will be disclosed to you at the point of sale or introduction.‍ ‍

3. Fees

Unless otherwise stated or as may be required by Australian Consumer Law or other applicable law, fees for all Offerings:

• are payable in Australian dollars;

• are exclusive of GST;

• are payable as specified at the time of purchase;

• are payable in full without any set-off or deduction;

• do not include usage or consumption-based charges, which may apply and are payable in addition;

• are non-refundable.

We may invoice you directly, charge your nominated payment method or auto-debit fees on or before the due date.

If payment is not received when due, we may:

• suspend or restrict access to our Offering;

• charge interest on overdue amounts, at the rate of 2% per month or the maximum permitted by applicable law (whichever is greater);

• recover our reasonable costs of collection, including legal fees.

4. Community Participation

Our Community environments are designed for sharing, discussion and peer support.

By participating, you agree:

• to follow our Community Guidelines;

• to behave respectfully;

• not to share confidential, personal or sensitive information;

• that Community content includes user-generated content and content provided by us and is not monitored or guaranteed by us for accuracy, completeness or reliability;

• that content shared by you in Community environments is not confidential and may be viewed, used, reproduced, referenced, or responded to by other users and by us;

• that by posting content in Community environments, you allow us to host, display, reproduce and use that content as reasonably required to operate, improve and promote the Community and Offering;

• that Content provided by us remains our intellectual property and may not be copied, reproduced, redistributed or commercially used except as permitted under these Terms & Conditions;

• that we may moderate or remove Community content, or restrict participation, where reasonably necessary to enforce the Community Guidelines, protect users, comply with law or protect the integrity of the Offering.

5. Third-Party Products, Services and Integrations

We may resell, integrate with, or facilitate access to third-party technologies, products, services, integrations or connected platforms, including:

• software licences;

• AI platforms or tools;

• automation tools; and

• cloud services.

You acknowledge that:

• third-party products, services and connected platforms are governed by their own terms. Where the Offering integrates with or connects to those products, services or platforms, you are responsible for complying with any applicable third-party terms;

• we do not control their performance, availability, pricing, or data handling;

• third-party products, services, integrations and connected platforms may change, become unavailable or cease to be supported by us at any time;

• you are responsible for any usage-based or consumption-based charges;

• if a third-party provider changes its pricing, your fees may change accordingly;

• you are responsible for assessing the suitability, security, compliance and fitness for purpose of any third-party provider, product, service, integration or connected platform.

Where we resell or facilitate access to third-party licences, the third-party provider remains responsible for the underlying product or service, subject to its own terms. Our role is limited to the resale, facilitation, configuration, support or advisory services, in each case as expressly agreed with you.

6. Your Responsibilities

You are responsible for your use of the Offering. You agree to:

• provide us with accurate information;

• keep your login details secure;

• assign and manage access by authorised Account Holders and ensure only authorised Account Holders access our Offering;

• prevent sharing or misuse of access to our Offering;

• not use the Offering in a manner that is unlawful, harmful, abusive, misleading, infringing, discriminatory, malicious, or intended to interfere with the operation, security or integrity of the Offering or any third-party systems or rights;

• ensure you have the right to provide any data used when using our Offering;

• not misuse, copy, resell, interfere with, or commercially exploit the Offering, including by sharing or providing the Offering to third parties;

• comply with all applicable laws and these Terms & Conditions;

• notify us immediately upon becoming aware of any unauthorised access or security breach;

• comply with the reasonable limits, controls, safeguards or access restrictions we apply from time to time, to maintain performance, security or availability of the Offering;

• ensure appropriate backups and retention of important business records and information;

• be responsible for the actions taken through the Offering by you or your Account Holders;

• ensure you have all required third-party approvals and authorisations where you or your Account Holders connect third-party accounts, applications, data sources or services to the Offering;

• maintain endpoint security, password management, user access controls, multi-factor authentication, and reasonable internal security practices across your systems, devices, and third-party accounts.

7. Access Environments

Where you access or use our Offering through an Access Environment, this clause applies in addition to the other provisions of these Terms & Conditions.

If you access the Offering through a mySMB.com mobile application, your use of the mobile application is also subject to any applicable app store terms. These Terms & Conditions continue to govern your use of the Offering, including the mobile application. If separate mobile application terms are provided, those terms apply to the mobile application to the extent stated.

Where you make an Access Environment available to Account Holders, you are responsible for ensuring that access permissions are correctly configured.

8. AI Tools & AI Outputs

You acknowledge that:

• AI Tools are designed to support your work, not replace human judgment;

• you must ensure appropriate oversight and controls before using AI Tools or relying on AI Outputs;

• AI Outputs may be inaccurate or incomplete, and we do not guarantee that AI Tools will operate without interruption or unintended outcomes;

• AI Outputs may not be unique to you, and similar outputs may be generated for other users;

• AI Outputs are not a substitute for legal, financial, HR, specialist or professional advice. You must not rely on AI Outputs for decisions that could have legal, financial, medical, safety or other high-risk consequences without independent review by a qualified professional;

• AI Tools may generate, recommend, trigger or perform actions. Where AI Tools are configured to recommend, trigger or perform actions, you are responsible for configuring appropriate approval steps, permissions, safeguards and human review;

• AI Tools must not be configured to make or execute high-risk decisions without human approval, unless expressly agreed otherwise;

• AI Tools may include conversational, voice, avatar or automated interaction capabilities which may generate AI Output such as content, responses, communications or actions based on user inputs, connected systems or configured workflows. You are responsible for ensuring human review of all such AI Output;

• AI Tools may rely on third-party services and may change over time;

• we do not provide any guarantees, including the accuracy or suitability of AI Tools or AI Outputs;

• you must not input personal information (as defined in the Privacy Act 1988 (Cth)), confidential third-party information, or sensitive or regulated data into AI Tools unless you have a lawful basis to do so, the use is appropriate for the relevant AI Tool, and you have applied suitable privacy, security and access controls.

9. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which is available at https://www.mysmb.com/privacy.

10. Intellectual Property & Data Security

We own all intellectual property in our Offering unless stated otherwise. Products are provided to you under a non-exclusive, non-transferable licence. You may use our Offering for your internal business use only. You must not resell, redistribute, publish or commercialise any part of our Offering without our prior written permission.

Nothing in these Terms & Conditions gives you the right to modify, remove, obscure or replace any mySMB.com branding, logos, disclaimers, headers, footers, attribution or other identifying material contained in the Offering, except where expressly permitted by us, by the functionality of the Offering, or under applicable additional terms.

You may adapt Content made available through the Offering for your own internal business use. Content is provided as a general starting point only and you are responsible for checking its suitability before use.

We retain ownership of the Content. You retain ownership of your Customer Data and any original material you add. You must not resell, redistribute, publish, commercialise or provide our Content or adaptations of our Content without our prior written consent.

You must not upload, submit, input or disclose our Offering or Content into any external AI tool or third-party service in a way that allows that service to train on, reproduce, redistribute, commercialise or make our Offering or Content available to others, unless we have given our prior written consent.

Where you provide personal information about employees, contractors, customers, suppliers or other entities or individuals, you are responsible for ensuring you have the right to provide that information to us and to use it in connection with the Offering.

We do not guarantee that the Offering is suitable for storing all categories of sensitive, regulated or high-risk data unless expressly agreed in writing.

We may also use anonymised, aggregated, operational, usage and performance data to maintain, support, improve and develop the Offering.

We will not use your identifiable data to train external AI models without your agreement, and any use of data will be in accordance with our Privacy Policy.

We implement and maintain technical and organisational security measures designed to protect Customer Data against unauthorised access, disclosure, alteration or destruction, appropriate to the nature of the data and the risks involved. Where we become aware of an eligible data breach (as defined in the Privacy Act 1988 (Cth)), we will notify affected individuals and the Office of the Australian Information Commissioner as required by law.

11. Termination and Suspension

We may suspend your access to our Offering if:

• you breach these Terms & Conditions, or any other applicable term;

• you misuse the Offering;

• we determine that there has been a security, legal or operational risk;

• a payment is overdue.

Either party may terminate if there has been a material breach which is not remedied within 7 days upon the giving of notice by the other party. We may terminate immediately if there has been a serious breach which is incapable of remedy.

Upon termination, you are responsible for exporting and retaining your Customer Data. Subject to technical availability, legal obligations and any suspension caused by serious misuse or security risk, you will have 30 days from the date of termination to export your Customer Data. After that period, we may delete your Customer Data unless we are required by law to retain it.

We are not responsible for retaining Customer Data after termination or expiry of access unless otherwise agreed in writing.

Certain functionality, integrations, AI history, usage history or Community interactions may not be recoverable following suspension or termination.

Certain Customer Data may remain within the Offering where it forms part of Community content or cannot reasonably be removed.

12. Disclaimers

Subject to any guarantees under the Australian Consumer Law that cannot be excluded, our Offering:

• is provided as-is;

• is for general information purposes only and may require adaptation to your specific circumstances;

• is not legal, financial, HR, or professional advice;

• is delivered on a commercially reasonable efforts basis;

• unless expressly stated otherwise, educational, training and learning content is not professional accreditation, licensing, certification, or guaranteed competency.

You should seek independent professional advice before relying on our Offering.

We do not guarantee any specific business outcomes, uninterrupted access or error-free operation.

13. Liability and Indemnity

You indemnify us for any:

• misuse of the Offering;

• breach of these Terms & Conditions and any other applicable terms;

• violation of third-party rights.

Your indemnity obligations are reduced proportionately to the extent that the relevant loss or damage is caused by, or contributed to by our gross negligence or wilful breach of these Terms & Conditions.

Subject to any rights under the Australian Consumer Law and other applicable law that cannot be excluded:

• our total liability for breach of a non-excludable guarantee is limited to (at our option):

(a) in the case of Services, resupplying the Services or paying the cost of having the Services resupplied; or

(b) in the case of Products, replacing the Products, supplying equivalent Products, repairing the Products, or paying the cost of having the Products replaced or repaired.

For all other liability not involving consumer guarantees, our total liability is limited to the fees you paid us in the previous 12 months.

We are not liable for any indirect or consequential loss (including lost profit, data, opportunity, or business interruption).

Nothing in this clause 13 limits or excludes liability for fraud, wilful misconduct, gross negligence, or any other liability that cannot be lawfully excluded or limited.

14. Fair Use

You agree to the following additional fair use terms that apply to the Offering:

• we may apply and change fair use limits, usage thresholds, storage limits, AI consumption limits, automation limits, or other reasonable usage controls from time to time provided we give you prior written notice;

• additional fees may apply where usage exceeds included limits or where usage-based services are consumed;

• we may suspend, restrict or throttle access where usage materially impacts Offering stability, security, availability or commercial sustainability;

• where practicable, we will give you an opportunity to reduce usage, upgrade or pay applicable overage charges before suspending or restricting access, unless acting reasonably we determine that immediate action is required.

15. Changes to These Terms & Conditions and our Offering

We may update these Terms & Conditions from time to time. If changes are material, we will provide reasonable notice.

Continued use of our Offering means you accept the updated Terms & Conditions. If you do not accept the updated Terms & Conditions, you must provide us with prompt written notice in which case the updated Terms & Conditions will not apply until your next renewal, at which point you may terminate.

We may update, modify or remove features in our Offering, including imposing usage limits from time to time.

Some features may be identified as beta, preview or experimental features and may be subject to reduced functionality, availability or support. Beta, preview or experimental features:

• are provided without warranty, service level or support obligations;

• may be discontinued or changed without notice; and

• should not be relied upon.

Changes to our Offering do not entitle you to a refund unless required by law.

16. Order of Precedence

If there is any inconsistency between documents, the order of precedence is:

1. any agreement such as a Professional Services Schedule or Statement of Work that we enter into with you;

2. any additional terms that apply to a particular Offering or Access Environment;

3. the Community Guidelines, in relation to participation in a Community;

4. these Terms & Conditions.

17. General

Clauses 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 continue after termination.

Governing Law: These Terms & Conditions are governed by New South Wales law and the parties agree to the exclusive jurisdiction of the courts of New South Wales.

Assignment: You may not assign your rights and obligations without our prior written consent. We may assign our rights and obligations to a related entity or to any person who acquires all or a substantial part of our business.

Severability: If any part of these Terms & Conditions is found to be invalid, it is to be read down to the extent possible and does not affect the validity of the remaining Terms & Conditions.

Entire Agreement: These Terms & Conditions (together with any applicable additional terms) constitute the entire agreement between us relating to the Offering and supersede all prior representations, negotiations, understandings and agreements.

Waiver: Failure to enforce any provision of these Terms & Conditions at any time does not constitute a waiver of that provision or of the right to enforce it in the future.

No Exclusion of Consumer Rights: Nothing in these Terms & Conditions excludes, restricts or modifies any right, remedy, guarantee, warranty or condition implied or imposed by law (including under Australian Consumer Law) that cannot be excluded, restricted or modified.

Dispute Resolution: Before commencing legal proceedings (other than for urgent interlocutory relief), a party must: (a) give the other party written notice specifying the dispute in reasonable detail; (b) attempt in good faith to resolve the dispute within 20 days of that notice; and (c) if the dispute remains unresolved, refer it to mediation administered by the Australian Disputes Centre (or such other mediator as the parties agree) before commencing legal proceedings. Costs of mediation are to be shared equally between the parties unless the mediator directs otherwise.

Force Majeure: Neither party is liable for any delay or failure to perform its obligations (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, acts of government or regulatory authority, cyberattacks, internet or critical infrastructure outages, or other events that could not reasonably have been anticipated or prevented (a “Force Majeure Event”). The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the affected Offering on written notice.

Notices: Notices are to be sent by email to legal@mysmb.com; and to your email address as specified when you have purchased or accessed an Offering. Notices are taken to be received on the next Sydney business day after they are sent, unless the sender receives a notice that delivery has failed.

18. Contact Us

If you have questions about these Terms & Conditions, you can contact us at: legal@mysmb.com

Effective 07 August 2026
07 August 2026