1. AGREEMENT TO TERMS

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your”) and Absurde Software Pty Ltd (“Absurde,” “Company,” “we,” “us,” or “our”), governing your access to and use of the website any of our owned websites, and all related products, services, tools, integrations, and features (collectively, “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must discontinue use immediately.

We may revise or update these Terms at any time. If material changes are made, we will notify you by email or through prominent notice on the Services. Your continued use after such updates constitutes acceptance of the revised Terms.

These Terms apply to all users of the Services, whether acting on your own behalf or on behalf of an organisation.

2. DEFINITIONS

For purposes of these Terms:

“Account” refers to a registered user profile enabling access to or use of the Services.

“Content” means all materials available through the Services, including text, code, software, graphics, images, audio, video, data, and documentation.

“User Contributions” refers to any content submitted, posted, uploaded, or transmitted by you through the Services.

“Subscription” refers to a recurring paid plan that provides access to specific features or capabilities.

“Third-Party Services” refers to products, services, or integrations provided by third parties that may interact with or complement the Services.

3. OUR SERVICES

The Services provide digital tools to streamline and automate client engagement processes for professional service providers, including form creation, conditional logic workflows, CRM-related functionality, automated messaging, and data collection.

We make no representation that the Services are appropriate or available in jurisdictions where their use would be unlawful. You are solely responsible for ensuring compliance with local laws applicable to your use of the Services.

We reserve the right to modify, enhance, or discontinue any part of the Services at our discretion, subject to the provisions outlined in these Terms.

4. ELIGIBILITY

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.

If you are using the Services on behalf of an organisation, you represent and warrant that you have full authority to bind that organisation to these Terms.

The Services may not be used by individuals or entities located in jurisdictions where the use of the Services is prohibited by law.

5. ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Services, you may be required to create an Account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

We reserve the right to refuse registration, reclaim usernames, or suspend Accounts that violate these Terms or pose security risks.

You agree not to share your Account credentials or allow any unauthorized person to access your Account.

6. PURCHASES AND PAYMENT

All purchases made through the Services must be made using a valid payment method accepted by us, which may include Visa, Mastercard, American Express, and PayPal.

You agree to provide complete and accurate billing information, including payment method, email address, and billing address, and to keep such information up to date.

All prices are listed in AUD unless otherwise stated. Taxes may be applied where required by law.

All fees and charges are non-refundable except where required by applicable law (including, where applicable, the Australian Consumer Law). We do not provide refunds, credits, or prorated reimbursements for unused portions of any Subscription, partial billing periods, downtime, or features that are subsequently modified or removed.

We reserve the right to correct pricing errors even after payment has been processed. We also reserve the right to refuse or cancel any order suspected of fraud, misuse, or policy violations.

7. SUBSCRIPTIONS AND RENEWALS

Some features of the Services are available only through paid Subscriptions. By purchasing a Subscription, you authorize us to charge your payment method on a recurring basis until canceled.

Billing cycles are monthly or yearly, depending on the Subscription selected. Your Subscription will renew automatically unless canceled before the renewal date.

You may cancel your Subscription at any time through your Account settings. Cancellations take effect at the end of the current billing cycle. We do not offer prorated refunds for partial billing periods.

We may adjust Subscription pricing from time to time. If we make material changes to fees, we will provide notice in advance, and the updated pricing will take effect at the next renewal cycle.

8. ACCEPTABLE USE POLICY

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not engage in any activity that interferes with or disrupts the functionality, security, integrity, or availability of the Services.

Prohibited activities include, without limitation:

• Attempting to hack, bypass, or interfere with security features of the Services.

• Accessing any portion of the Services using automated tools, bots, scrapers, or scripts without authorization.

• Using the Services to distribute malware, phishing content, or harmful code.

• Impersonating any person or entity, or misrepresenting your affiliation.

• Harvesting or collecting personal information without proper consent.

• Uploading or transmitting content that is defamatory, obscene, hateful, threatening, or illegal.

• Using the Services in violation of any applicable local, national, or international laws.

• Creating forms or workflows intended to deceive, defraud, mislead, harass, or harm others.

We reserve the right to investigate any violations of this Acceptable Use Policy and to take appropriate action, including account suspension or termination.

9. USER CONTRIBUTIONS

The Services may allow users to submit, upload, post, or transmit content, including text, images, data, form Designs, workflow logic, feedback, or other materials (“User Contributions”).

You retain ownership of your User Contributions; however, by submitting them through the Services, you grant us a licence as detailed in Section 10.

You represent and warrant that:

• You own or have the necessary rights to submit such User Contributions;

• Your User Contributions do not infringe any intellectual property, privacy, or proprietary rights of any third party;

• Your User Contributions do not violate any law or contain harmful, abusive, defamatory, or inappropriate material;

• Your User Contributions do not contain any confidential information unless you have the lawful right to disclose it.

We reserve the right (but are not obligated) to monitor, review, remove, or disable access to any User Contributions that violate these Terms.

10. CONTRIBUTION LICENCE

By submitting User Contributions through the Services, you grant Absurde a worldwide, irrevocable, perpetual, transferable, sublicensable, royalty-free licence to use, host, copy, reproduce, modify, distribute, display, publish, and create derivative works from such User Contributions for any lawful business purpose, including improvement of the Services.

You waive all moral rights in your User Contributions, to the extent permitted by law.

We do not assert ownership over your original works; however, you acknowledge that by submitting content through the Services, you grant us the right to use such content for operational, developmental, and analytical purposes.

11. INTELLECTUAL PROPERTY RIGHTS

All Content, software, source code, databases, designs, interfaces, trademarks, service marks, logos, documentation, and other materials forming part of the Services (“Absurde IP”) are owned or licensed by Absurde and protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted under these Terms, no Absurde IP may be copied, republished, reproduced, modified, translated, distributed, sold, licensed, or exploited for any commercial purpose without written permission from Absurde.

You are granted a limited, revocable, non-transferable licence to access and use the Services solely for your internal business purposes. This licence does not grant you ownership or any rights outside of the limited use expressly permitted.

Any breach of this section constitutes a material violation of these Terms and may result in immediate termination of your access to the Services.

12. THIRD-PARTY SERVICES AND CONTENT

The Services may integrate or interact with third-party platforms, tools, and services (“Third-Party Services”). You acknowledge that Absurde is not responsible for the availability, security, accuracy, or legality of any Third-Party Services.

Your use of Third-Party Services is governed by the respective third-party terms and policies. It is your responsibility to review and understand those terms.

We do not endorse, monitor, or assume responsibility for any Third-Party Services. Accessing or relying on such services is solely at your own risk.

13. SERVICE MANAGEMENT AND ENFORCEMENT RIGHTS

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms;

• Take appropriate legal action against users who breach these Terms;

• Suspend, restrict, or disable access to the Services for any user at our discretion;

• Remove or disable User Contributions that violate these Terms;

• Manage the Services in a manner designed to maintain optimal performance, security, and integrity;

• Remove content or files that exceed reasonable size limits or burden system resources.

We assume no liability for actions taken in accordance with this section.

14. PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

By using the Services, you consent to all actions taken by us with respect to your information as described in the Privacy Policy.

You may view the full Privacy Policy at: https://www.absurdesoftware.com/privacy-policy

15. COPYRIGHT INFRINGEMENT NOTIFICATIONS

We respect the intellectual property rights of others and expect users of the Services to do the same.

If you believe that any content available on or through the Services infringes upon your copyright, you may submit a written notification (“Copyright Notice”) to us at support@absurdesoftware.com.

Your Copyright Notice must include the following information to be legally valid:

• Identification of the copyrighted work claimed to have been infringed;

• Identification of the allegedly infringing material, including its location on the Services;

• Your contact details, including name, address, telephone number, and email address;

• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;

• A statement, under penalty of perjury, that the information in the notice is accurate;

• A physical or electronic signature of the copyright owner or authorized representative.

Please note that you may be held liable for damages if you knowingly misrepresent that content is infringing.

16. MODIFICATIONS TO THE SERVICES

We reserve the right to modify, update, suspend, or discontinue any part of the Services at any time, with or without notice.

Such modifications may include changes to features, functionalities, pricing, capabilities, UI/UX elements, or the introduction of new components.

We are under no obligation to update or maintain any historical features or legacy functionality.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.

17. DOWNTIME AND AVAILABILITY

We strive to maintain the availability and reliability of the Services but do not guarantee uninterrupted or error-free operation.

The Services may experience temporary downtime due to:

• Scheduled maintenance;

• Emergency repairs;

• Hardware or software failures;

• Denial-of-service attacks or other malicious activities;

• Issues with hosting providers or third-party infrastructure;

• Events outside of our reasonable control.

You acknowledge that such downtime may occur and agree that we shall not be liable for any loss, damage, or inconvenience resulting from interruptions.

Nothing in these Terms obligates us to continue providing any specific feature, functionality, or Service indefinitely.

18. TERM AND TERMINATION

These Terms remain in full force and effect for as long as you continue to access or use the Services.

We may terminate or suspend your access to the Services at any time, with or without notice, for any reason or no reason, including but not limited to:

• Breach of these Terms;

• Failure to pay fees;

• Threats to Service integrity or security;

• Conduct that may harm Absurde, its users, or its reputation;

• Requests by law enforcement or regulatory authorities.

If your Account is terminated, you are prohibited from creating a new Account using your name, a false identity, or the identity of any third party.

We may also pursue civil or criminal legal remedies for any violations of these Terms.

19. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY;

• FITNESS FOR A PARTICULAR PURPOSE;

• NON-INFRINGEMENT;

• ACCURACY OR COMPLETENESS OF CONTENT;

• CONTINUOUS, SECURE, OR ERROR-FREE ACCESS;

• RELIABILITY OF ANY DATA PROCESSED OR STORED BY THE SERVICES.

We do not warrant that the Services will meet your requirements or that any defects will be corrected.

We are not responsible for the conduct of any users of the Services.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABSURDE, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

• ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY—CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

21. AUSTRALIAN CONSUMER LAW

Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, right, or remedy you may have under the Australian Consumer Law (“ACL”) or any other applicable law that cannot lawfully be excluded, restricted, or modified.

To the maximum extent permitted by law, where the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for any breach of a non-excludable consumer guarantee under the ACL is limited, at our option, to:

• The resupply of the affected Services; or

• The payment of the cost of having the affected Services resupplied.

Where the Services are acquired for personal, domestic, or household use or consumption, your statutory rights under the ACL apply in addition to any rights set out in these Terms.

All other warranties, conditions, and guarantees that would otherwise be implied into these Terms are excluded to the fullest extent permitted by law.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Absurde, including its affiliates, directors, officers, employees, agents, and contractors, from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to:

• Your use of the Services;

• Your User Contributions;

• Your breach of these Terms;

• Your violation of any third-party rights;

• Your violation of any applicable laws, regulations, or obligations.

We reserve the right, at our own expense, to assume control of any matter otherwise subject to indemnification. In such cases, you agree to cooperate fully with our defense.

23. USER DATA AND DATA RETENTION

We will maintain certain data that you transmit to the Services for the purpose of operating, improving, and maintaining the performance of the Services. This may include usage data, log data, form submissions, workflow activity, and metadata.

Although we perform routine backups, you acknowledge that you are solely responsible for:

• Maintaining your own backups of all data you submit or store through the Services;

• Exporting or preserving any information you wish to retain outside the platform;

• Ensuring compliance with any legal or regulatory data retention requirements applicable to your organisational use.

To the fullest extent permitted by law, Absurde is not liable for any loss, corruption, or inadvertent deletion of User Data.

Upon termination of your Account, we may delete or anonymize your data in accordance with our internal retention policies, except where additional retention is required by law.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By accessing the Services, sending us emails, or completing online forms, you consent to receive electronic communications from us.

You agree that all agreements, disclosures, notices, records, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

YOU CONSENT TO:

• The use of electronic signatures;

• The use of electronic records;

• The delivery of notices electronically;

• The execution of transactions electronically.

You waive any rights under applicable laws requiring non-electronic signatures or records.

25. COMPLIANCE WITH LAWS

You agree to comply with all applicable local, state, federal, and international laws, regulations, and standards when using the Services.

This includes, without limitation:

• Data protection and privacy laws;

• Anti-spam regulations;

• Consumer protection laws;

• Intellectual property laws;

• Export control and sanctions regulations;

• Any industry-specific regulatory requirements applicable to your use.

You are solely responsible for ensuring that your use of the Services meets all legal requirements relevant to your operations or jurisdiction.

26. FORCE MAJEURE

We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, embargoes, strikes, labour disputes, internet or telecommunications failures, hosting provider outages, denial-of-service attacks, cyber attacks, or interruptions to power or third-party infrastructure.

In the event of a force majeure event, our obligations under these Terms will be suspended for the duration of the event, and we will resume performance as soon as reasonably practicable.

27. GOVERNING LAW

These Terms and any disputes arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict-of-law principles.

You agree that the courts of the State of Queensland, Australia shall have exclusive jurisdiction to resolve any legal action or proceeding relating to these Terms or your use of the Services.

28. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes arising from or relating to these Terms to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

Notwithstanding the foregoing, Absurde reserves the right to initiate proceedings in the jurisdiction where you reside or where your principal place of business is located, when appropriate.

You agree to participate in good faith in any dispute resolution process, including negotiation or mediation, if requested by Absurde, prior to the commencement of litigation.

29. CHANGES TO THESE TERMS

We reserve the right to update, modify, or replace these Terms at any time, at our sole discretion.

If we make material changes, we will provide notice by:

• Emailing you at the address associated with your Account; or

• Posting a prominent notice on the Services.

Unless otherwise stated, updated Terms take effect immediately upon posting.

Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

30. ASSIGNMENT

You may not assign, transfer, sub-licence, or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in breach of this clause is void.

We may, at any time and without notice or consent, assign, transfer, novate, or sub-licence any or all of our rights or obligations under these Terms, including in connection with a merger, acquisition, restructure, or sale of all or part of our business or assets.

31. SEVERABILITY

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

32. NO WAIVER

No failure or delay by us to exercise any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise of that or any other right, power, or remedy.

Any waiver by us of any provision of these Terms is only effective if given in writing and signed by an authorised representative, and applies only to the specific instance and purpose for which it is given.

33. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Absurde concerning your access to and use of the Services.

These Terms supersede all prior or contemporaneous communications, representations, proposals, negotiations, conditions, or agreements (whether oral or written) between you and Absurde relating to the subject matter of these Terms.

You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not expressly set out in these Terms.

34. CONTACT INFORMATION

If you have questions, concerns, or complaints regarding these Terms or the Services, you may contact us at:

Absurde Software Pty Ltd

Queensland, Australia

Email: support@absurdesoftware.com