These Terms of Service ("Terms") form a binding agreement between you and Simple Budget AU PTY LTD (ABN 54 697 674 187, ACN 697 674 187) ("Simple Budget", "we", "us", or "our") and govern your access to and use of the Simple Budget application, the website at simplebudget.au, and any related services (collectively, the "Service").
By creating an account, signing in, or otherwise using the Service, you agree to these Terms and to our Privacy Policy and Acceptable Use Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you confirm that a parent or legal guardian has reviewed these Terms and consents to your use of the Service. By using the Service you represent that the foregoing is true and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" includes that organisation.
2. Your account
You are responsible for safeguarding your authentication credentials and for all activity under your account. Notify us immediately at contact@simplebudget.au if you suspect any unauthorised use. We may suspend or terminate accounts that we reasonably believe have been compromised or that violate these Terms.
3. The Service
Simple Budget is a manual personal budgeting tool. We provide software to help you record and analyse your finances. We do not provide financial, investment, tax, accounting, or legal advice and are not a substitute for professional advice. You are solely responsible for the financial decisions you make based on the Service.
4. Subscriptions and billing
The Service is offered on free and paid plans. Paid plans are billed in advance on the cycle you select (monthly or annually). All fees are stated in the currency specified at checkout and are exclusive of any applicable taxes, which we will collect where required.
You authorise our payment processor to charge your nominated payment method for the applicable fees, and you authorise renewal at the end of each billing cycle until you cancel. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period and we do not provide pro-rata refunds for partial periods. We may change fees with at least 30 days' notice; if you do not agree, you may cancel before the change takes effect.
5. Your data
You retain all rights in the financial data and other content you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Your Content solely as necessary to provide and improve the Service, perform support, comply with law, and produce de-identified aggregate analytics. We will handle Your Content in accordance with our Privacy Policy.
6. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting that policy, you must not use the Service to violate any law, infringe anyone's rights, or interfere with the integrity or operation of the Service.
7. Third-party services and data
The Service may incorporate or link to third-party services, including currency exchange rate providers, identity providers, and payment processors. We are not responsible for the accuracy, availability, or terms of any third-party service. Exchange rates are provided for informational purposes only and must not be relied upon for trading decisions.
8. Intellectual property
The Service, including its software, design, branding, trademarks, and all related materials (other than Your Content), is owned by Simple Budget or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service in accordance with these Terms. No other rights are granted.
9. Feedback
If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation to you.
10. Service availability
We aim for high availability but do not warrant uninterrupted, error-free, or secure access to the Service. We may perform planned or emergency maintenance, suspend the Service to address security or legal issues, or modify, discontinue, or replace features at any time, with reasonable notice where practicable.
11. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted operation. We do not warrant that the Service will meet your requirements or that any defect will be corrected.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable law that cannot lawfully be excluded.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or the Service. Our total aggregate liability for all claims arising out of or in connection with the Service or these Terms in any 12-month period will not exceed the greater of (a) AUD $100, or (b) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim.
13. Indemnity
You will indemnify and hold harmless Simple Budget and its officers, directors, employees, and agents from any third-party claim, demand, loss, or expense (including reasonable legal fees) arising out of or relating to (a) Your Content, (b) your use of the Service in breach of these Terms or applicable law, or (c) your violation of any third party's rights.
14. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access immediately if we reasonably believe you have breached these Terms, if required by law, or to protect the Service or other users. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnity, and dispute resolution — will survive.
15. Changes to the Service or these Terms
We may modify these Terms from time to time. Where changes are material we will notify you in the Service and, where appropriate, by email, and ask you to accept the updated Terms before continuing to use the Service. Your continued use after the effective date of an update constitutes acceptance.
16. Governing law and jurisdiction
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia in relation to any dispute arising out of or in connection with these Terms or the Service. Nothing in this clause prevents either party from seeking urgent injunctive relief in any competent court.
17. General
These Terms (together with the documents incorporated by reference) are the entire agreement between you and Simple Budget regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. No failure to enforce a right is a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction.
18. Contact
Questions about these Terms should be sent to:
Simple Budget AU PTY LTD PO Box 215, Subiaco PO, WA 6904, Australia contact@simplebudget.au