Terms of Use (Australia)

Effective date: 15.11.25

1. What these terms cover

These Terms govern your access to and use of the Plotability application, website, and related services (the Service). By purchasing or using the Service, you agree to these Terms, our Privacy Policy, and our Refunds & Cancellations policy.

2. Eligibility & accounts

• You must be 18+ and able to enter contracts.
• Keep any login details secure; you're responsible for activity under your account.
• We may refuse, suspend, or terminate accounts for breach, risk, fraud, or unlawful use.

3. Licensing & fees (one-time purchase)

• One-time purchase: Plotability is sold for a single upfront fee in AUD. No subscriptions, tokens, or credits are offered at this stage.
• Licence grant: Upon payment, we grant you a non-exclusive, non-transferable licence to use the software for your personal or business writing projects, subject to these Terms.
• Scope & devices: Unless otherwise stated at checkout, the licence is for one customer account. Device limits, if any, are stated in the product description.
• Updates: We may provide maintenance updates and bug fixes at our discretion. Major new features or future editions may be offered as optional paid upgrades.
• Taxes: If we are registered for GST, AUD prices shown to Australian consumers are GST-inclusive, and tax invoices will include our ABN.

4. Payment

• Payments are processed by Stripe; we do not store full card numbers.
• Your purchase is complete when Stripe confirms successful payment. Access may be withheld or withdrawn in cases of chargeback, fraud, or payment reversal.

5. AI features — Bring Your Own API Key (BYOK)

• Certain features integrate with external AI providers using your API key (e.g., Google Gemini).
• You are solely responsible for: (a) obtaining and securing your key, (b) any usage fees charged by that provider, and (c) complying with the provider's terms and policies.
• We may provide in-app controls to help you manage usage, but final behaviour, costs, and limits are determined by your chosen provider.
• We are not liable for outages, responses, or changes made by external providers.

6. Acceptable use

You must not: violate laws or third-party rights; upload malicious code; attempt to access others' data; interfere with the Service; or reverse-engineer, copy, resell, or sublicense the software except as permitted by law. We may rate-limit, suspend, or disable access to protect users and the Service.

7. Your content & our IP

Your Content: You retain ownership of content you add. You grant us a limited licence to process and display it solely to provide the Service.

Our IP: The software, UI, brand, and documentation are owned by us or our licensors. Apart from the licence above, no rights are assigned or transferred.

8. Privacy

Our Privacy Policy explains how we collect and handle personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

9. Availability & changes

We aim for high availability but do not guarantee uninterrupted operation. We may modify or discontinue features to maintain security, legal compliance, or performance. We may update these Terms; continued use after the effective date constitutes acceptance.

10. Australian Consumer Law (ACL) & warranties

• The Service is provided "as is" to the maximum extent permitted by law.
• Your non-excludable rights: Nothing in these Terms excludes your rights under the Australian Consumer Law. If there is a major failure, you are entitled to a refund or other remedy. See Refunds & Cancellations for how we handle issues and requests.

11. Liability cap

To the extent permitted by law, our aggregate liability for all claims related to the Service is limited to the amount you paid for your licence in the 12 months before the claim. This cap does not limit remedies that cannot be excluded under the ACL.

12. Termination

You may stop using the Service at any time. We may suspend or terminate access for breach, risk, fraud, or unlawful use. After termination, your licence ends and we may delete or anonymise data after reasonable retention periods (see the Privacy Policy).

13. Governing law

These Terms are governed by the laws of Queensland, Australia, and the courts of Queensland have non-exclusive jurisdiction.

14. Contact

Questions? Email support@plotability.net