Terms of Service

These Terms of Service ("Terms") are a legal agreement between you (the business or person subscribing, "you", "your", the "Studio") and Faden ("Faden", "we", "us"), operated from Brisbane, Queensland, Australia. They govern your access to and use of the Faden platform, websites and related services (the "Service").

By creating an account, starting a trial or using the Service, you agree to these Terms, our Privacy Policy and our Payment Terms, which are incorporated by reference. If you are entering into these Terms for an organisation, you confirm you are authorised to bind it.

If you do not agree to these Terms, do not use the Service.

• "Client Data" means the data you and your staff enter or generate in the Service about your own customers and business — including customer profiles, measurements, orders, communications and payment records.
• "Users" means the staff members you authorise to access your account, each within the seat limits of your plan.
• "Plan" means the subscription tier and any add-ons you select.
• "Consumables" means metered, pre-paid usage such as message credits, call minutes and AI actions.

You must be at least 18 years old and use the Service for genuine business purposes. You are responsible for the accuracy of your account details, for all activity under your account, and for keeping credentials secure. Enable multi-factor authentication where offered.

• You are responsible for your Users and for ensuring they comply with these Terms.
• You must not share logins, exceed your plan's seat limit by circumventing controls, or let anyone access the Service who is not an authorised User.
• Notify us promptly at support@faden.tech if you suspect any unauthorised use of your account.

The Service is provided on a subscription basis. Plans, inclusions and prices are shown at faden.tech/pricing and are governed by our Payment Terms.

• Free trials, where offered, give access to a paid tier for a limited period. If you do not select a paid plan, your account moves to the free tier or is limited at the end of the trial.
• Paid subscriptions are billed in advance for the chosen billing cycle (for example monthly, six-monthly or yearly) and renew automatically unless cancelled.
• You may upgrade, downgrade or cancel in line with the Payment Terms. On cancellation, paid access continues until the end of the current paid period.
• The free tier is offered as-is and its limits are enforced gracefully — nothing you have created is deleted for exceeding a free-tier limit.

Fees, billing cycles, taxes, add-ons, metered Consumables, price changes, refunds and non-payment are set out in full in our Payment Terms, which form part of this agreement. In summary: subscription fees are charged in advance and are non-refundable except as required by law or as expressly stated there; Consumables are pre-paid and non-refundable once purchased.

As between you and Faden, you own your Client Data. You grant us a limited licence to host, process and transmit it solely to provide, secure and support the Service, and as otherwise permitted in our Privacy Policy.

You are the data controller

You are responsible for your Client Data and for how you collect and use it. You must have the necessary rights and consents — for example, consent to store a customer's measurements and to contact them by email, SMS or messaging — and you must comply with all laws that apply to your business, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth) and equivalent laws where your customers are located.

• You must not use the Service to store or send unlawful content, or to contact people who have not consented where consent is required.
• You are responsible for maintaining your own privacy policy and customer-facing terms.
• We provide tools to help you meet data-subject requests (export, correction, erasure, consent tracking, sub-processor visibility), but responsibility for using them rests with you.

We act as your processor for Client Data and only handle it on your instructions, consistent with our Privacy Policy. We do not sell it or use it for our own marketing.

You must not, and must not allow anyone to:

• Break the law, infringe others' rights, or send spam, malware or unlawful, harassing or deceptive content through the Service.
• Probe, scan, overload, disrupt or attempt to gain unauthorised access to the Service, other tenants' data, or our infrastructure.
• Reverse-engineer, copy, resell, sublicense or create a competing product from the Service, except to the extent this restriction is prohibited by law.
• Circumvent usage limits, security controls, metering or billing.
• Misuse AI features — including attempting to extract other tenants' data, generate unlawful content, or use outputs in a way that breaches these Terms.

We may investigate suspected breaches and may suspend access to protect the Service or other users.

The Service lets you connect third-party services — for example payment gateways (such as Stripe or Square), messaging (Twilio), accounting (Xero) and shipping providers. Those services are provided by third parties under their own terms and privacy policies, and your use of them is between you and that provider.

When you connect an integration, you authorise Faden to exchange data with it to provide the relevant feature. We are not responsible for third-party services, their availability, or their acts or omissions. Fees charged by a third party (for example, payment-processing fees) are separate from your Faden subscription and are charged by that third party.

The Service, including its software, design, content and trade marks, is owned by Faden or our licensors and is protected by law. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription, for your internal business purposes, subject to these Terms. All rights not expressly granted are reserved.

If you give us feedback or suggestions, we may use them to improve the Service without obligation to you.

We work to keep the Service available and performant, and provide support at a level that depends on your plan. From time to time the Service may be unavailable for maintenance, updates or reasons beyond our control. We may modify, add or remove features as the Service evolves; we will not make a change that materially reduces the core functionality of a paid plan without reasonable notice.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and to the maximum extent permitted by law we exclude all other warranties, whether express or implied.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded ("Non-excludable Rights").

Where our liability for a breach of a Non-excludable Right can be limited by law, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

Subject to your Non-excludable Rights, and to the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill, or loss or corruption of data, however arising.
• Our total aggregate liability to you arising out of or in connection with the Service or these Terms is limited to the fees you paid to us for the Service in the three (3) months immediately before the event giving rise to the liability.

You are responsible for maintaining your own copies of important data; the Service provides export tools for this purpose.

You agree to indemnify us against claims, losses and reasonable costs arising from your Client Data, your use of the Service in breach of these Terms or the law, or your infringement of a third party's rights — except to the extent caused by our own breach or negligence.

• You may cancel at any time; access to paid features continues to the end of your current paid period.
• We may suspend or terminate your access if you materially breach these Terms (including non-payment) and, where the breach can be remedied, do not remedy it within a reasonable time after notice; or immediately if required to protect the Service, other users or comply with law.
• On termination, your right to use the Service ends. For a reasonable period after termination you may export your data; after that we may delete or de-identify it in line with our Privacy Policy and legal retention requirements.

We may update these Terms as the Service and our legal obligations evolve. When we make material changes we will update the effective date and, where appropriate, notify you. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree, you may stop using the Service and cancel.

These Terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

• If any provision is found unenforceable, the rest continues in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them as part of a reorganisation or sale of our business.
• Neither party is liable for failure or delay caused by events beyond its reasonable control.
• These Terms, the Privacy Policy and the Payment Terms are the entire agreement between us about the Service and supersede prior discussions.
• Notices to us may be sent to support@faden.tech; notices to you may be sent to the email on your account or shown in the Service.