Terms of Service

Effective starting: 1 January 2024

Introduction

Welcome to FSH Tech Solutions Pty Ltd ('we', 'us', or 'our'). These Terms of Service ('Terms') govern your access to and use of our website/application https://smact.fshtechsolutions.com, including any content, functionality, and services offered on or through the website/application.

Acceptance of Terms

By using our website/application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website/application.

Use of Service

You may use our website/application only for lawful purposes and in accordance with these Terms. You agree not to use the website/application:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.

Our service relies on third-party providers, including DigitalOcean, to deliver hosting, database management, and application platform services. While we strive to ensure high availability and performance, we cannot guarantee that our service will be uninterrupted or error-free due to reliance on these third-party services.

User Accounts

To access certain features of the Application, you must create an account. You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Subscription Plans

The Application offers subscription plans, including Free, Fundamental, and Professional tiers. Subscription details, including payment terms, are specified in the User License Agreement. All payments are processed through Stripe. Subscription fees are non-refundable.

Intellectual Property

All content, trademarks, and data on the Application are the property of FSH Tech Solutions Pty Ltd. You may not use, reproduce, or distribute any content from the Application without our explicit permission.

Liability and Warranties

We do not guarantee that our website/application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our website/application. You should use your own virus protection software.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website/application or to your downloading of any content on it, or on any website linked to it.

Our service may experience interruptions or limitations due to the reliance on third-party providers like DigitalOcean. We are not liable for any disruptions, delays, or unavailability of the service caused by these providers. We will make reasonable efforts to notify users of any planned maintenance or unforeseen outages.

Third-Party Services

The Application may integrate with third-party services to facilitate its functionality. The primary third-party services that users will interact with include DigitalOcean and Stripe. By using our services, you agree to comply with the terms and conditions of these third-party providers.

Integration with DigitalOcean:

  • Hosting and Infrastructure: DigitalOcean provides cloud hosting and database management services for our Application. DigitalOcean processes data on our behalf and in accordance with our instructions, ensuring that your data is protected and handled securely.

For more information about DigitalOcean’s terms and policies, please visit their Terms of Service and Privacy Policy.

Integration with Stripe:

  • Payment Processing: Stripe handles all payment processing for subscription plans.
  • For more information about Stripe’s terms and policies, please visit their Legal Page.

  • User Account Management: Stripe manages customer accounts related to payment information and billing.

Other Third-Party Components:

The Application also utilises various third-party JavaScript and Python libraries to support its functionality. These libraries are used in accordance with their respective licenses. We are not responsible for the availability, accuracy, or reliability of such third-party services. Your use of third-party services is governed by their respective terms of service.

Payments

All payments for subscription plans are processed through Stripe, a third-party payment processor. By subscribing to our services, you agree to comply with Stripe’s terms and conditions. You authorise Stripe to charge your chosen payment method for the subscription fee.

For more information about Stripe’s terms and conditions, please visit their Legal Page.

Termination

We may terminate or suspend your access to our website/application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Application will cease immediately. All provisions of these Terms and Conditions, which by their nature should survive termination, shall survive termination.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the new Terms on our website/application. Your continued use of the website/application following the posting of revised Terms means that you accept and agree to the changes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Western Australia, and you hereby consent to the jurisdiction and venue of such courts.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].