Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Jade Estate (ABN 13 460 748 489) ("we", "us", or "our") governing your access to and use of the Jade Estate platform, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use our Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Description of Service

Jade Estate provides a property investment management platform that allows users to:

• Track and manage investment property portfolios
• Record income, expenses, and financial transactions
• Connect bank accounts to automatically import transactions
• Upload and process financial documents
• Generate financial reports for tax and analysis purposes
• Integrate email accounts to capture property-related communications

5. Subscription Plans and Payments

5.1 Free and Paid Plans

We offer a free tier with limited features and paid subscription plans with additional functionality. Details of each plan are available on our pricing page.

5.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. All fees are in Australian Dollars (AUD) and are inclusive of GST where applicable.

5.3 No Refunds

All payments are final and non-refundable. You will not receive a refund for any subscription fees already paid, including if you cancel your subscription before the end of your billing period or if your account is terminated for violation of these Terms.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period, after which your account will revert to the free tier.

5.5 Price Changes

We reserve the right to modify our pricing at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will provide at least 30 days' notice of any price increases.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use the Service for any fraudulent or deceptive purposes
• Scrape, harvest, or collect data from the Service without permission
• Resell, redistribute, or sublicense the Service without authorisation

7. Your Content and Data

7.1 Ownership

You retain ownership of all data, documents, and content you submit to the Service ("Your Content"). We do not claim any ownership rights over Your Content.

7.2 License to Us

By submitting Your Content to the Service, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or your account.

7.3 Responsibility

You are solely responsible for Your Content and ensuring you have the right to submit it to the Service. We are not responsible for the accuracy, completeness, or legality of Your Content.

8. Third-Party Services

Our Service integrates with third-party services including banking data providers (Basiq), payment processors (Stripe), and cloud services (Google). Your use of these third-party services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services, and your use of them is at your own risk.

9. Intellectual Property

The Service, including its design, features, code, and content (excluding Your Content), is owned by Jade Estate and protected by Australian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without our express written consent.

"Jade Estate" and our logo are trademarks of Jade Estate. You may not use our trademarks without our prior written permission.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JADE ESTATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service
• Any unauthorised access to or alteration of your data
• Any third-party conduct or content on the Service
• Any errors, inaccuracies, or omissions in the Service

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 AUD, whichever is greater.

12. Not Financial or Tax Advice

The Service is a record-keeping and reporting tool only. Nothing in the Service constitutes financial, tax, legal, or investment advice. The reports and calculations generated by the Service are for informational purposes only and should not be relied upon for making financial decisions or tax filings without consulting a qualified professional.

We are not registered tax agents, financial advisers, or accountants. You are solely responsible for ensuring the accuracy of your records and compliance with your tax obligations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Jade Estate and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You will not be entitled to any refund of fees paid
• We may delete your account and data after a reasonable period

Sections 10-13 and any other provisions that by their nature should survive will survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, for the resolution of any disputes.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Jade Estate.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

18. Contact Us

If you have questions about these Terms, please contact us at:

Jade Estate
ABN: 13 460 748 489
Email: legal@jade.estate