This Agreement sets out the terms governing how businesses and individual users interact with Effica’s software platforms (the “Platform”). By registering, accessing, or using Effica, you agree to the following terms, policies, and obligations. 

License Grant 

Effica provides its users (“Licensees”) with a revocable, limited, non-transferable right to access and use the Platform and associated resources (“Materials”). Usage is restricted solely to authorized business or organizational activities. 

• The license does not permit resale, leasing, sublicensing, or sharing. 

• Licensees may not duplicate, alter, or decompile source code. 

• Concurrency controls apply: access is capped at the contracted number of simultaneous sessions. Extra usage may incur additional costs. 

License/Subscription Duration 

Licenses/Subscription commence on the start date of the signed subscription and remain valid for a minimum term of 1 month. After this fixed period, unless terminated, the agreement renews on a rolling month-to-month basis. 

Fees and Payment Terms 

• Subscription fees are billed in advance and payable by direct debit or credit card. 

• Price reviews may occur annually after the first year, with adjustments communicated at least 30 days beforehand. 

• Downgrading plans mid-term is not permitted. 

• Overage fees apply where concurrency caps are exceeded or contracted limits are breached. 

Support Services 

Support is delivered across three layers: 

• Self-service: Digital tutorials, FAQs, and documentation accessible 24/7. 

• Administrator support: Web-based support available Monday to Friday (9am–5pm AEST). 

• Worker-level users: Technical issue reporting is available but training or functional support should be directed via internal administrators. 

Intellectual Property & Ownership 

Effica retains all intellectual property in the Platform and Materials. Licensees acknowledge that no transfer of rights occurs beyond the temporary, restricted license granted. 

Licensees must not conceal, remove, or modify Effica trademarks or copyright notices. 

Privacy and Data Handling 

Both parties agree to compliance with the Privacy Act 1988 (Cth) and amendments as applicable. Obligations include: 

• Collecting and processing personal data only with clear and specific consent. 

• Providing users rights to access, update, or request deletion of their data (Right to Erasure). 

• Promptly reporting and documenting any Data Incidents as per OAIC requirements. 

• Maintaining internal privacy safeguards, including staff training and security policies. 

Effica may contact users for critical system notices, service updates, or product improvements. Marketing and promotional emails are optional and users can opt out at any time. 

User Accounts and Access 

• Each User may create an individual profile (User Account). 

• Users linked to organisations (“Organisation Users”) may access features determined by that relationship. 

• If the organisational link ends, the individual User retains a standard account. 

Platform Changes & Updates 

Effica may periodically: 

• Introduce or remove features. 

• Update Terms of Use. 

• Discontinue services with fair notice. 

If a change materially affects users, notice will be provided. Continued platform use after updates constitutes acceptance. If users disagree, they may terminate their subscription. 

Effica may deploy AI, machine learning, or algorithms to optimize platform performance. These are assistive tools and are not intended to replace professional judgment. 

Confidential Information 

Effica materials contain trade secrets and confidential data. Licensees: 

• Must restrict disclosure solely to employees or contractors who need access. 

• Will ensure third-party contractors sign confidentiality undertakings. 

• Shall not misuse or improperly disclose platform information. 

Effica: 

• Limits staff access to personal data strictly to operational needs. 

• Has in place training and policies on proper handling of information. 

• Will notify Licensees immediately of suspected or confirmed data security events. 

Warranties and Responsibilities 

Effica assures it holds the rights to provide the licensed software and that normal use will not intentionally infringe third‑party rights. 

The Licensee warrants that: 

• The Platform will only be used for legitimate and lawful purposes. 

• They will not sell, mortgage, or encumber their license. 

• Usage will not breach intellectual property, overburden the service, or damage system integrity. 

Acceptable Usage Standards 

Users agree to: 

• Avoid practices that overload system performance. 

• Respect session concurrency policies. 

• Not attempt unauthorized automation, account rotation, or access circumvention. 

Breaches may lead to suspension, restrictions, or termination. 

Liability & Indemnities 

To the maximum extent permitted by law, Effica excludes all liability for any indirect, special, incidental, or consequential losses, including without limitation loss of profits, revenue, business interruption, data, or goodwill, arising out of or in connection with the Services. 

Effica’s total aggregate liability for any claim, whether in contract, tort (including negligence), statute, or otherwise, is limited to resupplying the affected Services, covering the cost of having the Services resupplied, or (at Effica’s option) an amount equal to the fees paid by the Licensee for the Services in the 12 months preceding the event giving rise to the claim. 

The Licensee indemnifies Effica against all claims, damages, and costs arising from misuse of the Services, unauthorised actions, or inaccuracies in input data provided by the Licensee. 

Termination Policies 

• Either party may terminate this Agreement with immediate effect if the other party breaches terms and fails to remedy within 30 days, or becomes insolvent. 

• Licensees may terminate  with 30 days’ notice. Early termination requires settling remaining contractual costs. 

• Upon termination, Licensees must cease use immediately and return or confirm destruction of Materials. 

Notices & Dispute Resolution 

All notices must be provided in writing to the designated address or registered contact email. 
Disputes must first be attempted to resolve in good faith; unresolved matters may then proceed to alternative dispute resolution. 

Governing Law 

This Agreement is governed by the laws of South Australia, Australia. Parties submit to the exclusive jurisdiction of SA courts. 

Onboarding, Implementation & Trial Use 

• Effica’s structured onboarding may be digital or guided, with customers responsible for timely data preparation, staff participation, and adherence to project timelines. 

• If provided, free trials end upon expiry of the trial term or conversion to a paid plan, whichever occurs first. 

• Additional services outside agreed scope may attract extra costs at published rates. 

General Terms 

• This Agreement constitutes the entire understanding between Effica and the Licensee. 

• No waiver is effective unless expressly in writing. 

• Implied terms are excluded to the fullest extent permissible by law. 

• The relationship between Effica and its clients does not establish a partnership, joint venture, or agency.