Terms and Conditions of Use
Effective Date: 25/04/2025
These Terms and Conditions (“Terms”) govern your access to and use of the OptiSpace CRM software platform (“the Platform”) provided by Optimyze Consulting Pty Ltd – ACN 687 600 960 and ABN 90 571 533 448 (“we”, “us”, “our”). By creating an account, subscribing, or using the Platform, you agree to be bound by these Terms, which form a legally binding agreement between you and us. If you do not agree, you must not use the Platform.
1. Services Provided
1.1 We provide access to the OptiSpace CRM software as a service (SaaS), including related features, functionality, and updates as made available by us from time to time.
1.2 We may offer support, integration, onboarding, or training services, which may be governed by separate terms or service levels.
2. Trial Period and Subscription
2.1 We offer a 7-day free trial from the date of first access or registration. If you cancel within this period, you will not be charged. No refund is available after this trial period.
2.2 Upon expiry of the trial, a monthly subscription fee will apply unless you cancel. If you have already paid for a subscription period, you are not entitled to a refund for that period; however, future billing will be cancelled upon notice.
3. User Obligations
3.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms.
3.2 You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorised use of your account.
3.3 You must not:
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use the Platform to transmit unlawful, defamatory, or offensive content;
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attempt to copy, modify, reverse engineer, or disrupt the Platform;
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allow unauthorised third parties to access your account.
4. Access and Availability
4.1 We will use reasonable efforts to ensure the Platform is available, but we do not guarantee uninterrupted or error-free access.
4.2 Access may be suspended temporarily for maintenance or upgrades.
5. Data and Privacy
5.1 You retain all rights to data inputted by you or your customers (“Customer Data”). You grant us a licence to use, host, and process such data to provide the services.
5.2 We will handle personal information in accordance with our [Privacy Policy] and comply with applicable privacy laws including the Privacy Act 1988 (Cth).
6. Intellectual Property
6.1 We retain ownership of all intellectual property rights in the Platform and related materials, except for Customer Data.
6.2 You must not use our name, logo, or branding without prior written permission.
7. Confidentiality
7.1 Each party must keep the other party’s confidential information secure and must not disclose it except as required by law or with consent.
8. Warranties and Disclaimers
8.1 To the extent permitted by law, the Platform is provided “as is” without any warranties as to fitness for purpose, availability, or performance.
8.2 Nothing in these Terms excludes consumer guarantees under the Australian Consumer Law. If your use of the Platform constitutes a consumer supply, our liability is limited to resupplying the services or paying the cost of doing so.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, we are not liable for any indirect, consequential, or special loss, or for loss of profits, data, or goodwill.
9.2 Our aggregate liability arising under or in connection with these Terms is capped at the total fees paid by you to us in the three (3) months preceding the relevant claim.
10. Indemnity
You agree to indemnify and hold us harmless from any claim, loss, or damage (including legal costs) arising from:
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your breach of these Terms;
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your misuse of the Platform;
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your infringement of any third-party rights.
11. Termination
11.1 You may cancel your subscription at any time through your account settings. No refunds will be issued for payments already made.
11.2 We may suspend or terminate your access to the Platform if you breach these Terms or we reasonably suspect misuse.
11.3 Upon termination, your access will cease, and we may delete your account data after 30 days.
12. Dispute Resolution
Before commencing any court or tribunal proceedings (except urgent injunctive relief), both parties agree to attempt to resolve disputes in good faith through informal negotiation.
13. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State.
14. General
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These Terms may be updated from time to time. Continued use of the Platform after changes are posted constitutes acceptance.
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If any part of these Terms is found to be invalid, the remaining terms continue in full force.
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These Terms form the entire agreement between us and you regarding the Platform.
Contact Information
Optimyze Consulting Pty Ltd
Level 9 12 Epping Road, Macquarie Park NSW 2113
hello@optimyzeconsulting.com.au
phone: +61 2 88757945