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Terms of Service
DRAFT — FOR LEGAL REVIEW. This document has not been reviewed by a lawyer and does not constitute legal advice. All [PLACEHOLDER] markers must be replaced before publication.
Effective date: [PLACEHOLDER — date] Version: 1.0
These Terms of Service ("Terms") govern your use of the Frankfig secure messaging and document-signing platform ("Service") provided by [PLACEHOLDER — entity name] Pty Ltd (ABN [PLACEHOLDER]) ("Frankfig", "we", "us").
By accepting these Terms (including during the in-app consent flow), you agree to be bound by them. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.
1. The Service
Frankfig is a cloud-based platform for secure professional messaging, document distribution, and digital signing. The Service is provided on a subscription basis.
2. Accounts and access
2.1 You must provide accurate information when registering. You are responsible for maintaining the confidentiality of your credentials.
2.2 You must not share your login credentials or allow any other person to use your account.
2.3 You are responsible for all activity that occurs under your account.
2.4 You must notify us immediately at [PLACEHOLDER — security contact] if you suspect unauthorised access.
3. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Transmit unsolicited commercial communications (spam);
- Upload or transmit malicious code;
- Attempt to gain unauthorised access to any part of the Service or its infrastructure;
- Reverse-engineer, decompile, or disassemble any part of the Service;
- Resell or sublicense access to the Service without our written consent;
- Use the Service in a way that could damage, disable, or impair the Service or interfere with other users.
4. Subscription and payment
4.1 Subscription fees are billed in advance on a monthly or annual basis as selected at signup. Fees are non-refundable except as required by law.
4.2 We may change subscription fees on [PLACEHOLDER — notice period] days' written notice. Continued use after the effective date constitutes acceptance.
4.3 If payment fails, we may suspend your account after [PLACEHOLDER — grace days] days. We will provide notice before suspension.
5. Data and privacy
5.1 We process personal information in accordance with our Privacy Policy.
5.2 You retain ownership of all content you upload or transmit through the Service ("Customer Data"). You grant Frankfig a limited licence to store, process, and transmit Customer Data solely to provide the Service.
5.3 Frankfig is messaging and signing infrastructure — it is not your long-term record-keeper. Responsibility for maintaining your own records for compliance, litigation, or regulatory purposes rests with you (see the Org Admin Addendum for organisation administrators).
6. Confidentiality
Each party agrees to keep the other party's confidential information confidential and not to disclose it to third parties, except as required by law or with the other party's written consent.
7. Intellectual property
All intellectual property in the Service (excluding Customer Data) is owned by or licensed to Frankfig. These Terms do not grant you any rights in Frankfig's intellectual property.
8. Availability and support
8.1 We aim to provide a reliable service but do not guarantee uninterrupted availability. Planned maintenance will be communicated in advance.
8.2 Support is provided via the in-app ticketing system.
9. Limitation of liability
To the extent permitted by law:
9.1 Frankfig's total liability to you in connection with the Service is limited to the fees paid by you in the 12 months preceding the claim.
9.2 Frankfig is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or loss of data.
9.3 Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law, including the consumer guarantees.
10. Termination
10.1 You may close your account at any time via the in-app account closure flow. See the Privacy Policy for the data retention windows that apply after closure.
10.2 We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or if required by law.
10.3 On termination, your right to use the Service ceases immediately.
11. Governing law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
12. Changes to these Terms
We will notify users within the application when a new version of these Terms requires acceptance. If you do not accept the updated Terms, you may close your account.
13. Contact
[PLACEHOLDER — entity name] Pty Ltd [PLACEHOLDER — address] Email: [PLACEHOLDER — legal/support contact]
This document is a DRAFT. It must be reviewed by qualified Australian legal counsel before publication. All [PLACEHOLDER] markers must be resolved.