Terms of Service

1. About cashflowIQ and Our Services

1.1 Service Provider

cashflowIQ is an Australian business providing financial forecasting, analysis, and planning tools through our digital platform. Our Services are designed to help users understand potential financial scenarios and make informed decisions.

1.2 Nature of Services

Our Services include:

• Financial forecasting and projection tools
• Cash flow analysis and modeling
• Financial planning resources and educational content
• Data visualisation and reporting features
• User account management and support services

1.3 Regulatory Compliance

We operate in compliance with Australian laws including the Privacy Act 1988 (Cth), Australian Consumer Law (ACL), and relevant ASIC guidance where applicable.

2. Important Financial Disclaimers

2.1 Limitations of Financial Forecasts

In accordance with ASIC Regulatory Guide 170 (Prospective Financial Information), we disclose that:

2.2.1 Inherent Uncertainty

All financial forecasts and projections involve significant uncertainty and are based on assumptions that may not prove accurate. Actual results may differ materially from projected outcomes due to:

• Economic conditions and market volatility
• Changes in government policy and regulation
• Personal circumstances and unexpected events
• Inflation, interest rate fluctuations, and currency movements
• Natural disasters, pandemics, and other unforeseen circumstances

2.2.2 Assumptions and Methodology

Our forecasting tools rely on:

• Historical data and trends that may not continue
• Economic assumptions and statistical models
• User-provided information that may be incomplete or inaccurate
• Third-party data sources beyond our control
• Algorithmic calculations that involve estimation and approximation

2.2.3 No Guarantee of Accuracy

We make no representations or warranties regarding:

• The accuracy, completeness, or reliability of forecasts
• The suitability of projections for your specific circumstances
• The likelihood of achieving projected outcomes
• The performance of any investment or financial strategy

2.3 Professional Advice Recommendation

Before making any financial decisions, you should:

• Consult with qualified financial advisers, accountants, or legal professionals
• Consider your personal financial situation, objectives, and risk tolerance
• Conduct independent research and due diligence
• Seek advice specific to your circumstances and goals

3. User Responsibilities and Acceptable Use

3.1 Account Registration

To access certain features, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information when it changes
• Be at least 18 years of age or have parental consent

3.2 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must NOT:

• Provide false, misleading, or fraudulent information
• Use the Services for any illegal or unauthorised purpose
• Attempt to gain unauthorised access to our systems or other users' accounts
• Upload viruses, malware, or other harmful content
• Reverse engineer, copy, or redistribute our software or content
• Use automated tools to access or scrape our Services without permission

3.3 Data Accuracy

You are responsible for:

• Ensuring the accuracy of information you provide
• Understanding that forecast quality depends on input data quality
• Regularly reviewing and updating your financial information
• Verifying results against your own records and analysis

4. Intellectual Property Rights

4.1 Our Intellectual Property

cashflowIQ retains all rights, title, and interest in:

• Our website, software, and technology platform
• Forecasting algorithms, models, and methodologies
• Content, graphics, logos, and design elements
• Trade marks, trade names, and branding

4.2 User Content

You retain ownership of data and information you provide. By using our Services, you grant us a limited license to use this information to provide our Services and improve our platform.

4.3 Third-Party Content

Our Services may include content from third parties. We respect intellectual property rights and expect users to do the same.

5. Consumer Guarantees and Warranties

5.1 Australian Consumer Law Compliance

Under the Australian Consumer Law (ACL), you have certain rights that cannot be excluded, including:

• The right to receive services that are provided with due care and skill
• The right to receive services that are fit for purpose
• The right to receive services within a reasonable time

5.2 Service Availability

While we strive to provide uninterrupted service, we do not guarantee:

• Continuous availability of our Services
• Error-free operation of our platform
• Compatibility with all devices or browsers
• Preservation of all user data in perpetuity

5.3 Limitation of Warranties

To the maximum extent permitted by law, we disclaim all warranties except those that cannot be excluded under the ACL. Our Services are provided "as is" without warranty of any kind.

6. Limitation of Liability

6.1 Financial Decisions

You acknowledge that:

• Any financial decisions you make are your sole responsibility
• We are not liable for losses resulting from your reliance on our forecasts or tools
• Investment and financial planning involve inherent risks
• Past performance does not guarantee future results

6.2 General Limitation

To the maximum extent permitted by law, our liability is limited to:

• The amount you paid for our Services in the 12 months prior to the claim
• The resupply of services or payment of the cost of resupply

6.3 Excluded Damages

We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of profits, revenue, or business opportunities
• Loss of data or corruption of information
• Damages arising from third-party conduct or content

6.4 ACL Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies rights or remedies that you may have under the ACL or other applicable consumer protection laws.

7. Privacy and Data Protection

7.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

7.2 Data Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security of data transmitted over the internet.

7.3 Data Retention

We retain your information in accordance with our Privacy Policy and applicable legal requirements.

8. Subscription and Payment Terms

8.1 Subscription Services

Our Services may be offered on a subscription basis with:

• Recurring billing cycles (monthly, quarterly, or annually)
• Automatic renewal unless cancelled
• Different pricing tiers and feature sets

8.2 Payment Processing

• Payments are processed through secure third-party payment processors
• You authorise us to charge your nominated payment method
• All fees are exclusive of applicable taxes unless otherwise stated

8.3 Refunds and Cancellation

• You may cancel your subscription at any time through your account settings
• Refund eligibility is governed by our refund policy and consumer protection laws
• Pro-rata refunds may be available in certain circumstances

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting our customer support team
• Following the cancellation process outlined in our platform

9.2 Termination by Us

We may suspend or terminate your access if you:

• Breach these Terms or our policies
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Pose a security risk to our platform or other users

9.3 Effect of Termination

Upon termination:

• Your access to paid features will cease
• We may delete your account data in accordance with our data retention policy
• Surviving provisions of these Terms will remain in effect

10. Third-Party Services and Links

10.1 Third-Party Integrations

Our Services may integrate with third-party financial institutions, data providers, or applications. We are not responsible for:

• The availability, accuracy, or security of third-party services
• Third-party terms of service or privacy policies
• Losses arising from third-party service failures or breaches

10.2 External Links

Our website may contain links to external websites. These links are provided for convenience only, and we do not endorse or take responsibility for external content.

11. Dispute Resolution

11.1 Internal Resolution

We encourage you to contact us first to resolve any concerns:
Email: support@cashflowiq.com.au

11.2 Governing Law

These Terms are governed by Australian law, and any disputes will be subject to the jurisdiction of Australian courts.

11.3 Alternative Dispute Resolution

For eligible disputes, you may access:

• Industry ombudsman services where applicable
• Alternative dispute resolution services
• Small claims tribunals for qualifying matters

12. General Provisions

12.1 Updates to Terms

We may update these Terms from time to time to reflect:

• Changes in our Services or business practices
• Legal or regulatory developments
• Industry standards and best practices

Material changes will be communicated through:

• Email notifications to registered users
• Prominent notices on our website
• In-app notifications where applicable

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and cashflowIQ regarding our Services.

12.4 Contact Information

For questions about these Terms:
Email: legal@cashflowiq.com.au

13. Regulatory and Compliance Information

13.1 ASIC Guidance Compliance

Our forecasting disclosures align with ASIC Regulatory Guide 170 requirements for prospective financial information, emphasising:

• The speculative nature of forward-looking statements
• The importance of reasonable grounds for projections
• Clear disclosure of assumptions and limitations
• Risk factors that may affect forecast accuracy

13.2 Professional Services Exclusion

cashflowIQ does not:

• Hold an Australian Financial Services Licence (AFSL)
• Provide personal financial product advice as defined in the Corporations Act 2001
• Make recommendations regarding specific financial products or investments
• Act as a financial services provider requiring regulatory licensing

13.3 Educational Purpose

Our Services are designed for:

• General financial education and awareness
• Self-directed financial planning and analysis
• Understanding potential financial scenarios and outcomes
• Supporting informed decision-making processes