Terms of Service

These Terms of Service (“terms”) are an agreement between you and Company name TBC: Registered company name to be confirmed (ABN TBC: ABN to be confirmed), trading as Wattle Cloud (“Wattle Cloud”, “we”, “us” or “our”).

They apply when you visit the Wattle Board website, open an account or use Wattle Board, including its boards, workspaces, live updates, notifications, emails and support (together, “Wattle Board” or the “service”). By opening an account or using the service, you agree to them.

Our Acceptable Use Policy and Refund and Cancellation Policy form part of these terms. Our Privacy Policy and Cookie Policy explain how we handle personal information.

If you use Wattle Board for an organisation, such as your employer, club or business, you confirm that you're allowed to accept these terms for it. In that case, “you” means the organisation.

Features marked “Coming soon” aren't part of the service until we release them. Some features may be labelled early access or beta. They may change, have limits or stop, and we'll tell you if extra terms apply to them.

• You must be at least 16 years old to open an account.
• Give us accurate details and keep them up to date, especially your email address. It's where we send sign-in codes, invitations, receipts and notices.
• Every account uses two-factor sign-in. Keep your password, your authenticator app and your recovery codes safe, and don't share your account. If you think someone has got into your account, use “Sign out everywhere”, change your password and tell us at [email protected].
• Don't open extra accounts to get around a suspension or your plan's limits.

We may decline to open an account, for example to prevent fraud or abuse, or where the law doesn't allow us to provide the service.

Your boards live in workspaces. The person who creates a workspace is its Owner. Owners and Admins can invite people, approve access requests, choose each person's role and remove people.

Whoever controls a workspace is responsible for who they let in, and for what the people they invite do there. Give people only the access they need. A Viewer can read a board, an Editor can change it, and an Admin can also manage who has access.

If you use Wattle Board for an organisation, the organisation controls the workspaces it pays for or that its people create for its work. We may follow the instructions of a workspace's Owner about that workspace, including about access, content and closing it.

If you request access to a board, the note you write and your name and email address are shown to that board's Admins.

Our plans and their prices are on our pricing page. Prices are in Australian dollars. The Free plan costs nothing. Team and Business are charged per member of the workspace.

Renewal

Paid plans are billed monthly or yearly, depending on what you choose. A plan renews automatically at the end of each billing period until you cancel it, and we charge its price at the start of each period.

If you add members or move to a bigger plan part way through a period, we charge a prorated amount for the rest of that period. Removing members or moving to a smaller plan takes effect from the next billing period.

Paying

You authorise us, and the payment provider we use, to charge your payment method for amounts you owe under these terms. We send a receipt for each payment. Where GST or a similar tax applies, your invoice shows it. Your bank may charge its own fees, for example for paying in a foreign currency.

If a payment fails, we'll email you and try again. If an amount is still unpaid 14 days after our first email, we may move the workspace to the Free plan until it's paid. If it's still unpaid 30 days after that, we may close the paid workspace as described in Cancelling and closing your account. We'll email you before we delete anything.

If you think we've charged you wrongly, tell us at [email protected] and we'll look into it. Please talk to us before you ask your bank to reverse a payment.

Price changes

We may change our prices. We'll email the workspace's billing contact at least 30 days before a new price applies, and you can cancel before then. A price change never applies to a billing period you've already paid for.

If you cancel

You can cancel a paid plan at any time. It stays active until the end of the billing period you've paid for, and then the workspace moves to the Free plan. Nothing is deleted because you changed plans. Our Refund and Cancellation Policy explains when you can get money back.

You can close your account at any time from your account settings, or by emailing [email protected] from your account's email address. For 30 days afterwards you can reopen it by signing in, unless you chose to delete everything straight away when you closed it.

If we suspend or close your account

We may suspend your access or close your account or a workspace if:

• you seriously or repeatedly break these terms or the Acceptable Use Policy
• you don't pay, as described in Plans and payment
• we need to, to follow the law, a court order or a direction from a regulator
• it's needed to protect the service, other people who use it or the public, for example from an attack, malware or illegal content

Where we can, we'll tell you first, explain why and give you a reasonable chance to fix the problem. We act straight away when there's a risk of serious harm or the law requires it. If we suspend something by mistake, we'll restore it as soon as we can.

If we stop offering Wattle Board

If we stop offering Wattle Board or a paid feature you rely on, we'll give you at least 60 days' notice, help you get your data out, and refund anything you've paid for the time after it stops.

Your data after closing

After you close your account, or delete a workspace or board, we keep its data for 30 days. In that time you can bring it back yourself (sign in to reopen your account; owners and admins restore workspaces and boards from Recently deleted on the boards page) or ask us for a copy. Then we delete it, unless you ask us to delete it sooner (for example by choosing to delete everything when you close your account) or the law requires us to keep it. Copies in backups are deleted as those backups expire. We keep some records for longer where the law requires, as our Privacy Policy explains.

Parts of these terms that by their nature should continue after your account closes, such as paying amounts owed, liability and disputes, continue to apply.

You own what you put into Wattle Board, such as boards, lists, cards, descriptions, checklists, comments and attachments (“your content”). These terms don't give us ownership of any of it.

You give us permission to store, copy, process, back up, display and send your content, only as needed to provide the service to you and the people you share it with, keep it secure and follow the law. This permission ends when your content is deleted from our systems.

We don't look at your content except where we need to in order to provide the service, where you ask us to (for example in a support request), to investigate abuse or a breach of these terms, or where the law requires it.

You're responsible for your content: that you have the right to use it, that it's lawful and follows the Acceptable Use Policy, and that you handle any personal information in it lawfully.

We look after your data carefully. Even so, keep your own copies of anything you can't afford to lose.

We provide the service with due care and skill.

We work to keep Wattle Board running, but we can't promise it will always be available or free of errors. We don't offer a service level agreement (SLA). If we introduce one, it will set out exactly what we commit to.

We sometimes need to carry out maintenance. We aim to avoid downtime and give notice of planned work that's likely to interrupt you.

We keep improving Wattle Board and may change how it works. We won't make a change that significantly reduces what you've paid for during a billing period. If a change significantly affects you, we'll give you notice as described in Changes to these terms.

Support is by email at [email protected], answered by a person. Team and Business workspaces get priority support. Unless your plan says otherwise, we don't promise a set response time.

We protect the service with technical and organisational measures that suit the risk. Our Security page describes them.

Security is shared. We look after the service. You look after your sign-in details, your devices, and who you let into your workspaces and boards.

If we become aware of a security incident that affects your account or your content, we'll tell you without undue delay and share what you need to meet your own obligations.

Found a security problem? Email [email protected]. Our Acceptable Use Policy explains how to test responsibly.

Your content may include personal information, such as names, contact details or notes about your customers or staff. You decide why and how that information is processed, and we process it on your behalf. Under the UK GDPR and the EU GDPR, you're the controller and we're your processor. This section is our data processing agreement with you, and it applies on top of the rest of these terms.

When we process personal information in your content, we will:

• process it only to provide the service and on your documented instructions, which are these terms and the way you use and set up the service. If the law requires us to do something else, we'll tell you first, unless the law forbids that
• make sure everyone who can access it is bound to keep it confidential
• protect it with appropriate technical and organisational measures
• use other companies (sub-processors) only under written terms that protect it at least as well as this section. We'll give you a list of our current sub-processors on request, and tell you before we add or replace one so you can object
• help you, as far as we reasonably can, to respond to people exercising their privacy rights, and to meet your obligations on security and breach notification
• tell you without undue delay after we become aware of a personal data breach affecting it
• delete it after your account or workspace closes, once the period in Cancelling and closing your account ends, unless the law requires us to keep it
• give you the information you reasonably need to show that we meet these commitments

If processing your content involves a transfer of personal information that the UK GDPR or EU GDPR restricts, we'll use a safeguard the law recognises, such as the UK International Data Transfer Addendum or the EU standard contractual clauses.

You're responsible for having a lawful basis to process the personal information in your content, and for giving people any notices the law requires.

We own Wattle Board, including its software, design, website and brand. These terms give you the right to use the service as they allow, and nothing more.

If you send us feedback or ideas, we can use them without owing you anything.

Nothing in these terms excludes, restricts or changes a right or remedy you have under a law that can't be excluded, including the Australian Consumer Law.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

If you live outside Australia, you also keep any rights the consumer laws of your country give you that can't be excluded.

This section limits our liability. It doesn't limit anything the law doesn't allow us to limit, such as liability for death or personal injury caused by negligence, for fraud, or under the consumer guarantees in the Australian Consumer Law except as allowed below.

If you're a consumer

If you use Wattle Board for personal, domestic or household purposes, we're responsible for loss or damage you suffer that's a foreseeable result of our breaking these terms or failing to use due care and skill. We're not responsible for loss that isn't foreseeable, or for business losses.

If you use Wattle Board for business

• If the service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, where the law allows, to supplying the service again or paying the cost of having it supplied again.
• We're not liable for indirect or consequential loss, or for lost profits, revenue, business opportunities or goodwill.
• Our total liability to you for all claims in any 12-month period is limited to the amounts you paid us for the service in the 12 months before the event that gave rise to the claim, or A$100 if that's more.

Events outside anyone's control

Neither of us is responsible for a delay or failure caused by events outside our reasonable control, such as natural disasters, widespread internet or power outages, or actions of governments, as long as we take reasonable steps to limit the effect. This doesn't affect your rights under consumer law.

We may update these terms, for example when we add features or the law changes.

If a change could disadvantage you, we'll email you at least 30 days before it takes effect. If you don't agree with it, you can close your account before then, and we'll refund anything you've prepaid for the time after the change.

Other changes take effect when we publish them, such as clarifications, changes that benefit you, and changes needed to deal with new kinds of abuse or security threats.

The date at the top of this page shows when these terms last changed. Earlier versions are available on request.

If something isn't right, email [email protected] and tell us what happened. A person will look into it and reply.

If we can't sort it out together, you can contact a consumer protection agency, such as the fair trading office in your state or territory or the ACCC (opens in a new tab).

These terms are governed by the law of Queensland, Australia, and the courts of Queensland and courts that can hear appeals from them can hear disputes about them. If you're a consumer who lives in another country, you also keep the protection of the mandatory laws of the country where you live.

• These terms, with the policies they refer to, are the whole agreement between you and us about Wattle Board.
• If a court decides part of these terms can't be enforced, the rest still applies.
• If we don't enforce a right straight away, we can still enforce it later.
• You can't transfer your account or these terms to someone else without our written agreement. We may transfer them to a business that takes over Wattle Board, and we'll tell you if we do. A transfer won't reduce your rights.
• We send notices to the email address on your account. You can send notices to us at [email protected].
• You can't use Wattle Board if you're the subject of sanctions under Australian or other applicable law, or in a way that breaks sanctions or export laws.

Questions about these terms? Email [email protected].

Business

Company name TBC: Registered company name to be confirmed, trading as Wattle Cloud

ABN

TBC: ABN to be confirmed

Address

TBC: Registered address to be confirmed

Email

[email protected]