Effective Date: 1st April 2025

Welcome to Support Fusion! These Terms of Service ("Terms") govern your access to and use of the services provided by Support Fusion Pty Ltd (ACN 685 654 326) ("Support Fusion", "we", "us", "our").

By using our platform, websites, applications, or related services (the "Services"), you agree to be bound by these Terms.
If you do not agree, you must not use the Services.

If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

1. Definitions

In these Terms:

• "Customer" or "you" means the person or entity using the Services.

• "Data" means any information, content, or materials submitted to the Services by you or on your behalf.

• "Services" means the Support Fusion software-as-a-service platform, including integrations, applications, websites, and support services.

2. Using the services

You must only use the Services:

• In accordance with these Terms and applicable laws;

• For your internal business purposes.

You are responsible for:

• Ensuring authorised users maintain confidentiality of login credentials;

• Ensuring that any Data you submit is accurate, lawful, and does not infringe third-party rights.

We may update or improve the Services at any time. This may include adding or removing features.

3. Data ownership and usage

You retain ownership of any Data you submit to the Services.

By submitting Data, you grant Support Fusion a non-exclusive, worldwide, royalty-free licence to:

• Use, host, store, process, and transmit your Data to operate, maintain, and improve the Services;

• Aggregate or de-identify Data to create insights, benchmarks, and analytics;

• Develop new features, products, and services using aggregated or de-identified information.

We will not sell your identifiable Data to third parties.
Our handling of personal information is governed by our Privacy Policy.

4. System dependencies and limitations

The Services rely on integrations with third-party platforms and systems that Support Fusion does not control.

You acknowledge and agree that:

• Service performance, availability, and functionality may be impacted by limitations or changes in third-party systems;

• Support Fusion is not responsible for disruptions or failures arising from external systems;

• We may modify or discontinue integrations where required by third-party terms, technical limitations, or operational needs.

We will use reasonable efforts to ensure service continuity and minimise disruptions.

5. Acceptable use

You must not:

• Use the Services for any unlawful or fraudulent activity;

• Attempt to gain unauthorised access to any system or data;

• Interfere with the security, stability, or availability of the Services;

• Introduce viruses, malware, or other harmful code.

We reserve the right to suspend or terminate your access if you breach this section.

6. Fees and payment

Access to the Services may require payment of subscription fees or other charges.

Unless otherwise agreed in writing:

• Fees are payable in advance and non-refundable (except as required by law);

• All fees are exclusive of GST or other applicable taxes;

• You must ensure timely and valid payment methods.

We reserve the right to suspend or terminate Services for non-payment.

7. Warranties and disclaimers

To the maximum extent permitted by law:

• The Services are provided "as is" and "as available";

• We make no express or implied warranties, including merchantability, fitness for purpose, or non-infringement;

• We do not warrant that the Services will be uninterrupted, error-free, or compatible with all third-party systems.

Where a consumer guarantee applies under the Australian Consumer Law and cannot be excluded, our liability is limited (where permitted) to supplying the Services again or paying the cost of having them supplied again.

8. Limitation of liability

To the maximum extent permitted by law:

• Support Fusion is not liable for any indirect, consequential, incidental, special, or punitive damages;

• Our total liability arising out of or related to these Terms or the Services is limited to the amount paid by you for the Services in the 12 months preceding the claim.

Nothing in these Terms excludes liability for death, personal injury, fraud, or any liability that cannot be excluded by law.

9. Termination

Either party may terminate these Terms:

• For convenience, by providing 30 days’ written notice; or

• Immediately, if the other party materially breaches the Terms and fails to remedy the breach within 14 days.

Upon termination:

• Your access to the Services will cease;

• We may retain de-identified or aggregated data derived from your use of the Services.

10. Changes to terms

We may update these Terms from time to time.

If we make material changes, we will provide notice by email or through the Services.
If you do not agree to the updated Terms, you may terminate your subscription.

Continued use of the Services after the effective date of updated Terms constitutes your acceptance.

11. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia for any dispute arising out of these Terms or the Services.