Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of Customer Relationship OS (CROS), a software product operated by Systems Mastery Pty Ltd ATF Mann Family Trust trading as Systems Mastery (ACN 138 024 441, ABN 62 698 393 859), of Albert Road, Lilydale, Victoria 3140, Australia (“we”, “us”, “our”). By creating an account, signing an order form, or otherwise using the service, you agree to these Terms.

1. Service description

CROS is a customer-relationship and business-operations platform: contacts, deals, purchases, bookings, email templates, automations, funnels, and analytics. We deliver the software installed on infrastructure you control (your own domain and database), plus optional ongoing support.

2. Your account

You are responsible for keeping your account credentials confidential and for all activity on your account. You must be at least 18 years old to create an account. You must provide accurate registration information and keep it current.

You may invite team members to your workspace. You are responsible for their compliance with these Terms.

3. Fees and payment

Fees are described in your order form or on our website. Unless stated otherwise, our standard commercial model is a one-time setup fee plus an optional monthly support retainer.

• Fees are exclusive of taxes; you are responsible for any GST, sales tax, or withholding that applies.
• Setup fees are non-refundable once implementation work has begun.
• Monthly retainers renew automatically and may be cancelled with 30 days’ notice; you retain access through the end of the current billing period.
• Payments are processed by Stripe. By paying, you agree to Stripe’s terms in addition to these.

4. Acceptable use

You agree not to use the service to:

• Send unsolicited bulk email (spam) or otherwise violate anti-spam laws (CAN-SPAM, CASL, Spam Act 2003).
• Store or transmit material that infringes intellectual property, is defamatory, or is otherwise unlawful.
• Attempt to reverse-engineer, disable, or circumvent security controls.
• Resell access to the software as a service without a separate written agreement with us.
• Use the service to compete with us or benchmark it for a competing product.

We may suspend or terminate accounts that violate this section, with reasonable notice where practicable.

5. Your content and data

You retain ownership of all content you upload or generate in the service (“Customer Data”). You grant us a limited licence to host, process, and display your Customer Data only as needed to operate the service on your behalf. You represent that you have the rights needed to upload the Customer Data you provide.

You are responsible for your own compliance with privacy laws (GDPR, Australian Privacy Act, CCPA, etc.) when you collect personal data from your own customers through forms, funnels, or integrations we provide.

6. Intellectual property

The software, its source code, and all associated documentation are owned by us or our licensors. Where we deliver the software installed on your infrastructure, you receive a non-exclusive, non-transferable licence to use it for your own business operations for the duration of your agreement with us.

Feedback you provide about the service is not confidential; we may use it to improve the product without owing you compensation.

7. Third-party services

The service integrates with third-party providers (Stripe, Resend, Cloudflare, Railway, and others we may add). Your use of those services is subject to their own terms. We are not responsible for outages, changes, or defects in third-party services outside our reasonable control.

8. Warranty and disclaimer

Except as expressly stated in a separate written agreement, the service is provided “as is” and we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted or error-free.

Nothing in these Terms excludes rights and remedies that cannot be excluded under applicable consumer-protection law (including the Australian Consumer Law).

9. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to the service is limited to the fees you paid us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or exemplary damages, including lost profits, lost revenue, or lost data.

10. Indemnity

You agree to indemnify and hold us harmless from any third-party claim arising out of your Customer Data, your use of the service in violation of these Terms, or your violation of law.

11. Termination

Either party may terminate the agreement for material breach that remains uncured after 30 days’ written notice. We may terminate immediately for non-payment, threats to the security or integrity of the service, or violations of Section 4 (Acceptable use).

On termination, we will make your Customer Data available for export for 30 days, after which we may delete it. Because the software runs on infrastructure you control, you retain access to your database independently of your relationship with us.

12. Changes to the Terms

We may update these Terms from time to time. Material changes will be notified by email or an in-product notice at least 30 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.

13. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of that state.

14. Contact

Legal notices should be sent to contact@systemsmastery.com.