Version 1.0 - Effective 15 July 2026

By accessing or using our Offering, you agree to these Terms & Conditions.
“We”, “us”, “our” and “mySMB.com” mean mySMB.com Pty Ltd ABN 42 679 542 208.

“You” means any Subscriber, Product Purchaser, Professional Services Client, Account Holder, or anyone accessing our Offering.

1. Definitions

In these Terms & Conditions:

• Access Environment means a mobile application, Portal, white-label environment or related functionality.

• Account Holder means someone authorised by a Subscriber, Product Purchaser, Professional Services Client, partner, or other approved entity to access or use the Offering.

• AI Outputs means the outputs generated by AI Tools.

• AI Tools means any artificial intelligence made available through our Offering, including tools, automations, assistants, or agent-based functionality.

• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time.

• Community means our online digital community environments.

• Community Guidelines means our guidelines governing use of our Community environments, which we may update from time to time, and which can be found at Community Guidelines | myConnect.

• Content means all materials we create and make available through the Offering, including templates, solution packs, training materials, and resources. Content does not include user-generated content within the Community.

• Customer Data means any data made available by you through your use of the Offering.

• Managed Servicesmeans ongoing operational, administrative, technical, platform, workflow, support, monitoring or other managed services provided by us under a separate agreement, schedule, statement of work or order.

• Marketplacemeans the area where you can access or buy our Offering.

• Offering means any offering made available by us, including the Platform, Products, Services, Content, AI Tools, Marketplace, Access Environments and integrations, as may be updated or modified by us from time to time.

• Platform means the digital environment through which the Offering is accessed.

• Portal means any client portal, employee portal, partner portal, member portal, white-label environment or other portal-based functionality made available by us.

• Product means any digital or standalone product we make available from time to time, in all cases whether provided by us or third parties.

• Product Purchaser means a person that purchases a Product or is granted a licence for the Product.

• Professional Services means advisory, consulting, implementation or custom development services provided under a separate agreement.

• Professional Services Client means the business or individual that engages us to provide Professional Services under a separate agreement.

• Services means services we make available from time to time, including Subscription services, support services (where provided as a service), Managed Services and Professional Services, whether provided by us or third parties.

• Subscriber means the business or individual that enters into a Subscription with us.

• Subscription means the right granted by us to a Subscriber to access and use the Offering, or the components of the Offering included in their selected plan, for an agreed term, whether on a paid, trial, promotional, evaluation or other approved basis, subject to the applicable order, plan, fees, inclusions, usage limits, authorised user limits and these Terms & Conditions.

2. Our Offering

2.1 Structure of the Offering

Your access to the Offering may vary depending on your Subscription, configuration, and any additional purchases. Not all components of the Offering are included in all Subscriptions. Offering components may be included as part of your Subscription or purchased individually.

2.2 Support

The Offering may include general support and guidance designed to help you access the Offering. This may include AI-assisted support, help content, community-based support, and limited human support where we deem appropriate.

Unless expressly stated, support does not include tailored advice, implementation, deliverables, or ongoing management, which are provided only where separately agreed as Professional Services, Managed Services or another paid service.

2.3 Operational Features

The Offering may include reminders, alerts, workflow notifications, task-management tools, AI-assisted suggestions and other operational support. These features are provided as aids only and should not be relied on as your only system for critical deadlines, decisions or business records.

2.4 Additional Terms

Certain parts of the Offering may be subject to additional terms, including:

• Subscriptions: the terms and inclusions of your Subscription as selected when placing an order and the additional terms set out in clause 2.5 below;

• Products: any additional applicable Product licence terms made available to you at the time of order;

• Marketplace offerings: any additional applicable terms which may include third-party terms;

• Professional Services: any applicable separate Professional Services agreement, schedule or statement of work that we enter into with you;

• Managed Services: any applicable Managed Services agreement, schedule, statement of work, service description or order that we enter into with you;

• Platform-specific terms: any additional applicable terms made available to you at the time of access to the Platform;

• Community: Community Guidelines;

• Learning: training, webinars, workshops and other educational offerings, whether delivered by us or third parties, may be subject to additional terms.

• Access Environments: may be subject to app store terms, platform-specific terms, white-label terms, customer-specific terms or other terms made available at the time of access.

We may introduce additional Offerings from time to time, which may be subject to additional or updated terms.

2.5 Subscription Terms

Additional terms that apply to Subscriptions are:

• Subscriptions renew automatically unless you cancel before the end of the term;

• only authorised Account Holders may access the Subscription;

• Subscription fees are payable in advance on a monthly or annual basis, or as otherwise specified at the time of purchase or in your Subscription details;

• we may change Subscription fees on renewal by giving you at least 30 days’ prior written notice. The notice will state the new fee, the date it takes effect, the renewal term and how to cancel or change your Subscription;

• fees may be increased during the term where you request a change to your Subscription, usage, business profile, or access requirements;

• you can cancel your Subscription at any time, subject to your Subscription terms, with cancellation taking effect at the end of your current term. Your access will continue until that time;

• we may offer free trials, evaluation access, beta access or promotional access to some parts of the Offering from time to time;

• trial or promotional access may be subject to additional conditions, limitations, usage restrictions or feature limitations;

• unless otherwise stated, trial access may be suspended or terminated by us at any time;

• at the end of a trial period, your access may be suspended, restricted or converted to a paid Subscription;

2.6 Referral fees

We may pay or receive referral fees or commissions to third parties. Where we pay or receive referral fees or commissions, this will be disclosed to you at the point of sale or introduction.‍ ‍

3. Fees

Unless otherwise stated or as may be required by Australian Consumer Law or other applicable law, fees for all Offerings:

• are payable in Australian dollars;

• are exclusive of GST;

• are payable as specified at the time of purchase;

• are payable in full without any set-off or deduction;

• do not include usage or consumption-based charges, which may apply and are payable in addition;

• are non-refundable.

We may invoice you directly, charge your nominated payment method or auto-debit fees on or before the due date.

If payment is not received when due, we may:

• suspend or restrict access to our Offering;

• charge interest on overdue amounts, at the rate of 2% per month or the maximum permitted by applicable law (whichever is greater);

• recover our reasonable costs of collection, including legal fees.

4. Term, Renewal and Termination ‍ ‍

• Membership term is 1 year commencing on the Effective Date, automatically renewing for subsequent 1-year terms unless cancelled by either party with 60 calendar days’ written notice prior to the automatic renewal.

• Either party may terminate the Membership Agreement immediately by written notice if the other party commits a material breach of the Membership Agreement, these Terms and Conditions, or the EULA, and fails to remedy that breach within 30 calendar days of receiving written notice specifying the breach and requiring it to be remedied. mySMB.com may suspend access to the Services during the 30-day remedy period if the breach relates to payment, security, or misuse of the Services.

• If the Membership Agreement is terminated by mySMB.com for reasons other than your breach, or if a component of the Membership Services inclusions is discontinued, and you have prepaid Membership Fees for Services not yet delivered at the date of termination or discontinuation, we will apply a fair credit or refund for those prepaid but undelivered Services. This refund or credit does not apply to third party services or licences, which are provided under the terms of those providers and may be non-refundable.

• No refund or credit will apply where termination arises due to the Member's material breach of the Membership Agreement, these Terms and Conditions or the EULA.

• Upon expiry of the term, or on termination, the Member must immediately stop using the Services and must delete or uninstall any materials, software or Content forming part of the Services in accordance with mySMB.com’s written instructions. The Member will have 30 days following termination to retrieve any Member Data, after which mySMB.com may delete such data in accordance with its data retention policies.

5. Member Responsibilities

• You must provide accurate business and contact information, and keep it up to date.

• You must notify mySMB.com of the Registered Named Users.

• You must ensure only authorised Registered Named Users access the Services and you must immediately notify mySMB.com of any unauthorised access or security breach.

• You must ensure that each licence is allocated to a Registered Named User, and may not be shared or rotated among multiple users. Licences may only be reassigned in circumstances agreed by mySMB.com in writing. Registered Named User licences may be reassigned following employee turnover or permanent role changes, provided such reassignment is not conducted more than once per 30-day period per licence, and is not used to rotate access between multiple individuals or otherwise circumvent the intent of a per-user licensing model.

• You must comply with, and ensure all Registered Named Users comply with the EULA and all applicable laws.

• You must use the Services only for lawful business purposes.

• You must not resell, sublicense, copy, or misuse the Services in any way.

• You must maintain security of login credentials.

• Members are responsible for any use of the Services under their account, whether by Registered Named Users or unauthorised access due to their failure to protect credentials.

6. Confidentiality & Data Protection

• Both parties must keep each other’s Confidential Information confidential and not disclose it, unless the law requires, or with the prior written consent of the other party.

• “Confidential Information” does not include information that:

  (a) is already public (unless made public because of a breach of the Membership Agreement, these Terms and Conditions or the EULA);

  (b) was already known to the receiving party without breach of any duty of confidence;

  (c) is developed independently by the receiving party without reference to or use of the Confidential Information; or

  (d) is lawfully received from someone else without any breach of any duty of confidence.

• If either party is required by law to disclose Confidential Information, it may do so, but must give the other party notice (where legally allowed).

• mySMB.com will comply with the Privacy Act 1988 (Cth) in handling personal information.

• You acknowledge that information voluntarily shared in mySMB.com Community or Engagement forums is not confidential and may be visible to other members or users. You agree not to share any Confidential Information in mySMB.com Community or Engagement forums.

• User records created within the mySMB.com ecosystem (including but not limited to Training Data, log-in details, enrolments, completions, progress data, and credentials) may be retained by mySMB.com after termination of the Membership Agreement, or after a Registered Named User ceases employment with the Member, for compliance, audit, potential reactivation purposes or for the ongoing access by the user. These records are handled in accordance with the mySMB.com Website & Customer Privacy Policy.

• These Terms and Conditions incorporate by reference our Website & Customer Privacy Policy, which can be found at https://www.mysmb.com/privacy which explains how we collect, use, and protect personal information. By entering into the Membership Agreement, you also agree to the terms of our Website & Customer Privacy Policy, as updated from time to time. Continued use of the Services after any update constitutes acceptance of the revised Website & Customer Privacy Policy. The latest version is always available on our website.

7. Intellectual Property

• mySMB.com retains all intellectual property rights in the Services, Content, Community and Engagement.

• Member retains ownership of its Member Data. By providing Member Data, you grant mySMB.com a worldwide, non-exclusive, royalty-free, perpetual licence to:

  • collect, host, store, copy, process, transmit, display, distribute, adapt and use Member Data as reasonably necessary to provide and improve the Services and for other legitimate business purposes;

  • generate, analyse and use anonymised and aggregated data derived from Member Data for our business, research, analytics, training and development (including training and improving AI models); and

  • comply with law, regulation and enforcement obligations.

• Output Data remains your property; however, you agree we may retain and use copies in anonymised and aggregated form for the purposes above.

• Where a Registered Named User accesses training as part of the Services, the Member is granted a right to view, use and rely on the Registered Named User’s Training Data for internal business, HR, compliance and audit purposes, but does not acquire ownership of those records. Training Data constitutes the personal information of the Registered Named User who retains ownership of such Training Data.

8. Feedback & Improvements

• You may provide suggestions, comments, or other feedback about our Services (“Feedback’). You agree that mySMB.com may freely use, modify, and incorporate Feedback without restriction or obligation.

9. Warranties & Disclaimers

• We exclude all warranties except those required by law.

• We do not guarantee that Services will be error-free, uninterrupted, or fit for your particular purpose.

• Some Services may include Content, materials (including templates and other resources), or AI-generated outputs. They are not legal, financial, employment, or other professional or technical advice. These are provided for general information only and may contain errors, omissions or inconsistencies. They may not be accurate, complete or appropriate for your specific circumstances.

• AI-generated outputs depend on the prompts or inputs you provide. Different prompts may produce different results. mySMB.com does not guarantee the accuracy, completeness, or suitability of any AI outputs.

• You must review and verify all Content, materials (including templates and other resources), and AI-generated outputs before use, and obtain independent professional advice where appropriate. mySMB.com accepts no responsibility or liability for any loss or damage arising from your use of, or reliance on, any such Content, materials or outputs, to the maximum extent permitted by law.

• Our Services may rely on or integrate with third party tools and platforms (including but not limited to Microsoft 365, Copilot, and others). We do not control these third party tools or platforms and are not responsible for:

  • their availability or performance,

  • any changes to features or pricing, or

  • any errors, outages, or issues within their systems.

• Any changes, alterations, integrations, or customisations you make to our templates, Content, configurations, AI agents, or other materials are done at your own risk. mySMB.com makes no warranty regarding modified or customised materials and is not responsible for any resulting issues.

• Nothing in these Terms and Conditions limits or excludes any rights or remedies that cannot be excluded or limited under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded by agreement.

10. Liability & Indemnity

• To the maximum extent permitted by law, our total liability under the Membership Agreement and these Terms and Conditions (however arising, including contract, tort or statute) is limited to the fees paid or payable to us in the 12 months before the event giving rise to the claim.

• We are not liable for indirect or consequential loss, including lost profit, data, goodwill, opportunity or business interruption.

• You agree to indemnify and hold harmless mySMB.com, its affiliates, officers, directors, employees, and agents against any claim, loss, damage, cost, or liability (including reasonable legal fees) arising from:

(a) your breach of the Membership Agreement, these Terms and Conditions or the EULA;

(b) misuse or unlawful use of the Services; or

(c) violation of any third party rights.

11. General

• The Member’s execution of the Membership Agreement electronically or by digital signature constitutes acceptance of these Terms and Conditions.

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

• Parties submit to the exclusive jurisdiction of NSW courts and courts of appeal from them.

• These Terms and Conditions incorporate by reference the EULA and the Website & Customer Privacy Policy.

• If any provision of these Terms and Conditions is found to be not binding for any reason, the remainder of these Terms and Conditions will continue to be binding on the parties.

• No failure to exercise, partial exercise or delay by a party in exercising any right, power or remedy under these Terms and Conditions operates as a waiver. A waiver is not binding unless made in writing.

• Neither party is liable under these Terms and Conditions or deemed to be in default for any delay or failure in performance resulting from a force majeure event.

• These Terms and Conditions are incorporated by reference into the Membership Agreement. Together, they form the entire agreement between the parties in relation to the mySMB.com Services and supersede any previous agreements on this subject matter between the parties, but do not override any separate written agreements between the parties for Add-On Services.

• Any changes to these Terms and Conditions will be notified with 30 days notice to the Member. By continuing to use or access the Services, you agree to be bound by the updated Terms and Conditions.

• Notices under these Terms and Conditions must be in writing and sent by email to legal@mysmb.com (or another email address we notify you of). We will send notices to you at the email address specified in the Membership Agreement (or another email address you notify us of). A notice is taken to be received on the day it is sent if this is a Business Day, or on the next Business Day, unless the sender receives an error message.

12 December 2025