Terms of Service
1. Parties and acceptance
These terms govern the agreement between you ("Customer", the practice, individual or entity using Caltury) and Caltury (sole trader, ABN 49 452 393 782, "we", "us").
By signing up or using the Caltury service ("Service"), you accept these terms. If you accept on behalf of a company, partnership or trust, you warrant you have authority to bind that entity.
2. What we provide
Caltury is software that helps Australian reporting entities meet their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The Service includes (without limitation): the AUSTRAC enrolment wizard, the ML/TF risk-assessment generator, the AML/CTF Program builder, customer due-diligence and identity-verification flows, sanctions and PEP screening, SMR drafting, record-keeping for 7 years, and supporting reporting.
We provide the Service on an as-is, as-available basis. We will use reasonable efforts to keep it available 24/7 but do not guarantee any particular uptime.
3. What we are NOT
Caltury is a compliance technology provider. Caltury is not:
- a reporting entity under the AML/CTF Act;
- a legal practice;
- a registered tax or BAS agent;
- an Australian Financial Services Licence holder;
- an AUSTRAC-approved, accredited or endorsed provider.
You are the reporting entity. You hold the AML/CTF obligations. We help you discharge them. The Service is a tool. Its output is a starting point, not legal advice. You are responsible for reviewing every report, document and decision generated through the Service before relying on it.
4. Your responsibilities
- Provide accurate, complete information about your practice and your customers.
- Keep your access credentials confidential. You are responsible for activity under your account.
- Comply with all laws applicable to your business, including the AML/CTF Act, the Privacy Act, and any professional-regulatory rules of your sector (REIA / Law Society / CA ANZ / CPA Australia / NTAA).
- Tell us within 5 business days if your AML/CTF Compliance Officer changes, so we maintain the related role assignments.
- Do not use the Service to facilitate any unlawful activity, or to process records of activities outside the scope of your designated services.
5. Fees and payment
Subscription fees, billing intervals and trial periods are as shown on our pricing page at the time you subscribe. Fees are in Australian dollars and exclusive of GST unless stated otherwise. GST is added at checkout.
Payment is taken by Stripe in advance for each billing period. If a payment fails we will retry per Stripe's default schedule and may suspend the Service if the failure persists more than 14 days.
You may cancel at any time through the customer portal. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial periods.
6. Data, privacy and security
Our handling of personal information is set out in our Privacy Policy, which is incorporated by reference.
You own your data. We hold it on your behalf to provide the Service. We will not sell it, mine it, or share it with third parties except as needed to provide the Service (per the sub-processor list at /sub-processors) or as required by law.
We retain AML/CTF records for 7 years as required by the Act, even if you cancel. After 7 years (or earlier if you direct), we delete them.
7. Intellectual property
Caltury owns the Service, the software, the templates we generate from, and all our trade marks. You receive a non-exclusive, non-transferable licence to use the Service for your business during your subscription.
Generated outputs (your AML/CTF Program, your risk assessment, your SMRs) are yours. You may use, edit, print and lodge them.
8. Liability
To the maximum extent permitted by law:
- we are not liable for loss arising from your reliance on Service outputs without independent review by a competent compliance professional;
- we are not liable for indirect, consequential or special loss, including loss of profits, business, reputation, or AUSTRAC penalties imposed on you;
- our total liability for any claim under or in connection with these terms is capped at the fees paid by you to us in the 12 months preceding the event giving rise to the claim.
The cap and exclusions above do not apply to, and nothing in these terms limits, liability that cannot be limited under law. That includes any liability arising from our own fraud, wilful misconduct or gross negligence, any consumer guarantees you have under the Australian Consumer Law where the Service is acquired as a consumer, and any liability for death or personal injury caused by our negligence.
9. Indemnity
Third-party claims. You indemnify us against any third-party claim brought against us, and any reasonable legal costs we incur defending such a claim, where the claim arises from:
- your breach of these terms;
- your use of the Service in a way these terms do not permit;
- inaccurate, incomplete or misleading information you upload to the Service;
- any failure by you to meet your AML/CTF, Privacy Act or other regulatory obligations as the reporting entity for your customers; or
- any allegation that data you uploaded to the Service infringes a third party's rights or breaches privacy law.
Direct loss to Caltury. You are also liable for direct loss, expense or damage we reasonably incur arising from your unlawful use of the Service or your wilful breach of these terms. The broader categories above do not give us a right of recovery for our own direct losses outside those two narrow grounds.
Carve-outs and process. Nothing in this clause applies to the extent the loss was caused by our own breach of these terms, gross negligence, wilful misconduct or fraud. We will give you prompt notice of any third-party claim, give you reasonable control over its defence and settlement, and cooperate at your reasonable expense. We will not settle any claim in a way that admits fault on your part or imposes a non-monetary obligation on you without your prior written consent.
10. Termination
You may terminate at any time by cancelling your subscription. We may terminate for convenience with 90 days written notice, or immediately if you materially breach these terms or use the Service to facilitate unlawful activity. The longer convenience-notice period reflects the time a reporting entity reasonably needs to migrate AML/CTF workflows to another provider without compliance disruption.
On termination you may export your customer files, audit log, AML/CTF Program, risk assessment and any in-progress reports for 90 days. We provide exports in commonly used machine-readable formats (CSV or JSON for tabular records, PDF for generated documents). Your account remains accessible in read-only mode during the 90-day window, with the export tools for the listed data classes available throughout that period, so you can complete export and migration without losing the records you need. After the 90 days, account data is deleted, subject to our 7-year retention of AML/CTF records under section 6.
11. Changes
We may update these terms. Material changes will be communicated to you by email at least 14 days before they take effect. Continued use of the Service after the effective date means you accept the changes.
12. Notices
Any notice under these terms (including notice of termination, breach or material changes) is validly given if sent by email to the primary account contact on the recipient's account, or, for notices to Caltury, to support@caltury.com.au. A notice is deemed received on the day it is sent if sent between 9am and 5pm in Sydney, New South Wales (allowing for daylight saving), or otherwise on the next business day in Sydney. You are responsible for keeping your account contact details up to date. Caltury is not bound by notices sent to old or unmonitored addresses provided your account contact in the dashboard was current at the time we sent.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
14. Contact
Caltury, ABN 49 452 393 782. Email support@caltury.com.au for general matters and support@caltury.com.au for privacy.