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 — 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.

Nothing in these terms excludes or limits any consumer guarantees you have under the Australian Consumer Law where the Service is acquired as a consumer and the limitation would be void under that law.

9. Indemnity

You indemnify us against any claim, loss or expense we suffer arising from (a) your breach of these terms, (b) your misuse of the Service, (c) inaccurate information you provide, or (d) any failure of yours to meet your AML/CTF or other regulatory obligations.

10. Termination

You may terminate at any time by cancelling your subscription. We may terminate with 30 days notice, or immediately if you materially breach these terms or use the Service to facilitate unlawful activity. On termination you may export your data for 30 days; after that, account data is deleted (subject to our 7-year retention of AML/CTF records).

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. 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.

13. Contact

Caltury · ABN 49 452 393 782 · email hello@caltury.com.au · privacy matters privacy@caltury.com.au.