Terms & conditions

1. This agreement

Systemly is operated by Lucas William Brown, trading as Systemly (ABN 41 165 831 752), of Perth, Western Australia (“Systemly”, “we”, “us”).

By creating an account or using the hosted Systemly service, you agree to these terms. If you are agreeing on behalf of a business, you confirm you have authority to bind it, and “you” means that business.

These terms include the acceptable use policy, the refund and cancellation policy and, where you store personal information in the service, the data processing agreement. The privacy policy explains how we handle personal information.

If you do not agree to these terms, do not use the service.

2. What we provide

Systemly is a hosted software service: a customer relationship management and marketing platform that you access over the internet. We operate and maintain it; you do not receive a copy of the software, and no licence to the software itself is granted to you beyond the right to use the service under these terms.

Systemly is currently in early access. That means the product is actively changing, some capabilities are still being built, and anything unfinished is marked as such inside the application rather than implied to work.

3. Your account

• You must provide accurate information and keep it current.
• You are responsible for everything done under your account, including by your team.
• You must keep credentials secure and tell us promptly of any unauthorised access.
• You must be at least 13 years old. If you are under 18, or under the age of majority where you live, you may only use the service with the permission of a parent or guardian, who agrees to these terms on your behalf and is responsible for your use of it.
• Where the law of your country sets a higher minimum age for consenting to the handling of your personal information — up to 16 in parts of the European Union — you must meet that age or have a parent or guardian’s consent.
• When you create an account you confirm that you meet these requirements. We may close an account that does not.

You control who you invite and what each person can do. If you grant someone access, we treat their actions as yours.

4. Your data stays yours

You own everything you put into Systemly. We claim no rights over it beyond the limited licence needed to host, process, back up and display it so the service works, and to do what you instruct — sending an email you compose, publishing a post you schedule.

You can export your data at any time: contacts by CSV and your account data as a download on every plan, and everything else through the REST API and webhooks on plans that include them. We will not hold your data hostage, and we will not use it to train machine-learning models. See the privacy policy for the detail.

You are responsible for having the right to store the information you put into the platform, for obtaining any consents required to contact the people in it, and for complying with the laws that apply to your marketing — including the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) in Australia, and their equivalents elsewhere.

For the personal information you store, you are the controller and we are your processor. The data processing agreement sets out how we handle it on your behalf and forms part of these terms.

5. Acceptable use

The acceptable use policy sets this out in full. In short, you must not use Systemly to:

• send unsolicited bulk messages, or contact people who have opted out;
• store or distribute unlawful, deceptive, infringing or malicious content;
• impersonate anyone, or misrepresent who a message is from;
• attempt to reach another customer’s workspace or data;
• probe, scan or test the security of the service without our written permission;
• interfere with the service or place an unreasonable load on it; or
• resell the hosted service without an agreement with us.

The platform publishes to social networks through their official APIs only. You must comply with the terms of any account you connect, and we may suspend a connection if a platform requires it.

We may suspend or terminate an account that breaches this section. Where the breach is serious or unlawful, we may do so without notice.

6. Third-party services

Systemly connects to services such as Stripe, Twilio, Resend, Meta, TikTok, LinkedIn, X, Pinterest, Google, Microsoft, Zoom and AI providers. Where you connect your own accounts, your relationship is with those providers and their terms and charges apply directly to you.

Where we provision a provider account on your behalf, you authorise us to do so and to pass through what the provider charges. We are not responsible for a third party’s availability, pricing, policy changes, or decision to suspend your access to them.

7. AI features

AI output is generated by third-party models and can be wrong, outdated or unsuitable. You are responsible for reviewing anything the assistant produces before you rely on it, send it to a customer, or publish it.

The assistant will not publish to the public or delete records on its own initiative, and you can restrict what it may change. Those controls are yours to configure, and using them is your responsibility.

8. Fees and billing

Fees are as agreed with you or as shown at checkout. Subscriptions are billed in advance on the cycle shown, in Australian dollars unless stated otherwise. Charges from third-party providers you connect — message, email and payment-processing fees — are billed to you by those providers directly and are not part of what you pay us.

We are not currently registered for GST, so no GST is included in or added to our fees. If we register, we will tell you at least 30 days before GST is applied.

• Subscriptions renew automatically until cancelled.
• You may cancel at any time; access continues to the end of the paid period.
• Refunds are handled under the refund and cancellation policy. Fees already paid are otherwise non-refundable, except where the law requires.
• We will give at least 30 days’ notice by email before a price change takes effect.
• Usage-based charges passed through from providers are billed as incurred.

Nothing in this section limits your rights under the Australian Consumer Law.

9. Availability and changes

We work to keep the service available, but we do not promise it will be uninterrupted or error-free unless we have separately agreed a service level with you in writing. We may perform maintenance, and will give notice of planned downtime where practical.

We may add, change or remove features. If we remove something you materially depend on, we will give reasonable notice and you may cancel and receive a pro-rata refund of fees paid for the unused period.

10. Intellectual property

Systemly, its name, logo, interface and underlying software are ours and remain ours. These terms grant you a non-exclusive, non-transferable right to use the service for your own business while your account is active, and nothing more. You may not copy, decompile or attempt to derive the source of the service, or resell access to it without our written agreement. Feedback you send us may be used freely and without obligation.

If you believe something hosted on Systemly infringes your copyright, follow the copyright and takedown policy.

11. Warranties and liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those rights.

Subject to that, the service is provided “as is”, and to the extent permitted by law we exclude all other warranties, express or implied. Where we are able to limit our liability, our total liability arising out of or in connection with these terms is limited, at our option, to resupplying the service or to the amount you paid us in the twelve months before the claim arose.

To the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.

12. Indemnity

You indemnify us against claims, losses and reasonable costs arising from your data, your use of the service in breach of these terms, or your breach of a law applicable to your marketing or your handling of personal information.

13. Termination

You may close your account at any time. We may terminate for material breach that is not remedied within 14 days of notice, or immediately where the breach is unlawful or endangers the service or other customers.

When you ask to close your account, it is kept for 30 days in case you change your mind, and you can still export your data during that time. After that it is deleted in line with the privacy policy. If we terminate your account, we will give you the same 30 days to export your data, unless the law prevents it.

14. General

• These terms are governed by the laws of Western Australia, and the courts of Western Australia have non-exclusive jurisdiction.
• If a provision is unenforceable, it is severed and the rest continues to apply.
• You may not assign this agreement without our consent. We may assign it as part of a sale or reorganisation of our business.
• A failure to enforce a right is not a waiver of it.
• We may update these terms. For material changes we will give at least 30 days’ notice by email or in the application, and continued use after that is acceptance.

15. Contact

Questions about these terms: legal@systemly.com.au

Our registered business details are on the legal page.