Terms of Service

1. The Service

FileRequest is a document collection platform that allows professional services firms ("Account Holders") to send secure document request portals to their clients and collect files, forms, and information.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use FileRequest. By creating an account, you represent and warrant that:

• You are 18 years of age or older
• You are using the Service for legitimate professional or business purposes
• All information you provide during registration is accurate and complete
• You will maintain the accuracy of your account information

3. Accounts

3.1 Account Creation

To use FileRequest you must create an account by completing the checkout and onboarding process. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.2 Account Security

You must notify us immediately at admin@filereq.com if you become aware of any unauthorised access to your account. We are not liable for any loss or damage arising from your failure to maintain the security of your credentials.

3.3 Account Termination by You

You may cancel your subscription at any time through the billing portal accessible from Settings. Upon cancellation, your access to the Service continues until the end of your current billing period. We do not provide refunds for partial billing periods except where required by Australian Consumer Law.

3.4 Account Termination by Us

We may suspend or terminate your account immediately if:

• You materially breach these Terms
• You use the Service for unlawful purposes
• You engage in conduct that harms other users, third parties, or the integrity of the Service
• Payment for your subscription fails and is not resolved within 14 days

We will provide notice of termination where reasonably practicable, except in cases of serious or fraudulent misuse.

4. Subscriptions and Billing

4.1 Plans

FileRequest is offered on paid subscription plans (Solo, Practice, and Firm). Plan features, pricing, and unique recipient limits are described on our pricing page at filereq.com and may be updated from time to time with reasonable notice.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. All prices are in Australian Dollars (AUD) and are exclusive of GST where applicable. Payments are processed securely by Stripe. We do not store credit card information.

4.3 Unique Recipient Quota

Each plan includes a monthly unique recipient allowance that resets on your subscription anniversary date each month. A unique recipient is a distinct email address to whom at least one request was successfully delivered during the billing period. Bounced emails are excluded from the count. Sending is blocked if you exceed your plan's monthly allowance.

4.4 Additional Users

Additional user seats beyond your plan's included users are available at $15 AUD per user per month, billed monthly regardless of your plan interval.

4.5 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing period following the notice period. If you do not accept a price change, you may cancel your subscription before the change takes effect.

4.6 Refunds

We offer a 30-day money-back guarantee for new subscribers. If you are not satisfied with FileRequest within the first 30 days of your initial subscription, contact us at admin@filereq.com for a full refund. After 30 days, all subscription payments are non-refundable except where required by the Australian Consumer Law.

5. Acceptable Use

You agree to use FileRequest only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to collect information from individuals without their knowledge or consent
• Send unsolicited communications (spam) to individuals who have not consented to receive them
• Use the Service to collect sensitive personal information beyond what is necessary for your legitimate professional purpose
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Upload or transmit malicious code, viruses, or any software designed to damage or interfere with systems
• Impersonate another person, business, or entity
• Use the Service in any way that violates Australian law, including the Spam Act 2003, Privacy Act 1988, and Anti-Money Laundering and Counter-Terrorism Financing Act 2006
• Resell or sublicense access to the Service without our written consent

We reserve the right to investigate and take appropriate action against any violation of these terms, including suspension or termination of your account.

6. Your Content and Data

6.1 Ownership

You retain ownership of all content you upload to FileRequest, including request templates, client data, and documents submitted by your clients. We do not claim any ownership rights over your content.

6.2 Licence to Us

By using FileRequest, you grant us a limited, non-exclusive, royalty-free licence to store, process, and transmit your content solely for the purpose of providing the Service to you. We do not use your content or your clients' content for any other purpose.

6.3 Your Responsibilities

You are solely responsible for:

• The accuracy and legality of the content you create and the requests you send
• Obtaining any necessary consents from your clients to collect their information through FileRequest
• Ensuring your use of the Service complies with your professional obligations, including those under the Privacy Act 1988 and any applicable industry regulations
• Maintaining your own backup copies of important documents

6.4 Data Retention

We retain your data in accordance with our Privacy Policy. Refer to the Privacy Policy for full details on data retention periods.

7. Intellectual Property

All intellectual property rights in the FileRequest platform, including software, design, trademarks, and documentation, are owned by or licensed to us. Nothing in these Terms grants you any rights to our intellectual property other than the limited right to use the Service as described herein.

You must not copy, reproduce, modify, reverse engineer, or create derivative works from any part of the Service without our prior written consent.

8. Third-Party Integrations

FileRequest integrates with third-party services including Google Drive, OneDrive, Stripe, and others. Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.

When you connect a third-party service, you authorise us to interact with that service on your behalf as described in the integration. You may disconnect integrations at any time from Settings.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, we disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, error-free, or completely secure
• Any defects in the Service will be corrected
• The Service will meet your specific requirements

Nothing in these Terms excludes rights under the Australian Consumer Law that cannot be excluded, including consumer guarantees for services.

10. Limitation of Liability

To the maximum extent permitted by Australian law, our total liability to you for any claims arising from or related to these Terms or the Service is limited to the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits our liability for fraud, death or personal injury caused by our negligence, or any liability that cannot be excluded under Australian Consumer Law.

11. Indemnification

You agree to indemnify, defend, and hold harmless FileRequest and Patrick Tomczak from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or regulation
• Your content or the content you collect from your clients
• Any dispute between you and your clients arising from your use of the Service

12. Governing Law and Disputes

These Terms are governed by the laws of South Australia, Australia. Any dispute arising from these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of South Australia.

Before initiating any legal proceedings, you agree to first contact us at admin@filereq.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving written notice.

13. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable laws that cannot be excluded. If the Australian Consumer Law applies, our liability is limited to the extent permitted by section 64A of the Australian Consumer Law.

14. General

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.