Terms and Conditions

1. Definitions

ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Personal Information has the meaning given in the Privacy Act 1988 (Cth) (Privacy Act).

Privacy Policy means our privacy policy available at Privacy Policy, as updated from time to time.

Services means the services offered through the Website, including the creation, storage, hosting, management, retrieval and export of data (including Personal Information) as described on the Website.

Stored Data means data uploaded, input, generated, imported or otherwise stored in a User account through the Services, including any Personal Information.

Subscription means a paid plan (monthly/annual or otherwise) required to maintain ongoing storage and access to Stored Data, as described on the Website.

Subscription Term means the period covered by a Subscription fee.

User Content means any content, materials or data submitted or made available by you through the Services (including Stored Data).

Website means any of the websites located at: www.achievevault.com.au; www.achievevault.com; www.achievevault.co.uk; www.achievevault.ca; www.achievevault.co.nz; www.achievevault.co.

2. Acceptance and Changes

2.1 These Terms apply to all Users, including trial users and paid subscribers.

2.2 We may update these Terms at any time by posting the updated version on the Website. Unless stated otherwise, changes take effect from the date posted.

2.3 If you continue to use the Website or Services after changes take effect, you are taken to have accepted the updated Terms.

3. Eligibility and Account Registration

3.1 You must be at least 16 years old (or have legal capacity to enter a binding contract under applicable law) to create an account. Users under the age of 16 may only access or use the platform with the consent and supervision of a parent, guardian, or responsible adult. The supervising adult is responsible for monitoring the minor's use of the platform and ensuring that any content uploaded or activity undertaken complies with these Terms and all applicable laws. Where a user is under 18 years of age, the parent, guardian or responsible adult who establishes or supervises the account accepts responsibility for the minor's use of the platform and for ensuring that all activity complies with these Terms and all applicable laws.

3.2 You must provide accurate and complete account information and keep it current.

3.3 You are responsible for maintaining the confidentiality of login credentials and for all activity under your account.

4. Service Description and Stored Data

4.1 The Services allow Users to store and manage Stored Data, which may include Personal Information relating to the User and/or third parties.

4.2 You acknowledge and agree that:

• (a) the Services are provided on a free basis (which may be modified, suspended or discontinued by us at any time) or subscription basis;
• (b) continued storage and access to Stored Data is conditional on maintaining an active Subscription, subject to the Data Retention and Deletion provisions in clause 9;
• (c) The Services are not a social media service; and
• (d) Users are responsible for maintaining their own copies of any content uploaded to the platform. We do not guarantee the permanent storage or preservation of Stored Data.

4.3 Unless expressly stated, we do not verify the accuracy, legality or suitability of Stored Data. You are responsible for ensuring Stored Data is accurate, lawful and appropriate for your purposes.

5. Subscription, Billing and Payment

5.1 Subscription requirement. You must maintain an active Subscription to retain ongoing storage of Stored Data (subject to clause 9).

5.2 Plans and pricing. Subscription plans, inclusions, limits (including storage limits), and pricing are set out at Pricing and may be changed in accordance with clause 5.6.

5.3 Billing cycle. Subscription fees are billed in advance on the billing cycle selected at checkout (e.g., monthly or annually).

5.4 Auto-renewal. Unless cancelled before the end of the then-current Subscription Term, your Subscription will automatically renew for a further Subscription Term, and you authorise us (or our payment processor) to charge the applicable fees.

5.5 Taxes. Fees are stated inclusive of GST (where applicable).

5.6 Fee changes. We may change fees or plan inclusions by giving at least 30 days' notice via the Website, email, in-product notification, or other reasonable means. Fee changes apply from the next renewal date unless otherwise required by law.

5.7 Failed payments. If payment fails, we may suspend or restrict access to the Services until payment is received.

5.8 No set-off. Fees are payable without set-off or deduction except to the extent required by law.

5.9 Fees paid for a Subscription are non-refundable, except as required by applicable law.

6. Trials and Promotions (if applicable)

6.1 If a free trial or promotional period is offered, it will be subject to the terms disclosed at sign-up, or otherwise notified to you.

6.2 Unless you cancel before the trial ends, you authorise us to charge the applicable Subscription fee at the end of the trial.

6.3 Trial access may include reduced functionality, storage limits, or other restrictions compared to paid plans.

6.4 We reserve the right to modify, suspend, or discontinue free plans (in whole or in part) at any time, including limiting the length of time a user may access the platform under a free plan.

7. Acceptable and Fair Use

7.1 You must not use the Website or Services:

• (a) in breach of any law or regulation (including privacy and spam laws);
• (b) to store or transmit unlawful, infringing, defamatory, obscene or harmful material;
• (c) to store or transmit malicious code, ransomware, or material intended to disrupt systems;
• (d) to access or attempt to access accounts or data not belonging to you;
• (e) to interfere with the operation, security, or integrity of the Website or Services;
• (f) to use scraping, automated querying, or bulk extraction except with our prior written consent.

7.2 We may suspend or terminate access for actual or suspected breach of this clause.

7.3 Your subscription includes an appropriate allowance for storage, viewing and sharing of content for normal personal use. Free plans are designed to allow users to explore and experience Achieve Vault by capturing a limited number of meaningful achievements and moments, and include reduced allowances for storage, viewing and sharing compared to paid plans.

7.4 We operate a fair use policy to ensure the performance and reliability of the service for all users. Normal use includes storing personal achievements, viewing your content, and from time to time sharing selected moments with family and friends. Excessive or abnormal usage, including unusually high levels of data transfer, repeated large-scale sharing, or activity inconsistent with typical personal use, may result in temporary restrictions, reduced performance, or a request to upgrade your plan.

7.5 Shared content may be subject to limits on the number of views or duration of availability. These limits are designed to support normal personal sharing and to maintain service performance.

7.6 We reserve the right to monitor usage levels and take reasonable steps to protect the platform, including limiting access to shared content or adjusting service levels where necessary.

8. Privacy, Personal Information and Consents

8.1 Privacy Policy. We handle Personal Information in accordance with the Privacy Act and our Privacy Policy, which forms part of these Terms.

8.2 User responsibility for third-party Personal Information. If you upload or store Personal Information about another person (Third-Party Data), you warrant that:

• (a) you have collected and disclosed that information lawfully;
• (b) you have obtained all necessary consents and provided all required notices; and
• (c) you have authority to provide that information to us for the purposes of providing the Services.

8.3 Data processing role. To the extent permitted by law, you acknowledge that:

• (a) you control the Personal Information you submit as Stored Data; and
• (b) we will handle that Stored Data to provide, administer, secure and improve the Services, and for other purposes set out in the Privacy Policy.

8.4 Overseas disclosures. Stored Data (including Personal Information) may be hosted or processed in Australia or overseas and may be accessed by service providers located overseas. Details are set out in the Privacy Policy.

8.5 Compliance with Privacy Laws. Each party must comply with all Privacy Laws (including the Australian Privacy Principles, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth)), and any other applicable laws, regulations, industry codes or policies in the course of performing this agreement and otherwise in the course of conducting its business.

8.6 Use of Personal Information. Without limiting clause 8.5, each party must, in respect of Personal Information in its possession or control collected, held, used or disclosed in connection with the Services:

• (a) use Personal Information only for the purposes of providing, administering, improving and securing the Services or as otherwise permitted by law;
• (b) handle Personal Information in accordance with all Privacy Laws and the Australian Privacy Principles;
• (c) unless required by law, not disclose Personal Information without the prior written consent of the individual to which it relates;
• (d) not transfer or store Personal Information outside Australia, or allow any person outside Australia to have access to it, without obtaining all necessary consents and providing all required notices as required by the Privacy Act;
• (e) take reasonable steps to ensure that only personnel authorised by it have access to Personal Information, and that Personal Information is protected against loss, misuse and interference and unauthorised access, use, modification or disclosure, including by maintaining industry standard data security systems and providing appropriate privacy and data training to personnel;
• (f) immediately notify the other party if it becomes aware of:
  • i. a disclosure of Personal Information required by law;
  • ii. a breach of any of clauses 8.6(a) to 8.6(e);
  • iii. any notifiable data breach or suspected data breach involving Personal Information;
• (g) notify the other party of any complaint alleging an interference with the privacy of an individual by it or its personnel;
• (h) co-operate with all reasonable requests or directions of the other party for the purposes of enabling compliance with Privacy Laws including, if relevant, investigations by or communications with the Office of the Australian Information Commissioner or similar regulatory bodies.

8.7 Privacy policy maintenance. Each party must have and maintain an up-to-date privacy policy that complies with the Australian Privacy Principles.

8.8 Survival. This clause 8 survives the termination, expiry or rescission of this agreement for any reason.

8.9 Legislative changes. If there is a change to laws or regulations governing privacy or personal data relevant to the Services or your Stored Data, including amendments to the Privacy Act 1988 (Cth), we may update these Terms as necessary to comply with such changes. You agree to comply with these updated requirements.

9. Data Retention, Access and Deletion (Subscription-Linked Storage)

9.1 Active Subscription. While you maintain an active Subscription and comply with these Terms, we will make Stored Data available to you through the Services, subject to any plan limits, technical constraints and lawful access requests.

9.2 Cancellation by you. You may cancel your Subscription in accordance with the cancellation process described at Cancellation. Cancellation takes effect at the end of the current Subscription Term unless otherwise stated. Fees paid for a Subscription are non-refundable, except as required by applicable law.

9.3 End of Subscription — Access Changes. If your Subscription ends (including by cancellation, expiry or non-payment), then from the end of the Subscription Term we may:

• (a) restrict or suspend your access to the Services and Stored Data; and/or
• (b) place your account into a limited state (for example, "read-only" or "inactive"), at our discretion.

9.4 Retention period after subscription ends. Unless required by law to retain data for longer (or shorter), we will retain Stored Data for 120 days after the end of the Subscription (Retention Period) to allow you to:

• (a) reactivate the Subscription; and/or
• (b) export or retrieve Stored Data (to the extent functionality is available during the Retention Period).

9.5 Deletion after Retention Period. At the end of the Retention Period, we may permanently delete Stored Data (including Personal Information) without further notice, and it may not be recoverable.

9.6 Immediate deletion in certain cases. We may delete Stored Data earlier than the end of the Retention Period if:

• (a) required by law or a court/authority;
• (b) necessary to protect the security or integrity of the Services; or
• (c) your account is terminated for serious breach (including unlawful use), subject to any legal obligations.

9.7 Backup. Stored Data may remain in backups for a limited period after deletion. During that period, it will not be available to you and will be securely stored and deleted in accordance with our backup retention practices.

9.8 User responsibility to export. You are responsible for exporting Stored Data prior to cancellation or within the Retention Period where export functionality is available. We are not liable for any loss of Stored Data following deletion in accordance with these Terms.

10. Security

10.1 We implement reasonable administrative, technical and physical safeguards designed to protect Stored Data.

10.2 You acknowledge that no system is completely secure. You are responsible for:

• (a) using strong passwords and enabling MFA where available;
• (b) maintaining the security of devices used to access the Services; and
• (c) promptly notifying us of any unauthorised access or security incident.

11. Intellectual Property

11.1 We (and/or our licensors) own all intellectual property rights in the Website and Services, excluding User Content.

11.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services during the Subscription Term in accordance with these Terms.

11.3 You must not copy, modify, create derivative works from, reverse engineer, decompile, or attempt to extract source code from the Services except to the extent permitted by law.

12. User Content Licence

12.1 You retain ownership of User Content.

12.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, transmit and otherwise use User Content solely to:

• (a) provide and administer the Services;
• (b) improve, troubleshoot and secure the Services; and
• (c) comply with legal obligations.

12.3 This licence continues for as long as the User Content is stored on our systems, including during the Retention Period and any backup retention period.

13. Third-Party Services

13.1 The Services may integrate with third-party services (Third-Party Services).

13.2 Use of Third-Party Services is governed by the third party's terms and policies.

13.3 We are not responsible for Third-Party Services, including their availability, security, or handling of data.

14. Availability, Maintenance and Support

14.1 We may perform scheduled or emergency maintenance that may affect availability.

14.2 Support enquiries can be directed to support@achievevault.com. We aim to respond to all enquiries on a best-efforts basis during business hours.

15. Consumer Guarantees and Disclaimers

15.1 Nothing in these Terms excludes, restricts or modifies any non-excludable consumer guarantees, rights or remedies under the ACL or other applicable law.

15.2 To the maximum extent permitted by law, and subject to clause 15.1:

• (a) the Website and Services are provided on an "as is" and "as available" basis. We do not guarantee that the platform will be uninterrupted, secure, error-free, or available at all times;
• (b) we disclaim all warranties not expressly set out in these Terms, including implied warranties of merchantability, fitness for purpose and non-infringement.

16. Communications and Marketing

16.1 By creating an account or using the platform, you agree that we may send you administrative and service-related communications necessary for the operation of the platform. These may include account notifications, subscription reminders, security alerts, updates to the platform, changes to these Terms, and other operational communications. These communications are considered part of the service and cannot be opted out of while maintaining an active account.

16.2 By creating an account and using the platform, you consent to receiving marketing and promotional communications from us. These communications may include product updates, feature announcements, newsletters, promotional offers, surveys, and other information relating to the platform and related services.

16.3 Marketing communications may also include offers, promotions or information relating to third-party products or services that we believe may be of interest to you. Such communication will be sent by us and we will not disclose users' personal information to third parties for their independent marketing without the User's consent. You may opt out of receiving marketing communications at any time by using the unsubscribe mechanism included in such communications.

16.4 Access to and continued use of the free version of the platform may be conditional on you agreeing to receive marketing and promotional communications from us, or our partners. If you are a free user and opt out of marketing communications, we reserve the right to restrict, suspend, or terminate access to the free version of the platform.

16.5 We may contact users from time to time regarding important platform announcements, feature updates, service changes, security matters, or other information relevant to the operation or improvement of the platform.

16.6 We may collect, analyse, and use aggregated or de-identified information about how users interact with the platform for the purposes of improving the platform, developing new features, conducting research, and supporting marketing or promotional activities. Such information will not identify individual users.

16.7 With a user's consent, we may use testimonials, feedback, or examples of user experiences relating to the platform for marketing or promotional purposes. We will not disclose personal information or identifiable user content for promotional purposes without the user's permission and will respect any applicable privacy settings.

16.8 Further details about how we collect, use, and manage personal information are set out in our Privacy Policy, which forms part of these Terms.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, and subject to clause 15.1, we are not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of goodwill, loss of opportunity, or loss of data, arising out of or in connection with the Website or Services.

17.2 To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Website or Services is limited to the greater of:

• (a) the total fees paid by you to us in the 12 months immediately preceding the event giving rise to liability; and
• (b) AUD $150 (one hundred and fifty dollars only).

17.3 Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited by law.

18. Dispute Resolution

18.1 Before commencing legal proceedings in relation to any dispute arising under these Terms, the parties must attempt in good faith to resolve the dispute by informal means. If the dispute cannot be resolved within 30 days, either party may request mediation in accordance with the rules of the Australian Disputes Centre. Legal proceedings may only be commenced after completion of mediation, except where urgent relief is sought.

19. Suspension and Termination

19.1 We may suspend or terminate your access to the Services immediately if:

• (a) you breach these Terms;
• (b) we reasonably suspect fraud, unlawful conduct, or security risk; or
• (c) required by law.

19.2 Where practicable, we will provide notice and an opportunity to remedy a breach, unless the breach is serious or immediate action is required.

19.3 On termination, clause 9 (Data Retention, Access and Deletion) applies unless otherwise required by law.

20. Force Majeure Clause

20.1 Definition

In these Terms, Force Majeure Event means any event or circumstance beyond the reasonable control of a party that prevents or delays performance of a non-monetary obligation, including:

• acts of God, natural disasters, fire, explosion, flood, severe weather, earthquake;
• epidemic, pandemic, quarantine, public health emergency, or outbreak of communicable disease;
• war, terrorism, civil unrest, riot, embargo, or blockade;
• acts or directions of any government or regulatory authority (including emergency declarations, mandatory closures, sanctions, or changes in law);
• failure, outage or degradation of utilities or essential services (including electricity, water, transport), or telecommunications, internet, data network or satellite services;
• failure or outage of third-party hosting, cloud, data centre, content delivery networks, domain name services, payment gateways, or other third-party platforms or services used to provide the Services;
• cyber security events (including denial-of-service attacks, ransomware, or other malicious acts) not caused by the affected party's breach of these Terms or failure to maintain reasonable security;
• industrial dispute, lockout, strike or other labour disturbance; and
• catastrophic failure of plant, machinery, software or hardware not arising from a lack of reasonable maintenance or our negligence.

Force Majeure Event does not include a lack of funds or an event caused or contributed to by the affected party's failure to comply with these Terms or to take reasonable precautions.

20.2 Suspension and Extension of Time

If a party (Affected Party) is prevented, hindered or delayed from performing any non-monetary obligation under these Terms by a Force Majeure Event, that obligation is suspended for the duration of the Force Majeure Event and the time for performance is extended for a period equal to the duration of the Force Majeure Event and a reasonable recovery period.

To the extent permitted by law (including the Australian Consumer Law), the Affected Party is not liable to the other party for any delay or failure to perform caused by a Force Majeure Event.

20.3 Notice and Updates

The Affected Party must as soon as reasonably practicable, and in any event within 5 Business Days (a day other than a Saturday, Sunday or public holiday in New South Wales), notify the other party of the occurrence of the Force Majeure Event, its expected impact, and the obligations affected and provide reasonable updates on progress in overcoming the effects of the Force Majeure Event.

20.4 Mitigation and Partial Performance

The Affected Party must use reasonable endeavours to mitigate the effects of the Force Majeure Event and to perform obligations not affected by the Force Majeure Event. Where performance is only partially affected, the Affected Party must perform all parts not affected and may allocate available resources between customers or users in a fair and reasonable manner.

20.5 Extended Force Majeure; Termination for Prolonged Impact

If a Force Majeure Event continues for more than 90 consecutive days and materially affects performance, either party may terminate the affected portion of the services or these Terms (in whole or part) on 14 days' written notice to the other party. Termination under this clause is without liability, except that each party remains liable for amounts properly due and payable for goods or services supplied before the effective date of termination.

20.6 Payment and Continuing Obligations

Obligations to pay money that has accrued prior to the Force Majeure Event are not excused by this clause. Obligations relating to confidentiality, privacy, intellectual property, data security, and indemnities continue to apply to the extent they are not prevented by the Force Majeure Event.

20.7 Consumer Law

Nothing in these Terms (including this clause) excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. To the extent of any inconsistency, the Australian Consumer Law prevails.

20.8 Pre-existing Delays

This clause does not extend time for performance to the extent a delay or failure was caused before the Force Majeure Event occurred.

21. Notices

21.1 We may send notices to you by email to the address associated with your account, by in-product message, or by posting on the Website.

21.2 You may send notices to us at: admin@achievevault.com

22. Governing Law and Jurisdiction

22.1 These Terms are governed by the laws of New South Wales, Australia.

22.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

23. Miscellaneous

23.1 Assignment. You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms, user accounts and data on notice to you in the event of a sale of the business, merger or a corporate restructure of the Provider.

23.2 Severability. If any provision is invalid or unenforceable, it will be read down or severed to the extent necessary, and the remainder will remain in force.

23.3 Entire agreement. These Terms, together with the Privacy Policy and any additional terms displayed during sign-up (including plan terms), constitute the entire agreement relating to your use of the Website and Services.

23.4 Priority. If there is an inconsistency between these Terms and any plan-specific terms, the plan-specific terms prevail to the extent of the inconsistency.

Schedule 1 — Data Export and Deletion Summary

1. Active subscription: Stored Data available in accordance with plan limits.
2. Subscription ends: access may be restricted; Stored Data retained for 120 days.
3. During retention: you may reactivate and/or export (subject to access level).
4. After retention: Stored Data may be permanently deleted and may not be recoverable.

Schedule 2 — Confidentiality

1. Confidentiality

1.1 Confidential Information means any information in any form relating to Achieve Vault Pty Ltd ACN 694 541 065, its business, operations, customers, technology, trade secrets, the Website, Services, terms and existence of this agreement, and any information disclosed in connection with the Services, including Personal Information and Stored Data, unless such information is in the public domain other than due to a breach of this agreement.

1.2 Each party (Receiving Party) must, except as permitted under clause 1.3 or as otherwise required by law:

• (a) keep all Confidential Information received from the other party strictly confidential;
• (b) use Confidential Information only for the purposes of performing this agreement or using the Services as authorised;
• (c) not disclose Confidential Information to any third party except to employees, agents or contractors who have a need to know for the permitted purpose and who are under an obligation of confidentiality no less onerous than under this agreement;
• (d) take reasonable steps to provide proper and secure storage for Confidential Information;
• (e) promptly notify the other party if it becomes aware of any actual or suspected breach of this clause;
• (f) promptly upon the written request of the other party or upon termination or expiry of this agreement, stop using all Confidential Information and, at the other party's option, return or destroy such Confidential Information, except to the extent any records are required to be kept by law.

1.3 The confidentiality obligations in clause 1.2 do not apply to information that:

• (a) is in the public domain at the time of receipt or has subsequently come into the public domain other than as the result of a breach of agreement;
• (b) is received lawfully from a third party who is not known by the Receiving Party to be bound by an obligation of confidentiality;
• (c) is required to be disclosed by law, court order or a regulatory authority after consulting the other party (to the extent reasonably possible) regarding the form and content of the disclosure.

1.4 This clause survives the return or destruction of Confidential Information and the termination, expiry or rescission of this agreement for any reason.