Terms of Service

1. Acceptance of Terms

By accessing or using ComplyAU (“the Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. The Service is operated by ComplyAU Pty Ltd (ABN pending) (“we”, “us”, “our”).

2. Description of Service

ComplyAU is a compliance management platform that helps Australian businesses meet their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), as amended by Tranche 2 reforms. The Service includes:

• AI-powered AML/CTF program generation
• Customer Due Diligence (CDD) workflow management
• Suspicious Matter Report (SMR) preparation tools
• Record keeping and document storage
• Risk assessment tools
• Staff training modules
• AUSTRAC enrolment guidance

3. Important Disclaimer

ComplyAU is not affiliated with, endorsed by, or partnered with AUSTRAC, the Australian Government, or any regulatory body.

4. Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Be an authorised representative of the business you register
• Accept responsibility for all activity under your account

You must promptly notify us of any unauthorised use of your account or any other breach of security.

5. Subscription and Payment

Access to the Service requires a paid subscription. By subscribing, you agree to:

• Pay the applicable fees for your selected plan (Starter, Professional, or Business)
• All prices are in Australian Dollars (AUD) and exclude GST unless stated otherwise
• Subscriptions are billed monthly unless you select annual billing
• Automatic renewal at the end of each billing period unless cancelled
• Refunds are available within 14 days of initial purchase if the Service has not been materially used

We reserve the right to change pricing with 30 days' notice. Existing subscribers will retain their current pricing until the end of their billing cycle.

6. Waitlist

If you join our waitlist, you agree to receive communications about ComplyAU's launch, compliance preparation guides, and AUSTRAC Tranche 2 updates. Waitlist members receive 3 months free on any plan upon launch. You may unsubscribe at any time.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload malicious code, viruses, or harmful data
• Attempt to gain unauthorised access to any part of the Service
• Reverse-engineer, decompile, or disassemble the Service
• Share your account credentials with unauthorised users
• Use the Service to circumvent compliance obligations or facilitate illegal activity
• Resell, sublicense, or redistribute the Service without written consent

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

You retain ownership of all data you upload to the Service. We do not claim ownership of your compliance documents, client records, or business data. You grant us a limited licence to process your data solely for the purpose of providing the Service.

9. Data Security

We implement industry-standard security measures to protect your data, including:

• AES-256 encryption at rest
• TLS 1.3 encryption in transit
• Australian-hosted infrastructure
• Row-level security for multi-tenant data isolation
• Regular security audits and penetration testing

10. Record Retention

The Service assists you in meeting the 7-year record retention requirement under the AML/CTF Act. However, you are responsible for ensuring your records are maintained appropriately. If you cancel your subscription, your data will be retained for 90 days, during which you may export it. After 90 days, data may be deleted. For compliance reasons, we recommend exporting all records before cancellation.

11. AI-Generated Content

Parts of the Service use artificial intelligence to generate compliance documents (such as AML/CTF programs, risk assessments, and training content). While we strive for accuracy, AI-generated content should be reviewed by qualified personnel before being adopted. You are responsible for reviewing and approving all generated content before using it in your business.

12. Service Availability

We aim to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice. We are not liable for any downtime, interruption, or data loss caused by factors beyond our reasonable control.

13. Limitation of Liability

To the maximum extent permitted by Australian law, ComplyAU's total liability for any claims arising from or related to the Service is limited to the fees you paid in the 12 months preceding the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or data
• Regulatory penalties or fines
• Business interruption
• Cost of substitute services

14. Indemnification

You agree to indemnify and hold harmless ComplyAU, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

15. Termination

Either party may terminate the agreement at any time. You may cancel your subscription through your account settings. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a manner that could harm other users or our infrastructure.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria, Australia. Nothing in these Terms excludes or limits any consumer rights under the Australian Consumer Law that cannot be excluded or limited.

18. Contact

For questions about these Terms, contact us at legal@complyau.com.au