Document — Terms of Service

Terms of Service

VERSION 1.0 · EFFECTIVE UPON GENERAL RELEASE · GOVERNING LAW: VICTORIA, AUSTRALIA

1. About these terms

These terms are an agreement between you and the operator of WaiverKeeper (identified in §14) governing your access to and use of the WaiverKeeper digital waiver service at waiverkeeper.au (the “Service”). By creating an account you accept these terms. If you accept on behalf of a business, you confirm you are authorised to bind that business.

2. What the Service does

WaiverKeeper lets you create waiver and consent documents, have your customers sign them on a phone, tablet or computer, and stores the signed records with a signature audit trail, plus expiry and re-signing reminders. You remain solely responsible for the content and legal adequacy of the documents you publish through the Service (see §6).

3. Your account

• Provide accurate business and contact details and keep them current.
• Keep your login credentials confidential; you are responsible for activity under your account.
• You must be an Australian business or organisation, or otherwise able to lawfully use the Service.

4. Plans, pricing and billing

• Plans and current prices are published on the site (Free, Starter $9/month, Studio $19/month, AUD, inclusive of GST unless stated otherwise). Prices include the plan limits stated at sign-up.
• Paid plans are billed monthly in advance. Subscriptions renew monthly until cancelled.
• Price changes: we will give you at least 30 days’ notice by email or in-product before any price change takes effect. If you do not accept the new price you may cancel before it takes effect and, where you have paid in advance, receive a pro-rata refund for the unused period.
• Overdue amounts: we will email you at least 7 days before any account suspension for non-payment, and will not delete your data during that period.

5. Beta and general release

During beta the Service is free and may be interrupted, changed or withdrawn with reasonable notice. Beta data may be reset; we will warn you by email before any planned data reset. When the Service leaves beta, paid features will be announced with at least 30 days’ notice.

6. Your documents and your customers’ data

• You own the documents you create and the content your customers submit through them. We store them and process them only to operate the Service.
• You are responsible for ensuring your documents are legally adequate for your purposes, including any requirements that apply to you under state or territory law (for example, for recreational services in NSW, provisions of the Civil Liability Act 2002 (NSW) such as s.5M and s.5N, and any equivalent rules elsewhere). We provide templates and storage — not legal advice.
• If your documents collect personal information from your customers (including children), you are responsible for obtaining any consents required for that collection, and for your own obligations under the Privacy Act 1988 (Cth) or equivalent.
• You can export your signed documents and records at any time during an active subscription and for 30 days after termination.

7. Electronic signatures

Australia’s Electronic Transactions Act 1999 (Cth) (ss.9–12) provides that electronic signatures can be legally valid for most transactions, and state and territory equivalents apply. We capture signature data (who signed, when, from what device) to support your records. Whether a particular signature meets your legal requirements depends on your circumstances — the Service is a tool, not a legal opinion.

8. Acceptable use

• Do not use the Service for unlawful content, to collect data without a lawful basis, or to mislead your customers about what they are signing.
• Do not probe, overload or interfere with the Service or other users.
• We may suspend an account for material breach, security risk or legal compulsion. Where practicable we will notify you first, explain why, and tell you what will fix it. You may dispute a suspension by contacting us (§14).

9. Intellectual property

The WaiverKeeper name, interface and software are owned by the operator. You keep all rights in your content. You grant us the limited licence needed to host, store and display your documents in order to run the Service, and no more.

10. Liability

• Nothing in these terms excludes, restricts or modifies any consumer guarantee or right you have under the Australian Consumer Law or equivalent legislation, or our liability for failing to meet such guarantees (except to the extent the law permits limitation).
• Subject to that: we provide the Service with due care and skill but “as is” during beta; our total liability for claims connected to the Service is capped at the fees you paid us in the 12 months before the claim (or AUD $100 if you use the Free plan); and neither of us is liable for indirect or consequential loss to the extent the law permits.

11. Indemnity

You are responsible for claims made against us that arise from the content you publish through the Service or your breach of law or these terms — limited to the extent you caused them, and excluding any portion arising from our fault. We will tell you promptly and let you participate in the defence of any such claim.

12. Suspension, termination and your data

• You may cancel at any time from your account or by email. Cancellation takes effect at the end of the current billing period unless you ask for immediate closure.
• We may terminate for convenience with 30 days’ notice (with pro-rata refund of unused prepaid fees).
• After termination you have 30 days to export your data, after which it is deleted from active storage (backup deletion follows our backup cycle). We keep what the law requires us to keep.

13. Changes to these terms

We will give at least 30 days’ notice of material changes by email or in-product. If you continue using the Service after the change takes effect you accept it; if not, you may cancel before the effective date and export your data.

14. Who we are, governing law and disputes

WaiverKeeper is operated by Oramatel Pty Ltd (ACN 131 482 427) · ABN 82 380 355 835 (“we”). Contact: hello@waiverkeeper.au. These terms are governed by the laws of Victoria, Australia, and any disputes are subject to the non-exclusive jurisdiction of the courts of Victoria. If you have a dispute, email us first — we commit to good-faith discussion before either side starts formal proceedings.

15. Definitions

• “Service” — the WaiverKeeper digital waiver software and related services.
• “Document” — any waiver, consent form or template you create or publish through the Service.
• “Record” — a signed document together with its signature and audit data.