Terms of Service
Last updated: 29 January 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Vivacity Coaching and Consulting Pty Ltd (ABN 40 140 059 016) ("ComplyHub", "we", "us", "our") governing your access to and use of the ComplyHub software-as-a-service platform ("Platform", "Service").
By creating an account, subscribing to a plan, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
If you do not agree to these Terms, you must not access or use the Platform.
2. Definitions
- "Authorised Users" means individuals authorised by the Customer to access the Platform under the Customer's subscription.
- "Customer Data" means all data, content, and information uploaded, entered, or generated by the Customer or Authorised Users through the Platform.
- "Subscription" means the paid access plan selected by the Customer, as described at the time of purchase.
- "Trial Period" means any complimentary access period offered before a paid Subscription commences.
3. Subscription Terms
3.1 Subscription Plans
Access to the Platform requires an active Subscription. Subscription plans, features, and pricing are published on our website and may be updated from time to time. Changes to pricing will not affect existing Subscriptions until the next renewal period.
3.2 Subscription Period
Subscriptions are offered on monthly or annual billing cycles as selected at purchase. Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with Section 10.
3.3 User Limits
Each Subscription includes a specified number of Authorised Users. Additional users may be added at the applicable per-user rate. You are responsible for ensuring that login credentials are not shared beyond authorised individuals.
4. Trial Terms
We may offer a Trial Period at our discretion. During the Trial Period:
- Access to the Platform is provided at no charge for evaluation purposes.
- The Platform is provided "as is" without service level commitments.
- We may limit features, storage, or functionality during the trial.
- We reserve the right to terminate trial access at any time without notice.
- Data entered during the trial will be retained if you convert to a paid Subscription.
- If you do not subscribe, trial data may be deleted after 30 days.
No payment information is required to start a trial unless otherwise specified.
5. User Responsibilities
5.1 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
- Use the Platform in any way that violates applicable laws or regulations
- Attempt to gain unauthorised access to any part of the Platform or its systems
- Interfere with or disrupt the integrity or performance of the Platform
- Transmit viruses, malware, or other harmful code
- Use the Platform to store or transmit infringing, defamatory, or unlawful content
- Reverse engineer, decompile, or attempt to extract source code from the Platform
- Resell, sublicense, or provide access to the Platform to third parties without authorisation
5.2 Compliance Obligations
The Platform is a tool to support compliance management. You remain solely responsible for your organisation's compliance with applicable laws, regulations, and standards, including the Standards for Registered Training Organisations. ComplyHub does not provide legal, regulatory, or compliance advice.
5.3 Data Accuracy
You are responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquire it. You must ensure that your collection and use of personal information complies with applicable privacy laws.
6. Account Access and Security
6.1 Account Registration
You must provide accurate and complete information when creating an account. You must promptly update your account information if it changes.
6.2 Credentials
You are responsible for maintaining the confidentiality of all login credentials associated with your account. You must not share credentials between individuals. Each Authorised User must have their own unique login.
6.3 Unauthorised Access
You must notify us immediately if you become aware of any unauthorised access to your account or any security breach. You are responsible for all activities that occur under your account, whether or not authorised by you.
6.4 Account Administrators
Your designated account administrators have the ability to manage Authorised Users, access Customer Data, and configure Platform settings. You are responsible for the actions of your administrators.
7. Intellectual Property
7.1 Platform Ownership
The Platform, including all software, algorithms, interfaces, designs, documentation, and content provided by ComplyHub, is owned by us or our licensors. All rights not expressly granted are reserved.
7.2 Licence to Use
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for your internal business purposes during the Subscription period.
7.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Platform. You may not use our trademarks, logos, or branding without prior written consent.
7.4 Feedback
If you provide suggestions, ideas, or feedback about the Platform, we may use this feedback without restriction or obligation to you.
8. Data Ownership and Licence
8.1 Customer Data Ownership
You retain all ownership rights in Customer Data. We do not claim ownership of any content you upload or create using the Platform.
8.2 Licence to Process
You grant us a limited licence to host, store, process, and display Customer Data solely to provide and improve the Platform. This licence continues until Customer Data is deleted from our systems.
8.3 Aggregated Data
We may generate aggregated, anonymised, and de-identified data derived from Platform usage ("Aggregated Data"). Aggregated Data does not identify you or any individual and may be used for analytics, benchmarking, and product improvement.
8.4 Data Export
You may export Customer Data at any time using available Platform features. Upon termination, we will provide reasonable assistance to export your data upon request.
9. Service Availability and Limits
9.1 Availability
We aim to provide continuous access to the Platform but do not guarantee uninterrupted availability. The Platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control.
9.2 Maintenance
We will endeavour to schedule maintenance during low-usage periods and provide reasonable notice where practicable. Emergency maintenance may occur without notice.
9.3 Usage Limits
Your Subscription may include limits on storage, users, or features. If you exceed these limits, you may be required to upgrade your plan or reduce usage.
9.4 Modifications
We may modify, enhance, or discontinue features of the Platform at any time. We will provide reasonable notice of material changes that significantly reduce functionality.
10. Payment and Billing
10.1 Fees
You agree to pay all fees associated with your Subscription as quoted at the time of purchase. All fees are quoted in Australian dollars unless otherwise specified.
10.2 Billing Cycle
Fees are billed in advance on a monthly or annual basis according to your selected plan. Your payment method will be charged automatically at the start of each billing period.
10.3 Taxes
All fees are exclusive of GST and other applicable taxes, which will be added to invoices where required by law.
10.4 Payment Methods
Payment is processed through our secure third-party payment provider. You authorise us to charge your nominated payment method for all applicable fees.
10.5 Failed Payments
If payment fails, we will notify you and may suspend access until payment is received. Continued failure to pay may result in termination and referral to collections.
10.6 Refunds
Fees are generally non-refundable except as required by law. We may offer pro-rata refunds at our discretion in exceptional circumstances.
11. Termination
11.1 Termination by Customer
You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of prepaid periods.
11.2 Termination by ComplyHub
We may suspend or terminate your access immediately if you:
- Breach these Terms and fail to remedy within 14 days of notice
- Fail to pay fees when due
- Engage in fraudulent, illegal, or abusive conduct
- Become insolvent or enter administration
11.3 Effect of Termination
Upon termination:
- Your access to the Platform will cease
- You remain liable for any unpaid fees
- You may request export of Customer Data within 30 days
- After 30 days, we may delete Customer Data without further notice
- Sections relating to IP, liability, and governing law survive termination
12. Limitation of Liability
12.1 Exclusion of Warranties
To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.2 Limitation of Damages
To the maximum extent permitted by law, ComplyHub and its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, arising from or related to these Terms or the Platform.
12.3 Liability Cap
Our total aggregate liability for all claims arising from or related to these Terms or the Platform will not exceed the total fees paid by you in the 12 months preceding the claim.
12.4 Essential Purpose
The limitations in this section apply even if any limited remedy fails of its essential purpose.
12.5 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot be excluded by agreement.
13. Indemnification
You agree to indemnify and hold harmless ComplyHub and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from:
- Your breach of these Terms
- Your use of the Platform
- Customer Data or content you provide
- Your violation of any third-party rights
- Your violation of applicable laws or regulations
14. Governing Law and Disputes
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal.
14.2 Dispute Resolution
Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate dispute resolution by providing written notice to the other party.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any order forms or statements of work, constitute the entire agreement between you and ComplyHub regarding the Platform.
15.2 Amendments
We may update these Terms from time to time. Material changes will be notified via email or Platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.
15.3 Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full effect.
15.4 Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
15.5 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
15.6 Notices
Notices to you will be sent to the email address associated with your account. Notices to us must be sent to the contact details below.
16. Contact
For questions about these Terms, please contact: