Terms of Service

1. Who we are and what these terms cover

“We”, “us”, and “our” mean the business trading as Ever Better Systems. “You” means the person or organisation using the relevant service. “Services” includes our websites, applications, software, tools, calculators, reports, integrations, documentation, and related consulting or support, whether free, trial, beta, or paid.

These terms apply where they are presented as the terms governing your use of a Service and you accept them. If acting for an organisation, you must have authority to do so. If you do not accept applicable terms, do not use the relevant Service.

A separately agreed contract, order, statement of work, or product-specific agreement takes priority to the extent of a conflict. These terms do not retrospectively replace an existing agreement or reduce rights already accrued under it. Existing CRIS product terms remain available.

2. Permitted use and your responsibilities

Subject to the applicable agreement, we permit you to use the Service for its intended purpose. You are responsible for your equipment, internet access, authorised users, account security, and lawful use of the Service.

You must not use a Service unlawfully, infringe another person's rights, upload malicious code, attempt unauthorised access, interfere with availability, bypass security or usage limits, or use the Service to send spam. You must have appropriate rights and permissions for information you enter, upload, import, or share.

Keep credentials confidential, manage user permissions, and promptly tell us about suspected unauthorised access. You are responsible for actions you authorise and for taking reasonable steps to prevent misuse of your account.

3. Availability, downtime, and support

Unless expressly agreed in writing, we do not promise uninterrupted availability, a particular uptime percentage, continuous support, a response time, or a recovery time. Services may be unavailable, delayed, restricted, or interrupted because of maintenance, updates, defects, capacity limits, network failures, provider outages, cyber incidents, or events beyond reasonable control.

We do not warrant that a Service will always be accessible, secure, compatible with every environment, or free of errors, vulnerabilities, or harmful components. Statutory guarantees and any express service commitments continue to apply. A service credit or service-level agreement applies only if expressly agreed.

4. Data, backups, and recovery

You retain ownership of your data. You authorise us and our providers to process it as reasonably necessary to provide, secure, and support the Service, subject to applicable privacy obligations and agreements.

Maintain independent, current backups and check that exports and recovery arrangements meet your needs. A Service should not be your only record of critical business information. Review data before and after imports, migrations, synchronisation, updates, and integrations.

Unless expressly agreed, we do not promise that every item can be restored or that a backup, export, migration, retention period, or recovery process will be complete or error-free. Data may be lost, corrupted, duplicated, overwritten, deleted, delayed, or made inaccessible. Your backup responsibilities do not remove our obligations that apply under law or an express agreement.

5. Accuracy, calculations, and business decisions

Outputs depend on inputs, settings, assumptions, formulas, business rules, and third-party information. Data, search results, matches, reports, calculations, forecasts, automated outputs, and recommendations may be inaccurate, incomplete, outdated, or unsuitable for a particular purpose.

Independently verify important outputs before relying on them, including commission, payroll, timesheet, invoice, tax, financial, candidate, recruitment, and compliance information. Confirm applicable rates, thresholds, contractual entitlements, rounding, dates, and local requirements. Test automation before using it with live records or payments.

Unless expressly agreed as part of a professional engagement, a tool or its output is general information and is not legal, accounting, tax, financial, employment, or other professional advice. You remain responsible for decisions, payments, communications, filings, hiring outcomes, and actions you take using the Service. We do not guarantee savings, profits, placements, compliance, or other business results.

6. Third-party services and events outside our control

Services may rely on hosting, email, identity, payment, analytics, anti-spam, AI, or other external providers. Their terms may apply separately. We do not control independent providers' systems, information, availability, security, pricing, or changes to their APIs.

To the extent permitted by law, we are not responsible for an independent third party's acts or omissions or failures outside our reasonable control. This does not exclude responsibility for our own conduct, provider selection, or contractual obligations where liability cannot lawfully be excluded. We will take reasonable steps to mitigate disruptions within our control.

7. Warranties and use at your own risk

Subject to the protected rights stated above and any express written commitments, Services are provided “as is” and “as available”. To the fullest extent permitted by law, we exclude implied contractual warranties about accuracy, completeness, availability, fitness for a particular purpose, compatibility, and results.

You should assess whether a Service is suitable for your circumstances, provide appropriate human oversight, and make contingency arrangements for critical operations. Free, trial, and beta features may change and should be evaluated before business-critical use.

8. Exclusions and limitations of liability

Subject to the exceptions below, and to the fullest extent permitted by law, we exclude liability arising from your use of, inability to use, or reliance on the Services, including liability in contract, tort (including negligence), or otherwise, for:

• downtime, outages, delays, failed access, interrupted workflows, or business interruption;
• loss, corruption, deletion, disclosure, duplication, inaccuracy, or unavailability of data, and the costs of recreating or recovering it;
• incorrect inputs, calculations, configurations, reports, recommendations, automated actions, or other outputs and decisions based on them;
• lost revenue, profits, anticipated savings, opportunities, contracts, customers, goodwill, reputation, or productivity;
• failed or delayed emails, notifications, integrations, synchronisation, migrations, imports, exports, transactions, or payments;
• unauthorised access, compromised credentials, malware, security incidents, or third-party failures, to the extent responsibility can lawfully be excluded; and
• indirect, incidental, special, consequential, exemplary, or punitive loss or damage, even if the possibility was disclosed.

Where liability for a claim can lawfully be limited but is not otherwise excluded, our total aggregate liability for claims relating to the affected Service is limited to the fees you paid us for that Service in the 12 months preceding the event giving rise to the claim. This cap does not apply to a remedy or liability that cannot lawfully be capped, and does not replace any more protective remedy required by law.

Exceptions: These exclusions and limits do not apply to fraud or wilful misconduct by us, or to any guarantee, obligation, loss, injury, remedy, or liability that applicable law does not permit us to exclude or limit. In particular, they do not remove your Australian Consumer Law rights. They are not intended to impose an unfair term on a consumer or small business.

Where section 64A of the Australian Consumer Law permits a limitation for a Service not ordinarily acquired for personal, domestic, or household use, our liability for failure to meet the relevant consumer guarantee is limited to supplying the Service again or paying the cost of having it supplied again, but only where that limitation is fair and reasonable and otherwise lawful. Where this limitation is unavailable, your statutory remedies remain available.

9. Intellectual property and confidentiality

We or our licensors retain rights in the Services, software, designs, documentation, and branding. Use does not transfer ownership. Do not copy, resell, or distribute them beyond the permission granted by your agreement or applicable law. Rights in bespoke work are determined by the relevant project agreement.

Respect confidential information and personal information belonging to others. Our privacy policy explains website information handling; product-specific privacy terms may also apply.

10. Fees, suspension, and ending access

Fees, billing periods, renewal terms, cancellation, refunds, and any data export arrangements are set out in the relevant product or engagement agreement. Nothing here creates an undisclosed charge or removes a legally required refund.

We may restrict access where reasonably necessary to address unlawful use, a material breach, non-payment under an applicable agreement, or a genuine security risk. We will give reasonable notice and an opportunity to remedy a breach where practicable; urgent risks may require immediate action. Any restriction should be proportionate to the issue.

If we discontinue a paid Service, we will provide reasonable notice and a reasonable opportunity to export available data where practicable, subject to legal and security restrictions. Refunds and other remedies remain subject to the applicable agreement and law. Liability, intellectual property, and other provisions intended to continue survive termination to the extent lawful.

11. Changes, disputes, and applicable law

We may update these terms for future use and will publish the revised date. Material changes to an existing paid agreement require the notice and acceptance process applicable to that agreement and law; posting an update alone does not retrospectively remove your rights.

Contact us first about a concern so we can attempt to resolve it. This does not prevent urgent legal action or contacting a regulator. Subject to mandatory local law, these terms are governed by the laws of New South Wales, Australia, with non-exclusive jurisdiction of its courts. This does not prevent you from bringing a claim in another jurisdiction where you have a mandatory right to do so.

If a provision is invalid or unenforceable, it is ineffective to that extent and the remaining provisions continue where they can operate lawfully.

12. Contact

For questions about these terms or a Service, use our Contact Us form.