Terms of Service

1. Agreement

These Terms of Service ("Terms") form a binding agreement between Mount Bensley Pty Ltd (ACN 686 491 476, ABN 92 686 491 476), which operates the Solstral platform ("Solstral", "we", "us") and the entity or person accepting them ("you", "Customer"). By creating a workspace, accessing the service at app.solstral.com, or clicking accept, you agree to these Terms. If you accept on behalf of an organisation, you warrant you have authority to bind it. Mount Bensley Pty Ltd also trades under the registered business name Adcrayons.

2. The service

Solstral provides a hosted customer relationship management and marketing platform, including record management, pipelines, email campaigns, automation, forms, chat and reporting (the "Service"). We may improve or modify features, provided we do not materially reduce the core functionality you have paid for during a subscription term.

3. Accounts and workspaces

You must provide accurate registration information and keep credentials secure. You are responsible for all activity in your workspace, including activity by users you invite. Workspace owners and admins control member roles and permissions. You must notify us promptly at [email protected] of any suspected unauthorised access.

4. Your data

You retain all right, title and interest in data you or your users submit to the Service ("Customer Data"). You grant us a licence to host, process, transmit and display Customer Data solely to provide the Service, prevent abuse, and comply with law. You may export Customer Data as CSV at any time. We do not sell Customer Data and do not use it to train machine-learning models.

5. Your responsibilities

You warrant that: (a) you have lawful grounds (including consent where required) to store and process the personal information of your contacts; (b) your use of email features complies with the Acceptable Use Policy, the Spam Act 2003 (Cth) and any equivalent law that applies to your recipients; and (c) you will not use the Service to store data you are not permitted to hold.

6. Fees and billing

Paid plans are billed in advance, monthly or annually, based on the plan and contact tier selected. Contact counts are measured as active (non-archived, non-suppressed) records in your contact object. If you exceed your tier, we will prompt you to upgrade; we do not delete data for overage. Fees are non-refundable except where required by law, including the Australian Consumer Law. Prices may change with at least 30 days' notice, effective from your next renewal.

7. Term, suspension and termination

Subscriptions renew automatically until cancelled. You may cancel at any time, effective at the end of the current billing period. We may suspend the Service for material breach (including AUP violations) with notice where practicable, and may terminate for breach unremedied within 14 days of notice. On termination, we make Customer Data available for export for 30 days, after which it is deleted per the DPA.

8. Intellectual property

We own the Service, its software and branding. You receive a non-exclusive, non-transferable right to use the Service during your subscription. Feedback you provide may be used to improve the Service without obligation.

9. Warranties and disclaimers

We warrant the Service will perform materially as described. Otherwise, to the maximum extent permitted by law, the Service is provided "as is" and we disclaim implied warranties. Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law; where liability cannot be excluded, it is limited to re-supply of the Service where permitted.

10. Liability

Neither party is liable for indirect, incidental or consequential loss. Each party's aggregate liability under these Terms is capped at the fees paid by you in the 12 months preceding the claim. These caps do not apply to your payment obligations, either party's indemnity for wilful misconduct, or infringement of the other's intellectual property.

11. Indemnity

You indemnify us against third-party claims arising from Customer Data or your breach of the Acceptable Use Policy. We indemnify you against third-party claims that the Service, as provided, infringes Australian intellectual property rights, provided you notify us promptly and allow us to control the defence.

12. Third-party integrations

The Service can connect to third-party services you authorise — for example, Google or Microsoft calendars for scheduling and meetings, or your own Instagram, Facebook, WhatsApp Business and Threads accounts for social engagement. When you connect an integration, you authorise us to access and process data from that service only as needed to provide the connected feature, and your use of the third-party service remains subject to that provider's own terms and privacy policy. Our access to and use of Google user data is described in our Privacy Policy and adheres to the Google API Services User Data Policy, including the Limited Use requirements. Our access to and use of data received from Meta's APIs is described in our Privacy Policy and adheres to the Meta Platform Terms and Developer Policies. You warrant that you own or administer any account you connect, and that you have the consent required by the relevant platform before messaging a person through it. Connecting an integration is optional, and you can disconnect it at any time, which revokes our access.

13. General

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts. We may update these Terms with 30 days' notice for material changes; continued use after the effective date constitutes acceptance. Neither party may assign without consent, except to an affiliate or in connection with a merger or sale. If any provision is unenforceable, the remainder stands.