You own your data. We run the service honestly and securely. Pay your subscription on time. Don't use DfDynamo to do anything harmful or unlawful. Either of us can end the relationship, but we'll be fair about it. Australian law governs everything.
When we say "Company", "we", "our", or "us", we mean Evanscorp Pty Limited (ABN: 57 689 088 050).
When we say "Service", we mean DfDynamo, including the web application, any APIs, and related documentation and support.
When we say "you" or "your", we mean the person or organisation that has created an account with DfDynamo.
When we say "account owner", we mean the person or organisation that signed up for and is responsible for the DfDynamo account, including payment obligations.
You must be at least 18 years old to use DfDynamo. By creating an account, you represent that you are at least 18 and that you have the legal capacity to enter into a binding agreement.
If you are creating an account on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.
You are responsible for maintaining the security of your account credentials. You must not share your password or allow others to access your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.
You are responsible for all activity that occurs under your account, including the actions of any users you invite or permit to access your account.
If you become aware of any unauthorised access to your account, please notify us immediately at support@dfdynamo.com.
You own your data. Any content you upload, create, or store in DfDynamo remains yours. We claim no intellectual property rights over it.
How we use your data. We access your data only to provide and support the Service, as described in our Privacy Policy. We do not sell your data, share it with third parties for their own purposes, or use it for advertising.
Data portability. You can export your data at any time through the Service. We will provide your data in a standard, machine-readable format on request.
Deletion. When you cancel your account, your data will be inaccessible immediately and will be permanently deleted from active systems within 30 days, and from backups within 60 days. We cannot recover data once it has been permanently deleted.
You agree to use DfDynamo lawfully and in good faith. You must not use DfDynamo to:
We reserve the right to suspend or terminate accounts that violate these terms.
Subscription fees. DfDynamo is offered on a subscription basis. Current pricing is set out at [dfdynamo.com/pricing]. We may update pricing from time to time, with at least 30 days' notice to existing subscribers before any increase takes effect.
Billing. We bill in advance for each subscription period. Payment is due at the start of each period.
Failed payments. If payment fails, we will notify you and provide a reasonable grace period to resolve the issue before suspending access to the Service.
No refunds for partial periods. If you cancel your subscription before the end of a paid period, your access continues until the end of that period and you will not be charged again. We do not provide refunds for unused time in the current period except where required by the Australian Consumer Law.
Australian Consumer Law. Nothing in this section excludes your rights under the Competition and Consumer Act 2010 (Cth), including any rights to a refund where the Service does not meet a consumer guarantee.
We aim to make DfDynamo available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. We may need to take the Service offline for maintenance, upgrades, or circumstances beyond our control.
Where possible, we will provide advance notice of planned downtime.
DfDynamo, including its software, design, and documentation, is owned by Evanscorp Pty Limited and protected by Australian and international copyright law. You may not copy, reverse-engineer, decompile, or create derivative works based on DfDynamo without our express written permission.
Your use of DfDynamo does not grant you any ownership of or intellectual property rights in the Service itself.
If DfDynamo offers an API, your use of the API is subject to these terms plus any additional API-specific terms we publish. We are not liable for any loss or damage arising from your use of the API or any third-party integration that accesses DfDynamo via the API.
Your use of DfDynamo is also governed by our Privacy Policy, which is incorporated into these terms by reference. By using DfDynamo, you agree to the collection and use of your information as described in the Privacy Policy.
To the extent permitted by law, DfDynamo is provided on an "as is" and "as available" basis. We make no representations or warranties, express or implied, regarding the fitness of the Service for a particular purpose or that the Service will be uninterrupted or error-free.
Nothing in these terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
Subject to the above, to the maximum extent permitted by law, our total liability to you for any claim arising from these terms or your use of DfDynamo is limited to the amount you have paid us in the 12 months preceding the claim.
We are not liable for any indirect, incidental, special, or consequential loss, including loss of data, loss of revenue, loss of profits, or loss of opportunity, even if we have been advised of the possibility of such loss.
You agree to indemnify and hold harmless Evanscorp Pty Limited and its officers, employees, and contractors from any claim, loss, damage, or expense (including reasonable legal costs) arising from your breach of these terms or your unlawful use of DfDynamo.
By you. You may cancel your account at any time through the Service or by contacting us. Cancellation takes effect at the end of your current billing period.
By us. We may suspend or terminate your account if you breach these terms, fail to pay, or use the Service in a way that harms others or creates legal risk for us. We will provide reasonable notice where possible, except where immediate suspension is necessary to protect the Service or other users.
Effect of termination. Upon termination, your right to access the Service ends immediately. Your data will be deleted as described in the "Your data" section above.
We may update these terms from time to time. If we make material changes, we will notify you by email or by a prominent notice within DfDynamo at least 30 days before the change takes effect. Your continued use of the Service after that date constitutes acceptance of the updated terms.
These terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia for any disputes arising from these terms or your use of DfDynamo.
We would always prefer to resolve disputes informally first. If you have a concern, contact us at support@dfdynamo.com and we will do our best to resolve it promptly.
Questions, concerns, or requests about this policy:
Privacy Officer
Evanscorp Pty. Limited
Email: privacy@dfdynamo.com
Mail: PO Box 515, Wollongong NSW 2520 Australia