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Terms of Service

Effective Date: [EFFECTIVE_DATE]
Last Updated: [EFFECTIVE_DATE]

1. Definitions and Interpretation

1.1 In these Terms:

1.2 Headings are for convenience only and do not affect the interpretation of these Terms. The word "including" is not a word of limitation.

2. Agreement

2.1 These Terms form a binding agreement between the Company, an Australian business, and the Customer in relation to the Customer's use of Clearmint.

2.2 By creating an Account, purchasing a Licence or using Clearmint, the Customer agrees to be bound by these Terms. A person who does not agree to these Terms must not use Clearmint.

2.3 The Privacy Policy and the Refund Policy form part of these Terms and are to be read together with them.

3. Description of Clearmint

3.1 Clearmint is a budgeting and financial projection tool. The Customer enters their own figures, including income, expenses, assets, debts and goals, and Clearmint organises those figures, displays totals and breakdowns, projects future values and generates a PDF report.

3.2 Clearmint operates in a web browser. The Customer may also add Clearmint to their device's home screen from within the application's settings, in which case it presents and operates in the manner of an installed application. The product is the same in either case.

4. Limitations of Clearmint

4.1 Clearmint does not connect to any bank. It has no bank feeds or open banking integration, and cannot move money, make payments or transact on the Customer's behalf.

4.2 Clearmint will never request the Customer's banking credentials, and the Customer must not provide them.

4.3 Clearmint does not hold the Customer's money. Neither Clearmint nor the Company is a bank, payment service provider, broker or financial institution.

5. No Financial Advice

Important: the Customer should read this clause carefully.

5.1 Clearmint provides general information and calculation tools only. It does not provide financial product advice, investment advice, tax advice, credit advice or legal advice, and nothing in Clearmint or on the Company's website is to be taken as such advice.

5.2 Without limiting clause 5.1:

(a) No licence. The Company does not hold an Australian Financial Services Licence or any equivalent licence in any other jurisdiction, and is not authorised to provide personal financial product advice.

(b) No personal circumstances. Clearmint does not take into account the Customer's objectives, financial situation or needs. Every output is the mathematical result of the figures the Customer enters, and Clearmint cannot determine whether those figures are realistic, complete or correct.

(c) Projections are estimates only. The investment and goal calculators apply standard compound interest and division formulas to the figures and rates the Customer supplies, and assume those rates remain constant for the whole period. Actual returns vary and may be negative, and past performance is not an indicator of future performance. A projection illustrates the operation of a formula and is not a forecast of the outcome of any investment.

(d) No recommendation. Clearmint does not recommend any financial product, investment, share, fund, property, loan or strategy. Where Clearmint uses terms such as "ETF" or "Savings", those terms describe a category of input and do not endorse any product.

(e) Professional advice. Before making any financial decision, the Customer should consider obtaining advice from a licensed financial adviser, accountant or other appropriately qualified professional who can take the Customer's circumstances into account.

5.3 The Customer is responsible for the accuracy of the Customer Data and for any decision the Customer makes. The Company is not responsible for decisions made on the basis of Clearmint's output.

6. Accounts

6.1 An Account is required to use Clearmint, so that the Customer Data is available on any device from which the Customer signs in.

6.2 The Customer must provide accurate information when registering, keep their password confidential, and not share their Account with any other person. The Customer is responsible for all activity that occurs under their Account, and must notify the Company at the Support Email as soon as they become aware of any unauthorised use.

6.3 Devices. An Account is for use by one person. The Customer may use their Account on any number of their own devices, including phones, tablets, laptops and desktop computers, whether in a browser or added to a home screen. There is no limit on the number of devices. The Customer must not share their login credentials with any other person, or operate the Account on behalf of more than one person.

6.4 Minimum age. A person must be at least sixteen (16) years of age to create an Account.

7. Licence and Lifetime Access

7.1 On payment of the Purchase Price, the Company grants the Customer a personal, non-exclusive and non-transferable licence to use Clearmint for as long as the Company offers it. No subscription, renewal or recurring charge applies, and the Company will not seek further payment for the features covered by the purchase.

7.2 The following applies to the lifetime nature of the Licence:

(a) Meaning of "lifetime". "Lifetime" refers to the lifetime of Clearmint, not of any person. The Customer's access continues without further payment for as long as Clearmint operates.

(b) Cessation of Clearmint. The Company is not obliged to operate Clearmint indefinitely.

(c) Non-transferable. The Customer may not sell, assign or otherwise transfer their Licence or Account to any other person.

7.3 Future pricing. The Company may in future introduce a subscription offering. Any such offering will apply to new customers only. A Customer who has purchased a Licence will not be moved onto a subscription, and will not be charged again for the access the Licence provides. This clause 7.3 survives any amendment to these Terms.

8. Customer Data

8.1 The Customer retains ownership of the Customer Data, and the Company does not claim ownership of it.

8.2 The Customer grants the Company a limited permission to store, synchronise, back up and display the Customer Data, solely for the purpose of operating Clearmint. The Company does not sell the Customer Data. Further detail is set out in the Privacy Policy.

8.3 Backups. The Customer may generate a PDF report from Clearmint at any time. Although the Company takes reasonable steps to protect the Customer Data, the Customer should not rely on any single service as the only copy of information that is important to them.

9. Acceptable Use

9.1 The Customer must not:

(a) share, sell, rent, sublicense or otherwise make their Account available to any other person;

(b) copy, modify, reverse engineer, decompile or attempt to derive the source code of Clearmint, except to the extent that such a restriction is prohibited by law;

(c) scrape, crawl or use automated tools to extract data from Clearmint;

(d) resell Clearmint, or offer it as part of a service to others, without the Company's prior written consent;

(e) attempt to gain unauthorised access to Clearmint, any other Customer's Account or the Company's systems;

(f) interfere with the operation of Clearmint, or use it to distribute malware or unlawful content; or

(g) use Clearmint for any unlawful purpose or in breach of any applicable law.

9.2 If the Customer breaches this clause 9, the Company may suspend or terminate the Customer's access.

10. Availability

10.1 The Company aims to keep Clearmint available and operating correctly, but does not guarantee that it will be uninterrupted or error-free. Clearmint may be unavailable during maintenance, as a result of faults in systems on which the Company relies, or for reasons outside the Company's control.

10.2 The Company may change, add to or remove features from time to time.

11. Third-Party Services

11.1 Clearmint relies on third-party service providers, including Stripe for payments, Supabase for accounts and data storage, Cloudflare for hosting and Resend for email. The performance of those providers is outside the Company's control, and the Company is not liable for their acts or omissions, except to the extent that the law makes the Company responsible.

12. Intellectual Property

12.1 Clearmint, including its software, design, layout, text and graphics, the Clearmint name and logo, and the tagline "Clear Today. Better Tomorrow.", is owned by the Company and protected by intellectual property laws.

12.2 The purchase of a Licence grants the Customer a licence to use Clearmint only, and does not transfer ownership of any intellectual property.

13. Suspension and Termination

13.1 By the Customer. The Customer may stop using Clearmint at any time. The Customer may delete their Account from within Clearmint, or request deletion by writing to the Support Email. Deleting an Account permanently removes the Account and its associated data and ends the licence granted under these Terms. Access cannot be restored, and regaining access requires a new purchase. As Clearmint is a one-off purchase, there is no subscription to cancel. Deleting an Account is not a request for a refund and does not result in one. Refunds are governed by the Refund Policy, which provides a change-of-mind refund that may be requested from within Clearmint during the period specified in that policy.

13.2 By the Company. The Company may suspend or terminate the Customer's access if the Customer materially breaches these Terms, if the Company is required to do so by law, or if the Company ceases to operate Clearmint.

14. Amendments

14.1 The Company may amend these Terms from time to time, in which case the "Last Updated" date will be revised.

14.2 The Customer's continued use of Clearmint after an amendment takes effect constitutes acceptance of the amended Terms.

14.3 Clause 7.3 cannot be amended to the Customer's detriment.

15. Consumer Guarantees and Limitation of Liability

15.1 Australian Consumer Law. Where the Customer is a consumer in Australia, Clearmint comes with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies those guarantees, and nothing in this clause 15 is to be read as attempting to do so.

15.2 The Customer's remedies under the ACL, including remedies for major and minor failures and compensation for any other reasonably foreseeable loss or damage, and the process for making a claim, are set out in clauses 6 and 9 of the Refund Policy.

15.3 Consumers outside Australia. Consumer protection laws vary between jurisdictions. Where the law of the Customer's country of residence confers rights that cannot be excluded, those rights apply, and nothing in these Terms limits them.

15.4 Limitation of liability. To the extent permitted by law, and subject always to clauses 15.1 to 15.3:

(a) the Company is not liable for any indirect or consequential loss, loss of profits, loss of opportunity or loss of data, however caused;

(b) the Company is not liable for any financial decision made by the Customer, or for any outcome that differs from a projection generated by Clearmint (see clause 5); and

(c) the Company's total aggregate liability to the Customer for all claims is limited to the Purchase Price paid by the Customer.

16. Governing Law and Jurisdiction

16.1 These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

16.2 Where the Customer is a consumer, nothing in this clause 16 deprives the Customer of the protection of any mandatory law of their country of residence.

17. General

17.1 Severance. If any provision of these Terms is found to be unenforceable, that provision is severed and the remaining provisions continue to apply.

17.2 Waiver. A delay or failure by the Company in enforcing any right under these Terms does not constitute a waiver of that right.

17.3 Entire agreement. These Terms, together with the Privacy Policy and the Refund Policy, constitute the entire agreement between the Company and the Customer in relation to Clearmint.

18. Contact

18.1 Enquiries regarding these Terms may be directed to:

[ENTITY_NAME] (ABN [ABN])
Email: [SUPPORT_EMAIL]

clearmint.app