Welcome to drawr. We are Greene Auto Pty Ltd (ABN 54 691 236 647), an Australian business (‘we’, ‘our’ or ‘us’) and we provide a mobile application and website that allow you to capture, store, organise, search and manage your receipts, warranties and purchase records, known as drawr. (Software).

These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of our Terms at drawr.com.au (Website). Please read these Terms carefully before agreeing to proceed with your Subscription.

Your Subscription is for the tiered package selected by you and agreed between us by means of the Software (Subscription Tier). We currently offer a free Subscription Tier and one or more paid Subscription Tiers, each as described in the Software.

Please note that if you subscribe to a paid Subscription Tier, your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you cancel your Subscription through your Apple App Store or Google Play account settings in accordance with clause 14. Please make sure you cancel through those settings if you do not want your Subscription to renew.

Please also note that the amount of User Data you can store, and how long we store it for, depend on your Subscription Tier and are set out in the Software. Storage on our free Subscription Tier is limited, and User Data may be deleted once those limits are reached. If you want to store more User Data, or to store it for longer, you will need to subscribe to a paid Subscription Tier.

1. READING AND ACCEPTING THESE TERMS

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
By creating an Account, ticking the boxes in the Software to confirm that you accept these Terms and our Privacy Policy and that you are at least 18 years old, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms, which form a binding contractual agreement between you, the individual who holds the Account (‘you’ or ‘your’), and us.
We may change these Terms at any time by notifying you. If a change is likely to have a material adverse effect on you, we will give you at least 10 Business Days’ notice before the change takes effect, and you may cancel your Subscription at any time before it takes effect in accordance with clause 14. Your continued use of the App after a change takes effect will represent an agreement by you to be bound by the Terms as amended.

2. ELIGIBILITY

By accepting these Terms, you represent and warrant that:
1. you have the legal capacity and authority to enter into a binding contract with us; and
2. you are authorised to use any payment method you use to acquire a paid Subscription Tier.
The Software is intended for use only by individuals who are at least 18 years old. By using the Software, you represent and warrant that you are at least 18 years old and that you have not previously been suspended or prohibited from using the Software.
Please do not access or use the Software if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Software.
Your Account is personal to you. You may use the Software for your personal purposes and to record the expenses of a business you operate, including by using a business expense profile within your Account. If you use the Software in connection with a business, you do so as the holder of the Account in your own name, and you remain personally responsible for complying with these Terms and for paying any Subscription Fees, whether or not that business is a company, partnership or other entity.

3. DURATION OF YOUR SUBSCRIPTION

Your Subscription and these Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continue until cancelled in accordance with clause 14.
If you are on our free Subscription Tier, your Subscription continues on an indefinite basis and no Subscription Fees are payable.
If you are on a paid Subscription Tier, the period you select when you subscribe (whether monthly or annual) is the Subscription Period. Upon expiry of the Subscription Period, your Subscription will automatically and indefinitely renew on an ongoing basis for a further period equal to the Subscription Period (Renewal Period), unless it is cancelled in accordance with clause 14.
Your Subscription will not automatically renew on expiry of the Subscription Period or a Renewal Period (Renewal Date) if you cancel it through your Apple App Store or Google Play account settings before the cut-off time applied by the relevant app store, which is generally at least 24 hours before the Renewal Date.
You will receive notice of an upcoming renewal, and of any change to the Subscription Fees, in the manner required by the Apple App Store or Google Play. We will also give you notice of any change to the Subscription Fees in accordance with clause 7.

4. THE APP

SCOPE OF YOUR SUBSCRIPTION AND THE APP
1. We will provide you, to the extent described in your Subscription Tier, the Software and the Documentation (App).
2. Your Subscription includes the benefits and limitations of your Subscription Tier as set out in the Software or on our Website, or as otherwise communicated to you when you subscribe (and as amended from time to time by notice to you).
ACCOUNTS
1. (Accounts) To use the App, you must sign up, register and receive an account through the Software (an Account).
2. (Provide Information) As part of the Account registration process and as part of your continued use of the Software, you may be required to provide personal information and details, such as your email address, your first and last name, a secure password, your mobile phone number (including for one-time password verification), subscription details, and other information as determined by us from time to time. Our Privacy Policy explains how we handle that information.
3. (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
4. (Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
DISCLAIMER
1. You acknowledge and agree that:
  1. any information provided to you as part of or in connection with the App is general in nature, may not be suitable for your circumstances and does not constitute financial, legal, taxation or any other kind of professional advice; and
  2. it is your responsibility to comply with applicable Laws relevant to you, including taxation Laws and any record-keeping requirements that apply to you or to a business you operate.
SOFTWARE
1. While your Subscription is maintained, we grant to you a personal, non-exclusive, non-transferable and revocable licence to use the Software and Documentation for your own use in accordance with these Terms. You must not make the Software or your Account available to any other person.
2. We may from time to time, in our absolute discretion, release enhancements to the Software, meaning an upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
3. We may change the features of the App from time to time. If a change is likely to have a material adverse effect on you, we will give you at least 10 Business Days’ notice before the change takes effect, and you may cancel your Subscription at any time before it takes effect in accordance with clause 14.
SUPPORT SERVICES
1. We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:
  1. we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control);
  2. we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;
  3. you are responsible for keeping your Account details and password secure and for all activity that occurs on your Account; and
  4. you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
RECEIPT CAPTURE AND IMPORT
1. (Receipt capture) The Software allows you to photograph a receipt using your device camera. The image is processed using optical character recognition and related artificial intelligence services in order to extract information such as the merchant, the date, the items purchased, the amounts and any GST. The image and the extracted information are then stored against your Account.
2. (Accuracy) You acknowledge and agree that optical character recognition and artificial intelligence services are not always accurate, that information extracted from a receipt may be incomplete, incorrect or misread, and that you are responsible for checking that information and correcting it where necessary. We do not warrant that any information extracted from a receipt is accurate or complete.
3. (Email and SMS import) If your Subscription Tier includes it, we will assign you a unique inbound email address and provide a dedicated number to which you may forward receipt emails and receipt SMS messages. Anything received at that address or number will be treated as User Data submitted by you. We keep the original email or text message you send, together with any attachments, so that you can access it in your Account and check the information we have extracted from it.
4. (My QR) We may provide you with a personal QR code, email address or SMS identifier that you can use to route receipts into your Account (My QR).
5. (Information about other people) You must only send us, or arrange to be sent to us, material that you are entitled to send. You warrant that you are entitled to provide us with any personal information about another person contained in anything you forward or arrange to be sent to us, including in email signatures, message threads and attachments, and that you have notified that person about our handling of their personal information where you are required by law to do so. You indemnify us against any loss or damage we suffer to the extent it arises out of a breach of this clause.
6. (Availability) We may change the inbound email address, dedicated number or My QR identifier assigned to you at any time on notice to you, and may apply reasonable limits on the volume of material you send. We do not guarantee that every message you forward will be received, parsed or converted into a record in your Account.
WARRANTY REMINDERS
1. (Warranty tracking) If your Subscription Tier includes it, the Software will calculate an estimated warranty expiry date using the purchase date and other information extracted from, or entered by you against, a receipt, and will send you reminders before that date.
2. (Reminders) You acknowledge and agree that warranty reminders are provided on a best endeavours basis and as a convenience only. We do not warrant that any estimated warranty expiry date is correct, that it reflects the warranty actually offered by a manufacturer or retailer, or that any reminder will be sent, delivered or received. Warranty periods, and the conditions attaching to them, are set by the manufacturer or retailer and not by us.
3. (Your responsibility) You remain responsible for knowing the terms of any warranty applicable to goods or services you purchase and for making any warranty or consumer guarantee claim within time. To the maximum extent permitted by law, we are not liable for any loss you suffer because a reminder was not sent, was sent late, was based on incorrect information or was not acted upon.
COMMUNICATIONS
1. (Service messages) You agree that we may send you messages relating to your Account, your Subscription and the operation of the Software, including warranty reminders, receipt processing notifications and security alerts, by email, SMS or push notification. These messages form part of the App, and while you hold an Account you may manage them only through the notification settings available in the Software.
2. (Marketing) We will only send you marketing communications where you have consented to receive them or we are otherwise permitted by law to send them. Every marketing communication will include a way to unsubscribe, and you may unsubscribe at any time.

5. DATA HOSTING AND STORAGE

We will store User Data you upload to the Software using third party hosting and processing services selected by us (Hosting Services), subject to the following terms:

(hosting location) You acknowledge and agree that we use cloud-based services to host the Software and store User Data. We currently store User Data in Australia. However, some of the third parties we use to operate the Software, including our optical character recognition, messaging and subscription management providers, are located or have related entities outside Australia and may access or process User Data overseas. Our Privacy Policy sets out further detail about this.
(service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
(security) We will use our best efforts to ensure that User Data is stored securely. However, other than to the extent caused by our failure to take reasonable steps, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
(backups and disaster recovery) In the event that User Data is lost due to a system failure (for example, a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects. You should not treat the Software as your only record of a receipt, warranty or purchase.
(storage limits) The amount of User Data we store, the number of receipts you may keep, and the period for which we store User Data, depend on your Subscription Tier and are described in the Software. Limits (including a maximum number of receipts you may store and a maximum period for which each receipt is stored, as described in the Software) apply on our free Subscription Tier, and User Data that exceeds those limits, or that has been stored for longer than the period applying to that tier, may be deleted and cannot be recovered. We may change the limits applying to a Subscription Tier in accordance with clause 4.1(b). If you are on a paid Subscription Tier, we store your User Data for as long as your paid Subscription continues, subject to any storage limits described in the Software.
(if your paid Subscription ends) If your paid Subscription or free trial ends and you remain on our free Subscription Tier, we will retain the User Data you uploaded while you held a paid Subscription or free trial and will make it available to you on a read only basis. We will not delete that User Data merely because your paid Subscription or free trial has ended. User Data you upload after that point is subject to the limits and storage periods in clause 5(e).
(notice of deletion) We will notify you before User Data is deleted under this clause where it is reasonably practicable for us to do so.

6. YOUR OBLIGATIONS

You agree to provide us with all information and assistance reasonably required by us to provide the App to you.

INFORMATION YOU PROVIDE
1. You warrant that all information and other Material you provide to us for the purpose of receiving the App is, so far as you are aware, complete, accurate and up-to-date.
2. You release us from all liability in relation to any loss or damage arising out of or in connection with the App, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.
ACCEPTABLE USE
1. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense to the extent it is caused by your breach.
2. You must not, and must not encourage or permit any other person to, without our prior written approval:
  1. upload material using the Software other than receipts, warranties, invoices, purchase records and information reasonably incidental to them;
  2. upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Software;
  3. use the Software for any purpose other than the purpose for which it was designed, including you must not use the App in a manner that is illegal or fraudulent or that facilitates illegal or fraudulent activity;
  4. upload any material that is owned or copyrighted by a third party, other than a receipt, warranty document, invoice or similar purchase record relating to a purchase made by you;
  5. make copies of the Documentation or the Software;
  6. adapt, modify or tamper in any way with the Software;
  7. remove or alter any copyright, trade mark or other notice on or forming part of the Software or Documentation;
  8. act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Software;
  9. use the Software in a way which infringes the Intellectual Property Rights of any third party;
  10. create derivative works from or translate the Software or Documentation;
  11. publish or otherwise communicate the Software or Documentation to the public, including by making it available online or sharing it with third parties;
  12. integrate the Software with third party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than integrating in accordance with any Documentation or instructions provided by us in writing;
  13. sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party, other than granting a User access as permitted under these Terms;
  14. decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
  15. share your Account or Account information, including log in details or passwords, with any other person and that any use of your Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security;
  16. make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without our express written consent;
  17. attempt to circumvent any technological protection mechanism or other security feature of the Software.
3. If you become aware of misuse of your Subscription by any person, any errors in your User Data, or any difficulty in accessing or using your Subscription, please contact us immediately at support@drawr.com.au.
4. You agree:
  1. to comply with each of your obligations in these Terms;
  2. that information given to you through the Software by us is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  3. that we may suspend or cancel your Account if we reasonably consider that you are in breach of, or are likely to breach, clause 6, and that we will first give you notice and a reasonable opportunity to remedy the breach unless it is not appropriate to do so in the circumstances.

7. FEES AND PAYMENT

SUBSCRIPTION FEES
1. The fees payable for a paid Subscription Tier are the amounts specified in the Software and on the Apple App Store or Google Play for that Subscription Tier (Subscription Fees). No Subscription Fees are payable for our free Subscription Tier.
2. Subscription Fees are payable in advance and, other than as required by law or as set out in clause 7.4, are non-refundable for change of mind.
3. Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period and at the beginning of every Renewal Period thereafter.
BILLING THROUGH THE APP STORES
1. You purchase and pay for a paid Subscription Tier through the Apple App Store or Google Play, and not directly from us. We do not collect, process or store your payment card details.
2. Your purchase is subject to the terms and conditions of the Apple App Store or Google Play (as applicable), including their payment, billing and refund policies, in addition to these Terms. Schedule 1 sets out additional terms that apply to your use of the Software as an application obtained from those stores.
3. Because payment is processed by the relevant app store, we cannot process payments, issue refunds or change your billing arrangements. You must use your Apple App Store or Google Play account settings to manage your Subscription, including to update your payment method or to cancel your Subscription.
AUTOMATIC RECURRING BILLING
1. Subject to the rest of this clause:
  1. Your Subscription will continue to renew on an automatic indefinite basis unless you cancel it in accordance with clause 14.
  2. While your Subscription is maintained, your Subscription Fees will continue to be charged at the beginning of each Renewal Period to the payment method held by the Apple App Store or Google Play account you used to subscribe.
  3. By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
CHANGES TO SUBSCRIPTION FEES
1. We may, from time to time, change our Subscription Fees. We will give you at least 10 Business Days’ notice before a change to your Subscription Fees takes effect. You may cancel your Subscription at any time before the change takes effect in accordance with clause 14, and if you do not cancel, the new Subscription Fees will apply from the start of the next Renewal Period.
FAILED PAYMENTS
1. If a Subscription Fee payment fails and is not resolved through your Apple App Store or Google Play account, your paid Subscription will end and your Account will revert to our free Subscription Tier. Clause 5(f) sets out what happens to your User Data in that case.
GST
1. Subscription Fees displayed in the Software and on the Apple App Store or Google Play are inclusive of GST.
FREE TRIALS
1. From time to time, we may offer a free trial Subscription Tier and, where this is the case, the following applies:
  1. (availability) only one free trial is available per person, as determined by your Apple App Store or Google Play account, we reserve the right to cancel a free trial where we reasonably believe it to be beyond the limit of one free trial per person;
  2. (duration and features) except where otherwise notified to you in writing, a free trial runs for 30 days from the day you begin the trial, and during the trial you have access to the features of the paid Subscription Tier you are trialling;
  3. (automatic conversion) except where you cancel your free trial, at the conclusion of such free trial your Subscription will automatically convert to the paid Subscription Tier you were trialling, the Subscription Period will begin, and the applicable Subscription Fees for that tier will be charged to your Apple App Store or Google Play account. The trial then continues as a paid Subscription in accordance with these Terms;
  4. (cancelling a free trial) you may cancel a free trial at any time before it ends through your Apple App Store or Google Play account settings. To avoid being charged, you must cancel before the cut-off time applied by the relevant app store, which is generally at least 24 hours before the trial ends. If you cancel before the trial ends, you will not be charged and your Account will revert to our free Subscription Tier; and
  5. (your User Data) If you cancel a free trial, the User Data you uploaded during the trial is treated in the same way as User Data uploaded during a paid Subscription that has ended, as set out in clause 5(f).

8. INTELLECTUAL PROPERTY AND DATA

SOFTWARE CONTENT INTELLECTUAL PROPERTY
1. (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Software (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Software Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
2. (Licence to you) You are granted a licence to use the Software Content for your own use in accordance with these Terms, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law.
USER DATA
1. You own, and retain ownership of, all Intellectual Property Rights in your User Data. Nothing in these Terms transfers ownership of your User Data to us.
2. You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable and worldwide licence to use, store, copy, transmit and process User Data to the extent reasonably required to provide the App to you, to provide support and to keep the App secure.
3. We may also use User Data in a de-identified and aggregated form, from which you and any other individual cannot reasonably be identified, to analyse and improve the App and our other products and services. We will not otherwise use your User Data to train machine learning models or to generate commercial insights, and we will not sell your User Data.
4. We may remove any User Data which we reasonably consider to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist, or which is uploaded in breach of these Terms. Where it is practicable to do so, we will notify you before we remove User Data.
5. You are responsible for ensuring that all User Data you upload is appropriate and is not uploaded in contravention of these Terms. You may delete User Data from your Account at any time, including where you have uploaded something by mistake.
6. You:
  1. warrant that our use of User Data will not infringe any third party Intellectual Property Rights; and
  2. indemnify us from and against all losses, claims, expenses, damages and liabilities which arise out of such infringement, to the extent caused by you.

9. THIRD PARTY SOFTWARE & TERMS

THIRD PARTY TERMS
1. We use third party goods and services to provide the App, including cloud hosting, optical character recognition, messaging and subscription management services. Where you deal with a third party directly, including the Apple App Store and Google Play, you may be subject to the terms and conditions of that third party (Third Party Terms).
2. You agree to any Third Party Terms applicable to any goods or services you acquire directly from a third party in connection with the App, and we will not be liable for any loss or damage suffered by you in connection with those Third Party Terms.
SOFTWARE INTEGRATIONS
1. You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together. We cannot guarantee that integration processes between the Software and other software programs, including email and messaging services, will be free from errors, defects or delay.
2. You agree that we will not be liable for the functionality of any third party goods or services, including any third party software, email service or messaging service used to send material to the Software.

10. CONFIDENTIALITY

Except as contemplated by these Terms, we must not, and must not permit any of our Personnel to, use or disclose to any person any Confidential Information of yours (including your User Data) without your prior written consent, other than where we are required to do so by law.
We must promptly notify you if we learn of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of, your Confidential Information, or of any other compromise of the security, confidentiality or integrity of your Confidential Information.
We will investigate each potential, actual or suspected breach of confidentiality and will comply with our obligations under applicable privacy Laws, including any notification obligations that apply to us.

11. PRIVACY

We collect personal information about you in the course of providing you with the App, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at drawr.com.au
Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
By agreeing to these Terms, you consent to our handling of personal information in accordance with our Privacy Policy.

12. LIABILITY

WARRANTIES AND LIMITATIONS
1. (Warranties) We warrant that:
  1. during the Subscription Period, the App will be provided as described to you in, and subject to, these Terms; and
  2. to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
2. (Errors) We will use our best reasonable efforts to correct any errors, bugs or defects in the Software which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:
  1. result from the interaction of the Software with any other App or computer hardware, software or services not approved in writing by us;
  2. result from any misuse of the Software; or
  3. result from the use of the Software by you other than in accordance with these Terms or the Documentation.
3. (Service Limitations) While we will use our best endeavours to ensure the App is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
  1. the App may have errors or defects;
  2. the App may not be accessible at times;
  3. messages sent through the App may not be delivered promptly, or delivered at all;
  4. information you receive or supply through the App may not be secure or confidential; or
  5. any information provided through the App may not be accurate or true.
4. (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
5. (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or by any other applicable law that cannot be excluded, restricted or modified by agreement.
liability
1. To the maximum extent permitted by law and subject to clause 12.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the App is limited to the greater of the total Subscription Fees paid by you in the 12 months preceding the date of the event giving rise to the relevant liability, and $500.
2. Clause 12.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:
  1. clause 6 (your obligations);
  2. clause 4.6(e) (information about other people); or
  3. clause 8.2 (your warranty about User Data).
CONSEQUENTIAL LOSS
1. To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:
  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

13. UPGRADES AND DOWNGRADES

You may upgrade or downgrade your Subscription Tier at any time through your Apple App Store or Google Play account settings. If you do, we will:
1. take reasonable steps to promptly provide you with access to the new Subscription Tier; and
2. apply the Subscription Fees for the new Subscription Tier from the start of the Renewal Period immediately following the change, unless the relevant app store applies them earlier.
If you downgrade your Subscription Tier, access to the features of the new Subscription Tier and the new Subscription Fees will take effect at the start of the next Renewal Period, unless we or the relevant app store notify you otherwise. We generally do not pro-rate downgrades in between Renewal Periods.
If you downgrade your Subscription Tier, you acknowledge and agree that you may lose access to features and capacity. Clause 5(f) sets out what happens to User Data you uploaded while you held a paid Subscription.

14. Intellectual Property

14.1 The App, including its software, design, text, graphics, logos, the “drawr” name and branding, and all underlying technology, is owned by us or our licensors and is protected by copyright, trade mark, and other intellectual property laws.

14.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal or internal business use.

14.3 You retain ownership of the Content you upload to the App, such as your receipt images and PDFs. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and process your Content solely to provide and improve the Service to you, including using the OCR and AI tools described above.

14.4 We may use de-identified, aggregated data derived from Content, from which you cannot reasonably be identified, to analyse, maintain, and improve the App. We will not sell your identifiable Content to third parties.

14.5 Nothing in these Terms transfers any intellectual property rights in the App to you, other than the limited licence described above.

15. CANCELLATION

cancellation at any time
1. You may cancel your Subscription at any time. If you are on a paid Subscription Tier, you must cancel through your Apple App Store or Google Play account settings, and your cancellation will take effect at the end of the then current Subscription Period or Renewal Period. If you are on our free Subscription Tier, you may cancel by deleting your Account in the Software or by contacting us at support@drawr.com.au. We may cancel or terminate your Subscription for convenience by providing you with at least 30 days’ notice. If you delete your Account, the closure of your Account and the treatment of your User Data are subject to clause 14.3, including the 30 day period during which you may ask us to restore your Account or provide a copy of your User Data.
cancellation for breach
1. Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms by the other party.
2. A “Breach” of these Terms means:
  1. a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;
  2. the other party is given 10 Business Days to rectify the breach; and
  3. the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
EFFECT OF TERMINATION
1. Upon termination of this agreement:
2. your Account will be closed and, subject to clause 14.3(b), you will no longer have access to the Software or your User Data;
3. we will retain your User Data for 30 days after termination, during which time you may contact us at support@drawr.com.au to request a copy of your User Data or to have your Account reinstated. After that 30 day period we will delete or de-identify your User Data in accordance with our Privacy Policy, and it cannot be recovered, other than any User Data we are required to retain by law;
4. to the maximum extent permitted by law, no Subscription Fees already paid will be refundable, however you will not be charged any further Subscription Fees after the end of the Subscription Period or Renewal Period in which your cancellation takes effect; and
5. each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including clauses 8 (Intellectual Property and Data), 10 (Confidentiality) and 12 (Liability).

16. DISPUTE RESOLUTION

We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
1. reasonable details of the Force Majeure Event; and
2. so far as is known, the probable extent to which we will be unable to perform, or be delayed in performing, our obligations under this agreement.
Subject to compliance with clause 16(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
For the purposes of this agreement, a ‘Force Majeure Event’ means any:
1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
2. strikes or other industrial action outside of the control of us;
3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.

17. NOTICES

A notice or other communication to a party under these Terms must be:
1. in writing and in English; and
2. delivered via email to the other party, being support@drawr.com.au in our case and the email address associated with your Account in your case, or such other email address as a party notifies to the other (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a day that is not a Business Day, in which case the notice will be taken to be given on the next occurring Business Day; or
2. when replied to by the other party,
  whichever is earlier.

18. GENERAL

GOVERNING LAW AND JURISDICTION
1. This agreement is governed by the law applying in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Nothing in this clause prevents you from bringing proceedings in the courts of the State or Territory in which you are resident.
WAIVER
1. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
1. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
1. You cannot assign, novate or otherwise transfer any of your rights or obligations under this agreement without our prior written consent. We may assign or novate this agreement to a purchaser of our business, provided your rights under these Terms are not materially adversely affected.
ENTIRE AGREEMENT
1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (currency) a reference to $ or ‘dollar’ is to Australian currency;
3. (gender) words indicating a gender includes the corresponding words of any other gender;
4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
7. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
8. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
11. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DEFINITIONS

Term	Definition
Account	has the meaning given in clause 4.2(a).
Business Day	means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
Confidential Information	means information of or provided by a party that is by its nature is confidential information, is designated by that party as confidential, or that the other party knows or ought to know is confidential, but does not include information, which is or becomes, without a breach of confidentiality, public knowledge.
Documentation	means all help files, in-app guides and other materials supplied by us to you relating to the Software, whether in electronic or hardcopy form.
Hosting Services	has the meaning given in clause 5.
Intellectual Property Rights	means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
Laws	means all applicable laws, regulations, codes and mandatory industry standards in force from time to time in Australia.
Material	means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.
My QR	has the meaning given in clause 4.6(d).
Personnel	means, in respect of a party, its officers, employees, contractors (including subcontractors) and agents.
Renewal Date	has the meaning given in clause 3(d).
Renewal Period	has the meaning given in clause 3(c).
Software	has the meaning given in the first paragraph of these Terms.
Software Content	has the meaning set out in clause 8.1(a).
App	has the meaning set out in clause 4.1.
Subscription	has meaning given in the first paragraph of these Terms.
Subscription Fees	has the meaning set out in clause 7.1(a).
Subscription Period	has the meaning given in clause 3(c).
Subscription Tier	has the meaning given in the first paragraph of these Terms.
Support Services	has the meaning given in clause 4.5.
User	means you, as the holder of an Account.
User Data	means any files, data, documents, images, information or other Materials which are uploaded to the Software by you, which are sent to the Software using an inbound email address, dedicated number or My QR identifier assigned to your Account, or which you otherwise provide to us under or in connection with these Terms, including any Intellectual Property Rights attaching to those materials.
Website	means drawr.com.au and any other website operated by us in connection with the App.

SCHEDULE 1

ADDITIONAL TERMS FOR APPLE APP STORE AND GOOGLE PLAY

These additional terms apply where you download or use the Software as an application obtained from the Apple App Store or Google Play. If there is any inconsistency between these additional terms and the rest of these Terms, these additional terms apply to the extent of the inconsistency in relation to the relevant app store.

Drawr. – Apple App Store Specific Terms

Payment, Subscriptions & Billing (Apple)

The drawr. app is available for free download from the Apple App Store. The App may offer in-App purchases and auto-renewing subscriptions. All payments made through the Apple App Store are processed, controlled, and managed by Apple, not by drawr.

Payment will be charged to your iTunes/Apple ID Account at confirmation of purchase.
Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period.
Your account will be charged for renewal within 24 hours prior to the end of the current period, at the price you agreed to for the applicable plan.
You can manage your subscription and turn off auto-renewal at any time by going to your iTunes/Apple ID Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited once you purchase a subscription.
No refund will be issued for the unused portion of any subscription term, except as required by Apple’s refund policies or applicable law. Refund requests for Apple App Store purchases must be directed to Apple, as drawr. does not have access to process Apple App Store payments directly.

Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (“ACL”), or any other applicable law that cannot lawfully be excluded, restricted, or modified. Where the ACL applies, our liability for a failure to comply with a consumer guarantee is limited, at our option, to the resupply of the Services or a refund, except where such limitation is not permitted under the ACL.

Apple App Store billing, refund, and cancellation processes described above operate alongside, and do not limit, your rights under the ACL. If a payment made through the Apple App Store does not resolve a claim you are entitled to make under the ACL, you may contact drawr. directly at [support email] to have that claim assessed.

Prices displayed for Australian users are inclusive of GST (Goods and Services Tax) where applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless stated otherwise.

Apple-Required Acknowledgements

This Agreement is between you and drawr. only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App or its content.
The license granted to use the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the App Store’s Usage Rules.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
In the event of a third-party claim that the App infringes another party’s intellectual property rights, drawr., not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
You represent that you are not located in a country subject to a U.S. Government embargo, and that you are not on any U.S. Government list of prohibited or restricted parties.

Terms of Use