Terms of Service

1. The Service

Flashing Designer is a software-as-a-service (SaaS) platform that allows trade businesses ("Subscribers") to:

• Provide their customers with a public-facing flashing design portal
• Receive, review, and price flashing orders submitted by their customers
• Export quotes, manufacturing documents, and packing lists
• Manage pricing matrices and customer accounts

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By registering, you represent that you meet these requirements and that all information you provide is accurate.

3. Subscriptions, Billing and Trial

3.1 Trial Period

New subscribers receive a 90-day trial period. A valid credit card is required to start the trial. You will not be charged until the trial ends. You may cancel at any time during the trial without being charged.

3.2 Subscription Fees

After the trial period, your chosen plan is billed in advance on a monthly or annual basis (as selected). Fees are displayed in USD excluding applicable taxes. You authorise us to charge your payment method on a recurring basis.

3.3 Price Changes

We may change subscription prices with at least 30 days' notice. Continued use after the notice period constitutes acceptance of the new price. Existing subscribers will be grandfathered on their current rate unless you upgrade or downgrade your plan.

3.4 Refunds

Subscription fees are non-refundable except as required by applicable Australian consumer law. If you cancel, you retain access until the end of the current billing period.

3.5 Cancellation

You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period. We may suspend or terminate your account for non-payment.

4. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at sales@unda.com.au if you suspect unauthorised access.

You must not share your account with others (outside of your permitted seat allocation) or allow competitors to use the Service under your account.

5. Your Customer Data

You retain ownership of all data you and your customers input into the Service ("Customer Data"). You grant us a limited licence to store, process, and transmit Customer Data solely to provide the Service to you.

You are responsible for:

• Ensuring you have the right to collect and use your customers' personal information
• Providing your customers with a privacy notice about how their data is used
• Complying with the Privacy Act 1988 (Cth) and Australian Privacy Principles with respect to your customers' data

6. Acceptable Use

You must not use the Service to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Transmit malware, spam, or harmful code
• Attempt to gain unauthorised access to our systems or data
• Resell, sublicense, or white-label the Service without our written consent
• Use the Service in any way that could damage, disable, or impair it

We reserve the right to suspend or terminate accounts that violate these conditions.

7. Intellectual Property

The Service, including all software, designs, trademarks, and content we provide, is owned by us or our licensors and is protected by Australian and international intellectual property laws. These Terms do not transfer any ownership rights to you.

You retain all rights to your Customer Data and any content you create using the Service (e.g. your flashing designs, quotes, branding).

8. Availability and Service Changes

We aim to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or changes to the Service at any time. We will provide reasonable notice of significant changes where possible.

We reserve the right to discontinue features or the Service with reasonable notice. If we discontinue the Service entirely, we will provide at least 30 days' notice and a pro-rata refund of any prepaid fees.

9. Disclaimer of Warranties

To the maximum extent permitted by Australian law, the Service is provided "as is" and "as available" without warranty of any kind. We do not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements.

Nothing in these Terms excludes any guarantee, warranty, or consumer right that cannot be excluded under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010). Our liability for failure of a major consumer guarantee under the ACL is limited to re-supplying the service or refunding the price paid.

10. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or the Service is limited to the fees you paid us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if we have been advised of the possibility of such damages.

We are not liable for the accuracy of pricing estimates shown to your customers via the public designer portal — these are estimates only and your final quotes govern.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any third party's rights; or (d) your Customer Data.

12. Termination

Either party may terminate these Terms at any time. We may terminate or suspend your account immediately for a material breach of these Terms.

On termination, your right to use the Service ceases. We will retain your Customer Data for 90 days after termination in case you wish to export it, after which it will be deleted.

13. Governing Law and Disputes

These Terms are governed by the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia for any disputes arising out of these Terms or the Service.

Before commencing legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for at least 30 days.

14. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision is found to be unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any provision is not a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor business.
• Notices: Notices to us should be sent to sales@unda.com.au. Notices to you will be sent to the email address registered on your account.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes via email or a prominent notice on the platform. Continued use after the effective date constitutes acceptance of the updated Terms.