Terms & Conditions

Crazy Island Technology Pty Ltd (ABN 75 652 161 003)

Contact: [email protected] Effective date: 01-09-2025 Territory: Australia

1) Acceptance of Terms

By creating an account or using the Services, you (“Customer”, “you”) agree to these Terms & Conditions (“Terms”) and the documents incorporated by reference, including our Privacy Policy, the Data Processing Addendum (Appendix B), the Service Level Agreement (Appendix A), any Order/Checkout page, and any Acceptable Use Policy. If you do not agree, do not use the Services. We may reasonably update these Terms and will notify you through the Service or by email; continued use after the effective date constitutes acceptance.

2) The Services

“Services” means Crazy POS and related SaaS features, APIs, and add-ons provided by Crazy Island Technology Pty Ltd (“we”, “us”, “our”). We may modify features, provided such changes do not materially reduce core functionality without reasonable notice.

3) Customer Account & Eligibility

You must provide accurate registration details and maintain the security of your credentials. You are responsible for all activities under your account, including those by your authorised users.

4) Fees, Billing & Taxes

4.1 Pricing. Current pricing plans are published at Pricing & Plans | CrazyPOS (the “Pricing Page”). 4.2 Billing. Fees are charged per your chosen plan and billing cycle. Late or failed payment may result in suspension. 4.3 Refunds. Except as required by law or expressly stated on the Pricing Page, fees are non-refundable. 4.4 Taxes. Fees are exclusive of GST and other applicable taxes, which you must pay where applicable. 4.5 Changes. We may adjust pricing with reasonable notice; changes apply from your next renewal.

5) Customer Data, Ownership & Limited Provider Access

5.1 Ownership. “Customer Data” means data you or your users submit to or generate via the Services (including business records and any personal information). You retain all right, title and interest in Customer Data. 5.2 Roles. To the extent Customer Data includes personal information, you act as data controller (or equivalent), and we act as data processor, processing only per your documented instructions (these Terms, your plan settings, and the DPA). 5.3 Provider Access (strictly limited). You authorise us to access Customer Data only as necessary to: (a) provide, maintain and secure the Services; (b) deliver support you request; (c) address abuse, fraud, or security incidents; (d) comply with law or valid legal process; and (e) produce aggregated/de-identified analytics that cannot identify you or any individual. Access uses least-privilege and is logged. 5.4 No Sale / No Unauthorised Marketing. We do not sell Customer Data or use identifiable Customer Data for third-party advertising. 5.5 Data Return/Deletion. Upon termination or at your written request, we will return or delete Customer Data within a reasonable period, except to the extent retention is required by law or backups auto-expire on rolling cycles.

6) Privacy & Security

6.1 Australian Privacy. We manage personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), as applicable. Our Privacy Policy describes collection, use, disclosures (including cross-border), and your choices. 6.2 Security Measures. We implement administrative, technical and organisational measures appropriate to risk (access controls, encryption in transit, vulnerability management, logging and monitoring, employee confidentiality obligations). 6.3 Subprocessors. We may engage vetted subprocessors (e.g., cloud hosting, email/SMS gateways). Each is bound by written terms offering no less protection than these Terms and the DPA. We maintain a current list on request and will notify you of material changes where required. 6.4 Notifiable Data Breaches. If we become aware of an eligible data breach under the Notifiable Data Breaches (NDB) scheme, we will notify affected parties and the OAIC as required and cooperate with reasonable mitigation steps.

6.5 Data Hosting & Residency

Customer Data is hosted in Amazon Web Services (AWS) Region ap-southeast-2 (Sydney, Australia). All production data—including databases, backups, and logs—is stored and processed exclusively within this region, except when necessary for (a) secure content delivery via CDN edge nodes, or (b) cross-border disclosures explicitly permitted under APP 8 of the Privacy Act 1988 (Cth). We do not transfer Customer Data outside Australia except under these conditions and with adequate safeguards ensuring protection consistent with the Australian Privacy Principles.

7) Acceptable Use

You and your users must not: (a) violate law; (b) infringe IP; (c) transmit malware, spam, or attempt to circumvent security; (d) overload or materially interfere with the Services; (e) resell or provide the Services to unauthorised third parties without our consent.

8) Service Levels, Support & Maintenance

Availability targets, incident response/communication, and support response targets are defined in Appendix A (SLA). We may perform scheduled maintenance (preferably during low-traffic windows) and will provide reasonable notice where practicable.

9) Intellectual Property

The Services (software, UI/UX, documentation) are owned by us or our licensors. No rights are granted except the limited, revocable, non-exclusive, non-transferable right to use the Services during your paid subscription. You must not copy, modify, create derivative works, reverse engineer, or attempt to extract source code except as permitted by law.

10) Third-Party Services

Integrations and third-party services are governed by their providers’ terms. We are not responsible for third-party services unless expressly stated.

11) Beta/Preview Features

We may offer optional beta features “as is” without SLA, and we may discontinue them at any time. Do not use beta features for mission-critical workloads.

12) Warranties & Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing excludes warranties that cannot be excluded under the Australian Consumer Law.

13) Liability

To the maximum extent permitted by law, neither party is liable for: (a) indirect, special, incidental, punitive or consequential loss; (b) loss of profits, revenue, goodwill, or data (except as to your data return rights). Each party’s aggregate liability in any 12-month period is capped at the fees paid or payable by you to us for the Services in that period, except for: death/personal injury caused by negligence, fraud, wilful misconduct, or liability that cannot be limited by law.

14) Indemnities

You indemnify us against third-party claims arising from (a) your unlawful use of the Services; (b) Customer Data (to the extent the claim alleges it is unlawful or infringes rights); and (c) your breach of these Terms. We indemnify you against third-party IP infringement claims alleging the Services (as provided by us) infringe a third party’s IP, excluding claims caused by your modifications, combinations not authorised by us, or use contrary to documentation. We may, at our option, procure rights, modify the Services, or terminate affected features with a pro-rata refund of unused fees.

15) Unfair Contract Terms

We aim to comply with Australia’s unfair contract terms regime. If any term is determined to be unfair and void, the remainder remains effective, and the parties will replace the void term with a fair and lawful alternative.

16) Term, Suspension & Termination

16.1 Term. Your subscription begins upon signup and renews per your plan. 16.2 Suspension. We may suspend access for material breach, non-payment, or security risk with notice where practicable. 16.3 Termination. Either party may terminate on written notice effective at the end of the current billing period or immediately for material breach not cured within 14 days of notice. 16.4 Effect of Termination. Fees already due remain payable. We will return or delete Customer Data per Section 5.5.

17) Changes to Terms

We may update these Terms from time to time. Material changes will be notified in advance; continued use after the effective date constitutes acceptance.

18) Notices

We may notify you via the Service, email, or the contact details you provide. You may notify us at [email protected].

19) Governing Law & Venue

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland (sitting in Brisbane).

20) Order of Precedence & Severability

If there is conflict, the order of precedence is: (1) Order/Checkout; (2) DPA; (3) SLA; (4) these Terms; (5) documents referenced herein. If any provision is invalid, the remainder remains in effect.

Appendix A — Service Level Agreement (SLA)

What “SLA numbers” mean (plain English):

They’re the measurable targets we commit to—e.g., uptime %, maximum time to first response on incidents, target fix/mitigation windows, and support response times by severity.

Recommended baseline (you can adopt these immediately):

A.1 Availability

• Monthly Uptime Percentage (MUP): 99.9% (≤ ~43.8 minutes downtime/month)

  Excludes scheduled maintenance (≤ 4 hours/month, announced ≥ 48 hours ahead where practicable) and factors outside our reasonable control (force majeure, major cloud provider outages, customer network issues, third-party systems we don’t control).

A.2 Incident Classification & Targets

• Severity 1 (Critical production outage / data loss / no workaround):
  • First Response: 15 minutes (24×7)
  • Mitigation/Workaround Target: 2 hours
  • Resolution Target: 8 hours
• Severity 2 (Major degradation / limited functionality / workaround exists):
  • First Response: 1 hour (Business hours; 24×7 for hosted core failures)
  • Mitigation Target: 8 hours
  • Resolution Target: 2 business days
• Severity 3 (Minor issue / cosmetic / non-urgent request):
  • First Response: 1 business day
  • Resolution Target: 10 business days (or scheduled release)

A.3 Support Hours & Channels

• Standard support: Mon–Fri 9:00–18:00 AEST/AEDT (Australian business days), via ticket/email ([email protected]).
• Emergency (Sev-1) channel available 24×7.

A.4 Credits (optional; enable if you want a monetary remedy)

If Monthly Uptime < 99.9%, you may request a Service Credit within 30 days after the month:

• 99.0%–99.89% → 10% of monthly fee
• 95.0%–98.99% → 25% of monthly fee
• <95.0% → 50% of monthly fee

  Credits apply to future invoices and are the sole remedy for availability breaches.

A.5 Measurement & Reporting

Uptime is measured at the service edge (excluding your network, devices, third-party services). We use system logs and third-party monitors. On request, we will share a monthly uptime summary.

Appendix B — Data Processing Addendum (Short Form)

B.1 Scope & Roles

This DPA applies to processing of personal information within Customer Data. You are the controller; we are the processor.

B.2 Processing Instructions

We process personal information solely to provide and maintain the Services, perform support, ensure security/availability, generate de-identified/aggregated analytics, and comply with law—each under your documented instructions.

B.3 Security Measures

We maintain technical and organisational measures proportionate to risk, including access controls, encryption in transit, secure software development, logging/monitoring, and staff confidentiality/training.

B.4 Subprocessors

We may engage subprocessors (cloud hosting, email/SMS delivery, monitoring). We impose written obligations no less protective than this DPA and remain responsible for their performance. A current list is available on request.

B.5 Cross-Border Disclosures

Where personal information is transferred or disclosed overseas, we will take reasonable steps to ensure overseas recipients handle it in accordance with standards not less than those under the APPs.

B.6 Assistance & Data Subject Requests

We will provide reasonable assistance for access/correction/deletion requests and regulatory inquiries, to the extent you cannot fulfil them via self-service.

B.7 Notifiable Data Breaches

We will notify you without undue delay upon becoming aware of an eligible data breach and cooperate with information reasonably required for NDB notifications.

B.8 Return/Deletion

Upon termination or your written request, we will delete or return personal information within a reasonable period, subject to legal retention requirements and backup auto-expiry cycles.

B.9 Audits

On reasonable notice and not more than annually (unless required by law or following a data breach), we will provide available compliance summaries or third-party audit reports, or facilitate a reasonable audit without undue disruption.