Terms of Service
Summary: You must be 18 or older to use NiftyForger. Paid plans renew monthly until you cancel, and you can cancel at any time. We don't give change-of-mind refunds for partial months, but nothing in these terms limits your rights under the Australian Consumer Law or other consumer protection laws. These terms are governed by the law of Victoria, Australia.
- About these terms
- Who can use NiftyForger
- Your account and team
- Acceptable use
- Your content
- Plans, billing and renewal
- Cancellation and refunds
- The Service and changes to it
- Suspension and termination
- Your consumer law rights
- Limits on our liability
- Business users: indemnity
- Changes to these terms
- Governing law and disputes
- General
- Contact
1. About these terms
These Terms of Service ("Terms") are an agreement between you and NiftyForger, operated by a sole trader based in Victoria, Australia ("NiftyForger", "we", "us"). They cover your use of the NiftyForger website and web application (the "Service"). Our Privacy Policy, Cookie Policy and Refund Policy also apply and form part of these Terms.
You accept these Terms when you create an account, activate an invitation, or start a paid plan. If you use the Service for an organisation, you confirm that you are authorised to accept these Terms on its behalf, and "you" includes that organisation.
2. Who can use NiftyForger
You must be at least 18 years old and able to enter into a binding contract. You must not use the Service if the law prohibits you from doing so.
3. Your account and team
- Give us an accurate email address and keep it up to date so you receive important account and billing emails.
- Keep your password secure and don't share your login. Tell us promptly if you think your account has been accessed without permission.
- You're responsible for activity in your account. That doesn't cover activity caused by our own failure to take reasonable security measures.
- If you invite team members, you're responsible for managing their access, and for making sure they are 18 or older and follow these Terms.
4. Acceptable use
You must not:
- use the Service for anything unlawful, fraudulent or harmful, or to store content you have no right to store
- try to access other customers' data, or test or bypass the Service's security, rate limits or plan limits
- interfere with the Service, overload it, or use automated means to access it in a way that degrades it for others
- upload malware, or use the Service to send spam
- copy, resell or reverse-engineer the Service, except where the law allows you to
5. Your content
You keep ownership of the data you put into the Service ("Your Content"). You give us a limited permission to host, copy, process and display Your Content only as needed to provide, secure and support the Service for you. We don't claim any other rights in it.
You're responsible for Your Content and for having the right to store it, including any personal information about other people, such as supplier or customer contacts. See section 4 of our Privacy Policy.
Keep your own copies of important data. If you want a copy of Your Content, for example before closing your account, email us and we will provide an export in a common format within a reasonable time.
NiftyForger itself, including its software, design and branding, belongs to us. These Terms don't transfer any of those rights to you.
6. Plans, billing and renewal
- Free plan: available at no charge, with the usage limits shown in the app.
- Paid plans: billed monthly in advance, in US dollars, through our payment processor, Stripe. Prices and limits are shown in the app before you buy. Your bank may charge currency conversion fees.
- Automatic renewal: paid plans renew automatically each month and charge your saved payment method until you cancel. You can see your next billing date in your profile and in the billing portal.
- Taxes: prices include any taxes we are required to charge, unless we state otherwise at checkout.
- Upgrades: moving to a higher-priced plan (or one at the same price) takes effect immediately. Stripe charges or credits a prorated amount for the rest of your billing period.
- Downgrades: moving to a lower-priced paid plan takes effect at the end of your current billing period. You can't change plans if your current usage exceeds the new plan's limits.
- Failed payments: if a payment fails, access to your workspace is locked until the payment succeeds. You can still sign in to update your payment details, and your data is not deleted because of a failed payment.
- Price changes: we will give you at least 30 days' notice by email before a price change applies to your plan. The new price starts from your next billing period after that notice. If you don't accept it, you can cancel before it takes effect.
7. Cancellation and refunds
You can cancel a paid plan at any time in your profile or in the Stripe billing portal. You don't need to contact us or give a reason. After you cancel, your plan stays active until the end of the billing period you've paid for and then moves to the Free plan. You won't be charged again.
Refunds are covered by our Refund Policy. In short: we don't refund partial months when you change your mind, but we do refund billing errors, and your consumer law rights are not affected.
If you own a workspace, you can delete your account entirely from your profile. Deleting is immediate and permanent: it removes your account, your team members and all of your workspace's data, cancels any paid plan straight away, and cannot be undone. Export anything you want to keep first. You can also ask us to close your account by emailing us from your account email address.
8. The Service and changes to it
We work to keep the Service available and reliable, but it may sometimes be unavailable for maintenance, updates or reasons outside our control. We may improve or change features. If a change significantly reduces a core feature of a paid plan you're on, we'll tell you in advance. You can then cancel and get a pro-rata refund for the unused part of your current billing period.
If we decide to shut the Service down, we will give account holders at least 30 days' notice, allow you to export Your Content, and refund any prepaid fees for the period after shutdown.
9. Suspension and termination
We may suspend or close your account if:
- you seriously or repeatedly break these Terms
- your use creates a security, legal or operational risk for us or other users
- the law requires us to
Where it's reasonable and lawful, we will warn you first and give you a chance to fix the problem. If we close your account without you being at fault, we will refund any prepaid fees for the unused period. After an account is closed, we delete its data as described in our Privacy Policy.
10. Your consumer law rights
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms, including our Refund Policy, excludes, restricts or changes any right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other law that cannot lawfully be excluded.
If you are a consumer living outside Australia, for example in the European Union or United Kingdom, you also keep the mandatory protections of the consumer laws of the country where you live.
11. Limits on our liability
This section applies only to the extent the law allows, and is subject to section 10.
- Except for the guarantees and rights described in section 10, the Service is provided "as is". We don't promise it will be uninterrupted, error-free, or suitable for a particular purpose. It is an inventory and business-management tool, and you should check important figures, such as stock levels, costs and order totals, before relying on them.
- If the Service is not of a kind ordinarily acquired for personal, domestic or household use, and section 64A of the Australian Consumer Law allows it, our liability for failing to meet a consumer guarantee is limited to supplying the Service again or paying the cost of having it supplied again.
- For business customers: we are not liable for indirect or consequential loss, or for loss of profit, revenue or data, arising from the Service. Our total liability to you is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- These limits don't apply to liability that can't lawfully be limited, including liability for death or personal injury caused by our negligence, or for our fraud.
- Our liability is reduced to the extent that you or your team caused or contributed to the loss.
12. Business users: indemnity
If you use the Service for business purposes, you agree to cover our reasonable losses and costs from third-party claims arising from your breach of section 4 (Acceptable use), or from Your Content infringing someone else's rights or breaking privacy law. This doesn't apply to losses we caused. This section doesn't apply to consumers.
13. Changes to these Terms
We may update these Terms, for example to reflect changes in the law or in the Service. If a change materially affects your rights or obligations, we will email account holders at least 30 days before it takes effect. If you don't agree with the change, you can cancel before then, and we will refund any prepaid fees for the period after the change takes effect. Minor changes that don't disadvantage you, such as clarifications or corrections, may take effect when we publish them.
14. Governing law and disputes
These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of its courts, and of the courts that can hear appeals from them.
If you are a consumer, this doesn't take away the protection of the mandatory laws of the country where you live, or your right to bring a claim in your local courts, a consumer tribunal or a regulator.
If you have a problem, please contact us first so we can try to resolve it informally.
15. General
- If any part of these Terms is found invalid or unenforceable, it is read down or removed to the minimum extent needed, and the rest continues to apply.
- If we don't enforce a right straight away, we haven't given it up.
- You may not transfer your account or these Terms without our consent. We may transfer them to a successor of the Service if we notify you and your rights under these Terms are not reduced.
- Neither of us is responsible for delays or failures caused by events beyond reasonable control. This doesn't limit your rights under section 10.
16. Contact
Email contact@niftyforger.com or use our contact form. We send notices to you at the email address on your account.