Terms of Service
1. Acceptance of Terms
Welcome to Lucrii. These Terms of Service (“Terms”) are a legal agreement between you (“you”, “your”, or “user”) and Lucrii Pty Ltd (ABN 46 694 710 211 / ACN 694 710 211) (“Lucrii”, “we”, “us”, or “our”), located at PO Box 784, New Farm, QLD 4005.
By accessing or using the Lucrii platform (the “Service”), available at https://lucrii.io/, https://lucrii.ai/, and https://app.lucrii.io/, you confirm that:
(a) you have read, understood and agree to be bound by these Terms of Use;
(b) you have read and understood our Privacy Policy (available at https://lucrii.io/legal/privacy-policy or https://lucrii.ai/legal/privacy-policy) and consent to the collection, use, and disclosure of personal information as described in that policy, including the use of de-identified data for AI model enhancement;
(c) you are at least 18 years of age, or have appropriate parental/employer consent if younger;
(d) if you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms, and “you” and “your” will refer to that entity;
(e) where the Service integrates with third-party services (such as Xero, Shopify, or Klaviyo), you have obtained all necessary permissions and authorisations to connect those services to the Service and grant us access to the data from those services as contemplated by these Terms.
By clicking “Sign Up” or “Create Account” (or similar button), you indicate your acceptance of these Terms. We maintain records of your acceptance, including the date, time, IP address, and version of these Terms you agreed to.
If you do not agree to these Terms, you must not use the Service.
2. Service Description
2.1 What Lucrii Does
Lucrii is a business management platform that provides:
- Customer Relationship Management (CRM)
- Workflow automation
- Order management and invoicing
- Integration with third-party platforms (e.g., Shopify, Klaviyo, Xero, email providers)
- AI-powered features (Hermes AI) for predictive analytics, business insights, and workflow automation
2.2 Service Availability
Lucrii is provided on an “as is” and “as available” basis. While we strive for high availability, we do not guarantee that:
- The Service will be uninterrupted, error-free, or completely secure
- Any errors or defects will be corrected
- The Service will meet your specific requirements
We may monitor your use of the Service at any time without notice, but we are not required to do so.
2.3 Changes to the Service
We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Add or remove features
- Change pricing (with at least 30 days’ notice for existing customers via email)
- Add or remove the availability of integrations with third-party services
We will provide reasonable advance notice (typically 30 days) of material changes that negatively impact your use of the Service, except if an urgent change is required to address security or regulatory concerns, in which case we will provide you as much notice as is practicable. Notice will be sent via email to the address associated with your account and/or displayed prominently in the Lucrii application.
If any change is a Detrimental Change (as defined in Section 8.1) with which you do not wish to agree, you may cancel your subscription in accordance with Section 8.1.
Beta and Preview Features
From time to time, we may make beta, pilot, early access, or preview features available to you (“Preview Features”). Preview Features may be identified with labels such as “Beta,” “Preview,” “Labs,” “Experimental,” or similar designations in the Lucrii application.
Preview Features are:
- Provided “as is” without warranty of any kind
- Not subject to our Service Level commitments (Section 2.4)
- May be modified, discontinued, or withdrawn at any time without notice
- May contain bugs, errors, data loss risks, or security vulnerabilities
- Not recommended for production or business-critical workflows until they are designated as generally available
Use of Preview Features is entirely at your own risk. We strongly recommend:
- Testing Preview Features in non-production environments first
- Maintaining backups of any data used with Preview Features
- Not relying on Preview Features for time-sensitive or critical business operations
- Providing feedback to help us improve Preview Features before general availability
Feedback on Preview Features: If you provide feedback, suggestions, or bug reports regarding Preview Features, you grant Lucrii a worldwide, perpetual, irrevocable, royalty-free licence to use this feedback to improve the Service without any obligation to you.
Graduation to General Availability: When a Preview Feature is promoted to general availability (no longer labeled as Beta/Preview), it will be subject to the standard terms of this agreement, including our Service Level commitments.
2.4 Service Level
Target Uptime: We target 99.999% uptime for the Lucrii Service, measured monthly (excluding scheduled maintenance). This target represents our commitment to reliability, though it is not a guaranteed service level agreement.
What 99.999% means: Our target allows for approximately 26 seconds of unplanned downtime per month.
Scheduled Maintenance: We may perform scheduled maintenance with at least 48 hours’ notice via email or in-app notification. Scheduled maintenance windows will typically be:
- Outside Australian business hours (AEST/AEDT), and
- Limited to 2 hours maximum duration where possible
Unplanned Downtime: In the event of unplanned downtime exceeding 12 consecutive hours, you may request a pro-rata service credit for the affected period by contacting support@lucrii.io within 14 days of the incident.
Service Credits:
- We will review your request in good faith and, at our sole discretion, may issue a credit to your account equal to the pro-rata subscription fee for the downtime period exceeding 12 hours
- Service credits are your sole remedy for downtime and do not constitute a breach of contract
- Service credits do not apply to downtime caused by:
- Your actions or misuse of the Service
- Third-party services or integrations (e.g., AWS, email providers, connected platforms)
- Internet or network failures beyond our control
- Force majeure events (as defined in Section 14.5)
- Scheduled maintenance (with proper notice)
- Suspension or termination of your account for Terms violations
No Cash Refunds: Service credits cannot be redeemed for cash and must be used toward future Lucrii subscription fees. Service credits expire 12 months after issuance if unused.
Monitoring: Uptime is measured by our internal monitoring systems. We will provide service status updates via in-app notifications during any service disruptions.
Target Only: The 99.999% uptime figure is a target, not a guarantee. We make no warranty regarding uptime, and any failure to meet this target does not constitute a breach of these Terms (except as provided in the service credit mechanism above).
3. Account Registration and Security
3.1 Account Creation
To use Lucrii, you must:
- Provide accurate, current, and complete information during registration
- Maintain and update this information to keep it accurate
- Be at least 18 years old, or have appropriate parental/employer consent if younger
By creating an account, you confirm that:
(a) You have read and understood these Terms of Use and our Privacy Policy;
(b) You consent to the collection, use, and disclosure of personal information as described in our Privacy Policy, including the use of de-identified data for AI model enhancement;
(c) If registering on behalf of a company or organisation, you have the authority to bind that entity to these Terms;
(d) All information you provide during registration is accurate and complete.
We maintain records of your acceptance, including the date, time, IP address, and version of these Terms and Privacy Policy you agreed to. These records may be used as evidence of your agreement in the event of any dispute.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials (username and password)
- All activities that occur under your account
- Notifying us immediately at support@lucrii.io if you suspect unauthorised access
If you have lost or forgotten your password, or you have reason to suspect any unauthorised use of your password, you must immediately reset your password through the Service.
You acknowledge and agree that we are entitled to treat the actions of any person who accesses and uses your account using your password as being authorised by you. We are not liable for any loss or damage which you incur to the extent such loss or damage would not have been incurred had you used a complex password and utilised all security features of the Service.
We strongly recommend enabling Two-Factor Authentication (2FA) to protect your account.
3.3 Account Sharing
You must not:
- Share your account credentials with unauthorised individuals
- Allow others to access your account
- Create multiple accounts to circumvent restrictions
Each user should have their own individual account within your organisation.
4. User Content and Data
4.1 Your Data Ownership
You retain full ownership of all data, content, and materials you upload, create, or process through Lucrii (“Your Data” or “User Content”). This includes:
- Customer information (names, contact details, purchase history)
- Sales records, quotes, invoices, and financial data
- Emails, messages, notes, and communications
- Product and inventory information
- Any other content you generate or upload
4.2 License to Lucrii
By providing User Content or allowing the Service to ingest or access User Content, you grant Lucrii a non-exclusive, worldwide, royalty-free licence (including a right of sublicence) to use, store, transmit, copy, adapt, publish, display, modify, de-identify, analyse, translate, create derivative works from and otherwise do and authorise the doing of all acts comprised in the copyright in User Content in any form or on any medium, for the purposes set out in our Privacy Policy, and for the purpose of:
(a) providing, modifying or improving the Service;
(b) subject to Section 4.3 below, training, developing and improving models and algorithms used in connection with the Service, including Hermes AI (Model Enhancement);
(c) acting in accordance with your instructions, including with respect to integrated third party services; and
(d) complying with law and operating our and our related body corporate’s business.
You warrant that you have the right to grant such licence.
This license terminates when you delete Your Data or terminate your account (except for backup copies retained in accordance with our Privacy Policy and legal retention requirements).
4.3 Use of User Content for AI Model Enhancement
When we use User Content for the purposes of Model Enhancement we will do so strictly in accordance with the following:
(a) Personal AI Enhancement: We use your prompts, inputs, and interactions with Hermes AI to improve the AI assistant’s performance specifically for your account. This includes learning your business terminology, workflow preferences, common tasks, and response refinements. Unmodified message content containing personal information is only used for Model Enhancement for you in connection with your use of the Service, and not for any other users or our business more broadly. This personalisation data is not shared with other users.
(b) General AI Enhancement: Subject to your opt-out rights (as described in our Privacy Policy), we may use de-identified and aggregated data from your interactions with Hermes AI to improve the AI assistant’s performance for all Lucrii users. Only de-identified content is used for Model Enhancement for the benefit of all users or our business more broadly. This includes:
(A) Common workflow patterns and automation suggestions across similar business types;
(B) Frequently used business processes and reporting templates;
(C) General improvements to natural language understanding and query interpretation;
(D) Feature development based on aggregated usage patterns.
You may opt out, using functionality in the Service (Settings > Privacy > AI Model Training), of use of User Content for General AI Enhancement, but note that we will still retain and use basic feedback you provide us (e.g., “thumbs up/down” on outputs).
(c) Exclusions from General AI Enhancement: We do not use the following for General AI Enhancement in any form:
(A) Customer names, contact details, or any identifiable customer information from your CRM;
(B) Specific financial figures, including revenue, costs, margins, invoice amounts, or account balances;
(C) Proprietary business information such as pricing strategies, supplier details, custom formulas, or competitive information;
(D) Transaction details including order contents, payment records, or specific product/service configurations;
(E) Any other data that could reasonably identify you, your business, or your customers.
(d) De-identification Standards: Before any User Content is used for General AI Enhancement, we:
(A) Remove all direct identifiers (names, emails, ABNs, account IDs);
(B) Remove quasi-identifiers (specific dollar amounts, unique codes, timestamps);
(C) Aggregate data across a minimum of 50 users;
(D) Apply differential privacy techniques to prevent re-identification.
(e) Data Retention for AI Enhancement: All User Content is permanently deleted from the Service as soon as it is more than 6 months old. Raw interaction data (your specific prompts and Hermes AI responses) is retained for 6 months, then automatically deleted. De-identified aggregate insights derived from this data may be retained indefinitely as they cannot be traced back to any individual user or account.
4.4 Third-Party AI Providers
Hermes AI is powered by third-party AI service providers (including Amazon Web Services using Amazon Bedrock, Anthropic’s Claude API, and/or other providers we may use from time to time). We have entered into data processing agreements with these providers that require them to:
(a) Process your data solely for providing AI services to you through the Service;
(b) Not use your data to train their own AI models or for any purpose other than providing services to us;
(c) Delete your data after processing is complete (typically within 30 days);
(d) Maintain security standards equivalent to or exceeding our own.
You acknowledge that your User Content will be transmitted to and processed by these third-party AI providers in accordance with their data processing agreements and privacy policies.
If you object to processing by a specific AI provider, contact us at support@lucrii.io to discuss alternative arrangements (may affect service availability or pricing).
4.5 Your Responsibilities Regarding User Content
You are solely responsible for obtaining any required consents and authorisations required from any persons who send communications to your third party services which you have connected to the Service in the manner described in these Terms of Use. You must not use the Service in a manner that violates any terms governing third party services or any applicable laws or rights of others.
You must not provide or allow to be ingested into or accessed by the Service any User Content that:
(a) infringes the intellectual property or other rights of another person;
(b) is sensitive information (as defined in the Privacy Act 1988 (Cth)) about a person other than you;
(c) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(d) would harm, abuse, harass, stalk, threaten or otherwise offend;
(e) relates to unlawful conduct or illegal business activity, would breach any applicable laws, or would otherwise result in civil or criminal liability for you, us or any third party;
(f) creates a privacy or security risk to any person;
(g) is designed to unlawfully intercept or interfere with any communication;
(h) solicits money from any person;
(i) is false, misleading or deceptive;
(j) tampers with, hinders the operation of, or makes unauthorised modifications to the Service;
(k) would reflect negatively on us, including our goodwill, name and reputation;
(l) would breach any applicable laws or cause us to be in breach of any applicable laws; or
(m) would otherwise result in civil or criminal liability for you, us or any third party.
4.6 Indemnity for User Content
You will indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from and against any claim, loss, expense or liability suffered or incurred by us, arising directly out of or in connection with any claim made against us by any third party arising out of our use of User Content in accordance with these Terms of Use, including that such use infringes their intellectual property rights, provided that your liability under this indemnity will be proportionately reduced to the extent we cause or contribute to the relevant claim, loss, expense or liability.
4.7 Data Export and Portability
You can export Your Data at any time through the following methods:
Self-Service Export:
- Navigate to Organisation Settings > General > Export all Data CSV in the Lucrii application
- This will generate a downloadable CSV file containing all your business data in a machine-readable format
- Export typically completes within 15 minutes for standard accounts (larger accounts may take longer)
- You will receive an email notification when your export is ready to download
Support-Assisted Export:
- For large datasets or custom export requirements, contact support@lucrii.io
- We will assist you with exporting your data in your preferred format (CSV, JSON, or other machine-readable formats)
- Support-assisted exports are typically completed within 3-5 business days
Export Formats: We provide data exports in machine-readable formats to facilitate data portability and interoperability with other business software.
Your Responsibility: You are responsible for:
- Regularly backing up Your Data - We recommend exporting your data at least monthly
- Verifying export completeness - Check that all critical data is included in your export
- Exporting data before account termination - See Section 8.3 for termination and data retention timelines
What’s Not Included in Exports: Data exports include your business data but do not include:
- Lucrii software, code, or intellectual property
- System logs or internal analytics (unless specifically requested for debugging purposes)
- Data from integrated third-party platforms (you must export this directly from those platforms)
5. Intellectual Property Rights
5.1 Lucrii Intellectual Property
Lucrii retains all ownership rights to:
- The Lucrii platform, software, and codebase (available at https://lucrii.io/, https://lucrii.ai/, and https://app.lucrii.io/)
- Hermes AI models and algorithms
- All Service improvements and updates
The Service is subject to copyright and possibly other intellectual property rights.
We grant you a limited, non-transferable licence to access and use the Service solely for your personal or internal business purposes.
We do not assert ownership of Outputs (as defined in Section 5.3), other than where our content is included in your Outputs.
You may not:
- Copy, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code of or in connection with the Service or create a derivative work from the Service
- Remove or alter any copyright, trademark, or proprietary notices
- Use our intellectual property without written permission
- Sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Service
- Use or refer to the Service in developing any competitive good or service
5.2 Intellectual Property Indemnity
We will indemnify you and hold you (including any of your directors, officers, employees and contractors) harmless from and against any claim, loss, expense or liability suffered or incurred by you, arising directly out of any claim made against you by any third party that your use of the Service (excluding any Outputs) in accordance with these Terms of Use infringes their intellectual property rights, provided that our liability under this indemnity will be proportionately reduced to the extent you cause or contribute to the relevant claim, loss, expense or liability.
Except as provided in these Terms of Use, any use or copying of the Service or information or content related to the Service for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at support@lucrii.io if you wish to seek such consent.
5.3 Outputs and AI-Generated Content
Definition: “Outputs” means any content generated or suggested by the Service, including summaries, classifications, prioritisations, search results, and drafted or suggested responses, insights, or reports generated by Hermes AI.
Ownership: We do not assert ownership of Outputs, other than where our content is included in your Outputs. You can use Outputs for your personal or business use, subject to these Terms of Use.
Disclaimers: Outputs may be similar to content generated for others and may inadvertently reproduce elements from training data or inputs. We do not screen Outputs for these considerations, but you should ensure that Outputs you elect to send to third parties or use in your business comply with law and do not infringe the rights of any third party. We make no representation that Outputs are unique.
The Service uses artificial intelligence and machine learning to read, analyse, summarise, prioritise and search User Content to generate Outputs. Outputs may inadvertently replicate any errors, inaccuracies, biases or styles in any User Content used to generate them. The use of artificial intelligence or machine learning to generate Outputs also means that they may contain errors or be inaccurate, incomplete, misleading, inappropriate, or otherwise unreliable and may not reflect your intent or preferences.
Your Responsibility: You must carefully review and verify all Outputs before using, relying on, sharing, or sending them. You remain responsible for your use of Outputs and any consequences arising from them, and must ensure Outputs are lawful, accurate, not deceptive, and compliant with all applicable laws.
Accordingly, to the extent permitted by law, we do not:
(a) give you any assurances that any Outputs will meet your requirements or be suitable for your purposes; or
(b) accept responsibility for loss suffered as a result of your reliance on the content of Outputs.
The Outputs do not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth). The Service is not designed or intended for use as a substitute for accounting, legal or any other professional advice and must not be used for that purpose.
5.4 Feedback
You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into the Service any suggestion, enhancement request, recommendation, correction or other feedback you provide to us or any of our personnel relating to or in connection with your use of the Service.
6. Third-Party Services and Integrations
6.1 Third-Party Integrations
To use certain features of the Service, you may need to authorise the Service to integrate with and/or access your email, messaging, storage, identity, and other services or platforms provided by third parties (such as Xero, Shopify, Klaviyo, Gmail, and other services), and your corresponding accounts and data (Third Party Services).
We do not control and are not responsible for Third Party Services, their availability, performance, security, data handling, terms, policies, or practices. Your use of Third Party Services is governed by their terms and privacy policies, and you are responsible for complying with them.
The Service may contain links or APIs to other websites or third party services or systems. We are not responsible for the privacy practices of those other websites or third party services or systems. We recommend that you review the privacy policies of each website that you visit or third party service or system that you use or access.
6.2 Data Collection from Third Parties
When you authorise the Service to connect to a Third Party Service, you grant us permission to connect to and ingest and access User Content from that Third Party Service and when authorised or enabled by you, to send communications via that Third Party Service.
The Service’s ability to ingest or access User Content from Third Party Services may be subject to or limited by our ability to integrate with the Third Party Service, and to any data use restrictions, data use, fair use or acceptable use policies or similar imposed by the provider of the Third Party Service, which are out of our control and may impact your ability to use the Service as intended in relation to the relevant Third Party Service.
6.3 Compliance with Third-Party Terms
When you connect third-party services to Lucrii:
- You must comply with those third parties’ terms of service
- You are responsible for maintaining those integrations
- We are not responsible for the actions or failures of third-party services
You must not use the Service in a manner that violates any terms governing Third Party Services or any applicable laws or rights of others.
7. Payment Terms
7.1 Pricing
Current pricing is available at https://lucrii.io/pricing or https://lucrii.ai/pricing.
7.2 Free Trial
From time to time, we may offer you a free trial when you sign up for access to the Service. If you sign up for a free trial, you are permitted a time-limited trial of the Service (or a component of the Service) in accordance with these Terms of Use and all applicable laws for the trial period notified to you when you sign up for the trial, without payment of any fees.
You must input credit card details when you register to begin the trial but will not be charged for use of the Service during the trial period. If you do not cancel your trial subscription before the trial period ends, you will automatically be charged and invoiced the subscription fee notified to you when you registered for the free trial.
Payment Authorisation and Consent:
By providing your credit card details during free trial registration, you explicitly authorise and consent to:
(a) Lucrii charging your nominated credit card the subscription fee specified at registration if you do not cancel before the free trial period ends;
(b) The specific subscription fee and billing frequency (monthly or annual) displayed to you at registration;
(c) Automatic renewal of your subscription at the end of each billing period unless you cancel prior to renewal (as described in Section 7.3);
(d) Storage of your credit card details by us or our payment processor (currently Stripe) for the purpose of processing recurring subscription charges;
(e) Potential surcharges for certain credit card types as disclosed at the time of entering your payment details.
You may cancel your free trial at any time before the trial period ends by following the cancellation process in the Service. If you cancel during the free trial, your credit card will not be charged.
We will send you a reminder email at least 3 days before your free trial ends, confirming the subscription fee that will be charged if you do not cancel.
7.3 Subscription Fees and Auto-Renewal
Except for any free trial period, you must pay for the Service in the manner specified in these Terms of Use and as described in the Service. Unless otherwise expressly stated in the Service, all fees are:
(a) in Australian Dollars (AUD) and inclusive of GST and other goods and services and value added taxes;
(b) payable in advance, commencing on the date of your registration and each monthly or yearly anniversary thereafter (based on the subscription period you select when registering or as nominated by you in the Service after that time); and
(c) non-refundable (unless otherwise specified in these Terms of Use).
Auto-Renewal: We will notify you prior to the end of your chosen subscription period ending that your subscription will automatically renew for a further subscription period of the same length and of the subscription fee you will be charged unless you cancel before your current subscription period ends. We will notify you at least 30 days prior to the auto-renewal date. If you are on an annual subscription we will also notify you a second time not less than 10 days prior to the auto-renewal date.
If you do not cancel your subscription before your current subscription period ends, your subscription will automatically renew and you will automatically be charged and invoiced the notified subscription fee for the renewed subscription period.
If you are subscribed to an annual subscription and you cancel within 30 days after your subscription last auto-renewed, we will issue a pro rata refund of the fees paid for the period following cancellation to the payment method charged for your auto-renewal.
Payment Authorisation: For subscription or other recurring fees or charges, by entering your credit card details into the Service, you agree to such fees and charges, and authorise us to charge that credit card in accordance with these Terms of Use for future fees and charges under these Terms of Use. You also consent that your credit card information will be saved and stored by us (or our service providers) for such future transactions.
A surcharge may apply for the use of certain credit cards, in which case you will be notified at the time you enter your credit card details.
Invoices: Invoices will be issued after we have successfully processed your payment from your credit card, for the subscription fee for your chosen subscription period. All invoices will be sent to the email address nominated on your account in the Service.
7.4 Changes to Subscription Fees
We may change the subscription fees at any time by providing you with at least 30 days’ notice unless the subscription fees are reduced in which case no minimum notice period applies. Such changes will apply at the end of your then current subscription term.
If you are not happy with any such changes to the subscription fees, you may cancel your subscription in accordance with Section 8.1, with such cancellation taking effect at the end of your current subscription term.
7.5 Failed Payments
If a payment fails:
- We will attempt to process payment again
- We will notify you via email
- If payment remains unsuccessful for 7 days, we may suspend or terminate your account
- You remain liable for all outstanding fees
7.6 Refunds
General policy: Fees are non-refundable except:
- Where required by Australian Consumer Law
- At our sole discretion in exceptional circumstances
- If we materially breach these Terms and fail to remedy within 30 days
- As otherwise specified in these Terms
Cancellation: You may cancel your subscription at any time, but you will not receive a refund for the current billing period (unless required by law or as otherwise specified in these Terms). Your access will continue until the end of the paid period.
8. Termination
8.1 Termination by You
You may cancel your registration for any reason at any time by:
- Navigating to Settings > Account > Cancel Subscription in the Service, or
- Contacting support@lucrii.io
Such cancellation will take effect:
(a) immediately if you notify us that you are cancelling due to the occurrence of either or both of:
(A) any revision to these Terms of Use that is detrimental to you or which imposes additional obligations upon you; or
(B) any change to the Service which removes a feature or function that you had access to before the change, including removing the ability to integrate with any Third Party Service, or places a new restriction on your use of the Service,
which in each case is required by us and to which you do not wish to agree (being a Detrimental Change). In such case, you will be entitled to a pro rata refund of any subscription fees you have paid in respect of the period following such cancellation; or
(b) in any other circumstance, at the end of the then-current subscription period, although you can cease use of the Service at any time.
You may disconnect any Third Party Service from the Service at any time if you no longer wish for the Service to ingest or access User Content from such Third Party Service, but if you do so you will no longer be able to use the Service’s functionality in connection with that Third Party Service.
Upon termination:
- Your access to the Service will end at the conclusion of your current billing period (or immediately if cancelling due to a Detrimental Change)
- You will not receive a refund for the current billing period (unless cancelling due to a Detrimental Change or required by law)
- You are responsible for exporting Your Data before termination
8.2 Termination by Us
We may immediately suspend or cancel your registration, either temporarily or permanently, if you breach any of these Terms of Use. If we suspend your use of the Service or cancel your registration, you must cease accessing and using the Service and, in the case of cancellation, these Terms of Use will be terminated, including the licence granted to you in Section 5.1.
We may also suspend or terminate your account immediately if:
- Your payment fails and remains unresolved for 7 days
- We are required to do so by law
- Continuing to provide the Service would create a security or legal risk
We may cancel your subscription and access to the Service at any time by giving you at least 60 days prior notice if, in our sole discretion, continuing to provide the Service to you is no longer commercially viable or we otherwise discontinue the Service. If we do so, we will refund to you any fees paid in advance for a period after the cancellation takes effect.
We will provide reasonable notice of termination except in cases of serious breach or legal requirement.
We may also temporarily limit or suspend your access to the Service, with immediate effect, where it is reasonably necessary, including for security, maintenance or public safety reasons, if you exceed any acceptable use or other limits notified to you in the Service, or if there are interoperability, data protection or other operational or technical reasons, and where practicable, we will notify you in advance. We will reinstate your access to the Service as soon as reasonably possible after the circumstances giving rise to the limitation or suspension have been rectified. If we suspend access under this paragraph for reasons not caused by you for more than 1 day in any month, you may seek a pro-rated refund or credit of fees paid.
8.3 Data Retention After Termination
Upon termination of your account:
Data Export Window: We will retain Your Data for 60 days after account termination to allow you to export it.
Email Reminders: We will send you email reminders to export your data:
- At 30 days remaining in the data retention window
- At 7 days remaining in the data retention window
- At 1 day remaining in the data retention window
Permanent Deletion: We will delete User Content within 7 days of your registration being cancelled. After the 60-day retention period expires, we will permanently and irreversibly delete Your Data from our systems in accordance with our Privacy Policy, except as noted below.
What we retain after deletion:
- Anonymised, aggregated data: We may retain anonymised, aggregated data derived from your usage indefinitely for analytical purposes and product improvement. This data cannot be used to identify you or your organisation.
- Legal retention requirements: We may retain certain data longer if required by law, including:
- Tax invoices and financial records: 7 years (ATO record-keeping obligations)
- Records related to disputes or legal proceedings: Until the matter is resolved + applicable limitation periods
- Records required by court order or regulatory authority: As specified in the order
Your Responsibility: You are responsible for exporting Your Data before the 60-day window expires. We strongly recommend exporting your data before cancelling your subscription to ensure you have a complete backup.
We will not retain any of User Content that you delete from the Service and we are not in any way responsible for any loss of User Content, or any other loss or damage, arising from or in connection with your deletion of User Content.
How to export your data: Navigate to Organisation Settings > General > Export all Data CSV in the Lucrii application. For assistance with data exports, contact support@lucrii.io.
No Recovery After Deletion: Once Your Data is permanently deleted after 60 days, it cannot be recovered. We do not maintain backups of deleted data beyond the 60-day retention period.
8.4 Survival
The following sections survive termination: Intellectual Property Rights (Section 5), Warranties and Disclaimers (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), and Dispute Resolution (Section 13).
9. Prohibited Uses and Acceptable Use
9.1 General Restrictions
In using the Service, you must not:
(a) knowingly provide us with inaccurate or incomplete information or information that you reasonably ought to know is inaccurate or incomplete, or impersonate any person or entity;
(b) violate any applicable laws, or use the Service for any purpose that is unlawful;
(c) knowingly distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any mobile, smart device or computer hardware or software;
(d) send spam or similar unsolicited messages or communications;
(e) breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, regulator or any communications network services provider;
(f) engage in any other conduct that inhibits any other person from using or enjoying the Service;
(g) engage in any illegal activity or violate any laws;
(h) infringe the intellectual property rights of others;
(i) upload malware, viruses, or malicious code;
(j) attempt to gain unauthorised access to the Service or other users’ accounts;
(k) interfere with or disrupt the Service or servers;
(l) use the Service to send spam or unsolicited communications;
(m) scrape, data mine, or extract data using automated means (except through our official API);
(n) resell or redistribute access to the Service without our written permission;
(o) impersonate another person or entity;
(p) harass, threaten, or abuse other users or Lucrii staff.
9.2 Enforcement
If we determine (in our sole discretion) that you have violated these Terms, we may:
- Issue a warning
- Temporarily suspend your account
- Terminate your account and delete Your Data
- Report illegal activity to law enforcement
- Take legal action to recover damages
10. Warranties and Disclaimers
10.1 Limited Warranty
We warrant that the Service will perform substantially in accordance with its description and our published documentation, provided you use it in accordance with these Terms.
All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use and the Service that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.
10.2 Specific Disclaimers
In particular, and without limiting the above:
(a) while we endeavour to provide convenient and functional Service, we do not guarantee that your requirements will be met, or that your use of the Service will be uninterrupted, error free, or that the Service is free of viruses or other harmful components;
(b) we cannot be responsible for any loss, corruption or interception of data sent to or from the Service which occurs outside of our computer systems (such as those which occur while being sent over the internet);
(c) we do not undertake checks to verify and do not warrant the accuracy, adequacy or completeness of Outputs; and
(d) we do not undertake to keep the Service updated.
We recommend that, to the extent possible, you install and use up-to-date anti-virus, anti-spyware and firewall software on your mobile phone, computer or other device you use to access the Service and that you regularly backup User Content.
10.3 General Disclaimers
To the maximum extent permitted by law:
- The Service is provided “as is” and “as available” without warranties of any kind
- We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement
- We do not warrant that the Service will be uninterrupted, error-free, or completely secure
- We are not responsible for third-party integrations, services, or content
10.4 Australian Consumer Law
Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
11. Limitation of Liability
11.1 Liability Cap
Subject to Section 11.3 and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or related to these Terms or the Service is limited to the greater of:
(a) The total subscription fees you paid to Lucrii in the 12-month period immediately preceding the event giving rise to liability, OR
(b) AUD $100
For clarity:
- If you have been a customer for less than 12 months, we will calculate the liability cap based on the total fees you have actually paid to Lucrii since your account was created
- If you are on a free trial or have not yet paid any fees, the liability cap is AUD $100
- This cap applies to all claims in aggregate, not per claim
This clause does not apply to limit your liability for breach of Sections 4.5 or 4.6 or either party’s liability under any indemnity under these Terms of Use, each of which is unlimited.
11.2 Excluded Damages
Subject to any obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we will not be liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.
11.3 Exceptions
Nothing in these Terms limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Gross negligence or wilful misconduct
- Breaches of consumer guarantees under Australian Consumer Law that cannot be excluded
11.4 Mitigation and Contribution
One party’s liability to the other party is diminished to the extent that the other party’s acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Each party must use its reasonable efforts to mitigate any loss it may suffer in connection with these Terms of Use.
11.5 Basis of Limitation
You acknowledge that the limitation of liability is reasonable given:
- The nature of the Service
- The pricing model
- The allocation of risk between the parties
- Your ability to backup Your Data independently
The exclusions and limitations of liability in this clause apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
12. Indemnification
You agree to indemnify, defend, and hold harmless Lucrii Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms
- Your violation of any law or regulation
- Your violation of any third party’s rights (including intellectual property or privacy rights)
- Your misuse of the Service
- Content you upload or process through Lucrii
- Any claim that Your Data infringes or violates any third party’s rights
Exclusion: You are not required to indemnify Lucrii to the extent that any claim arises directly from:
- Lucrii’s breach of these Terms
- Lucrii’s gross negligence or wilful misconduct
- Lucrii’s failure to implement reasonable security measures as described in our Privacy Policy
Defence and Control: We reserve the right to assume exclusive defence and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defence of such claims.
Notice: You must promptly notify us of any claim for which you believe Lucrii may be required to indemnify you, and we must promptly notify you of any claim for which we seek indemnification from you.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of Queensland, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and you consent to the jurisdiction of those courts. You agree that any legal action or proceeding arising out of or related to these Terms will be brought exclusively in the courts of Queensland, Australia.
13.3 Dispute Resolution Process
Before commencing legal proceedings, both parties agree to:
Negotiation: Notify the other party in writing of the dispute and attempt to resolve it through good-faith negotiation for 30 days
Mediation: If negotiation fails, attempt mediation through a mutually agreed mediator in Brisbane, Queensland
Court: If mediation fails or is refused, either party may commence legal proceedings
This does not prevent either party from seeking urgent injunctive relief.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lucrii Pty Ltd regarding the Service and supersede all prior agreements and understandings (including any prior or contemporaneous communications or displays whether electronic, oral, or written, between us and you in relation to the Service).
Nothing in these Terms limit any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
14.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision unless acknowledged in writing by us. No waiver, delay or failure by us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
14.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you.
14.5 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, internet failures, third-party service failures, or any failure or outage experienced by our hosting provider. This clause does not apply to any failure to pay invoices.
14.6 Independent Contractors
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Lucrii Pty Ltd. Both parties are independent contractors.
14.7 Electronic Communications
Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
14.8 Survival
The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
14.9 Third-Party Beneficiaries
If you access the Service via Apple App Store or Google Play, you acknowledge that Apple or Google is not responsible for providing any maintenance or support for the Service, has no warranty obligation whatsoever with respect to the Service, and is not responsible for any claims, losses, liabilities, damages, costs, or expenses related to the Service. Apple and Google and their subsidiaries are third-party beneficiaries of these Terms as they relate to the Service obtained through their stores.
14.10 Interpretation
The word “including” when used in these Terms is not a term of limitation.
14.11 Notices
All notices under these Terms must be in writing and sent to:
For Lucrii:
- Email: support@lucrii.io
- Post: PO Box 784, New Farm, QLD 4005
For you:
- The email address associated with your account
Notices are deemed received:
- Email: 24 hours after sending
- Post: 3 business days after posting
15. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us:
Email: support@lucrii.io
Post: PO Box 784, New Farm, QLD 4005
Company Details:
Lucrii Pty Ltd
ABN 46 694 710 211 / ACN 694 710 211
PO Box 784, New Farm, QLD 4005