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Draft, under legal review. This text will change before Corbi launches.

Terms of Service

1. About These Terms

These Terms of Service (Terms) apply to your use of Corbi (the Service), provided by DHD Group Pty Ltd (ABN 92 608 566 150) trading as Nivens Tech, Brisbane, Queensland (Nivens Tech, we, us, our).

You means the business that signs up for the Service and each person who uses it on that business’s behalf. By ticking the acceptance box when you sign up, or by using the Service, you agree to these Terms and to our Privacy Policy. If you accept for a business, you confirm you are authorised to bind it.

2. What The Service Does

Corbi is in pilot. The Service helps a business owner build an annual operating budget and a rolling forecast from the business’s own figures in Xero. It:

  • connects to your Xero organisation with read-only access and reads your chart of accounts, profit and loss, balance sheet, trial balance and any existing Xero budget;
  • takes you through plain-English questions about money in (revenue), costs, people and overheads to produce a draft budget, which you review and lock;
  • refreshes your actual figures from Xero every night, shows actual figures against your budget and keeps your rolling forecast current; and
  • provides a report pack and lets you export your budget and forecast to Excel with formulas.

Under legal review: Balance sheet forecasting, the cash flow rework, monthly email and the hosted multi-tenant service are still being built.

The Service never writes to Xero. It does not create, change or delete anything in your Xero organisation.

General information only

The Service calculates figures from your own data using fixed rules that you choose. Its outputs are general information to help you plan. They are not financial, accounting, tax or legal advice, and they do not take your objectives, financial situation or needs into account. You remain responsible for your business decisions and should get professional advice where appropriate.

3. Your Account

  • You sign in with your Xero login ("Sign in with Xero"). You must keep your Xero login secure and turn on multi-factor authentication in Xero.
  • The Service is for business use. You must only connect Xero organisations you are authorised to connect.
  • Under legal review: You are responsible for everything done under your account, including by people you invite.
  • Tell us straight away at support@nivens.tech if you think your account has been used without your permission.

4. Connecting Xero

When you connect a Xero organisation you give us permission to read the data listed in clause 2 for that organisation. You can disconnect one organisation, or remove our access entirely, at any time from the Service’s Settings page or from Xero. After you disconnect, we stop reading data from that organisation.

Xero is a separate company. Your use of Xero is governed by Xero’s own terms. We are not responsible for Xero’s availability or for the accuracy of the data Xero provides.

5. Your Data

  • You own your data. That includes your Xero data and the budgets, drivers and forecasts you create in the Service.
  • You give us a licence to store, copy and process your data only as needed to provide, secure and support the Service and to meet our legal obligations.
  • We do not sell your data.
  • We do not use your data, or any data from Xero, to train artificial intelligence or machine learning models, including for predictive analytics. The Service’s forecasts come from fixed rules, not trained models.
  • Your data is stored in Australia, in Amazon Web Services’ Sydney region. How we handle personal information is set out in our Privacy Policy.

6. Fees, Trial And Billing

Corbi is in a free pilot. Trial and billing terms will be published here before launch.

Under legal review: No refund for part months, except where the law requires.

7. Acceptable Use

You must not:

  • use the Service unlawfully or to harm anyone;
  • try to access another customer’s data, or test, probe or attack the Service’s security;
  • copy, resell, reverse engineer or build a competing product from the Service, except as the law allows; or
  • overload the Service, including by automated access we have not agreed to.

8. Availability, Support And Changes

  • We aim to keep the Service available at all times but do not promise it will be uninterrupted or error free. We may pause it for maintenance, and will give notice of planned work where we can.
  • Under legal review: Nightly updates from Xero depend on Xero being available. If an update fails we retry it and tell you if your data stays out of date for more than 24 hours.
  • Support is by email at support@nivens.tech during business hours (Brisbane time).
  • Under legal review: We may improve or change the Service. We will not remove a core feature you rely on without reasonable notice.

9. Security

We protect the Service with encryption in transit and at rest and encrypted storage of Xero access tokens.

Under legal review: Proposed additional measures include separation of each customer’s data, multi-factor authentication for our administrators, audit logging and least-privilege access. More detail is in our Privacy Policy.

If we become aware of a security incident affecting your data, we will tell you promptly and meet our obligations under the Notifiable Data Breaches scheme and to Xero.

10. Intellectual Property

Nivens Tech owns the Service, including its software, design, report layouts and calculation methods. These Terms do not transfer any of it to you. You may use the Service for your own business during the free pilot. If you send us feedback, we may use it without obligation to you.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, that you have under the Australian Consumer Law or another law that cannot be excluded. Where our liability for failing to meet such a guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

12. Liability

Under legal review: To the extent the law allows:

Under legal review: we are not liable for any loss of profit, revenue, data or opportunity, or for any indirect or consequential loss;

Under legal review: we are not liable for decisions you make using the Service’s outputs, or for errors that come from the data in your Xero organisation; and

Under legal review: our total liability to you in connection with the Service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

13. Indemnity

Under legal review: you indemnify us against third-party claims caused by your breach of clause 7 or your unlawful use of the Service.

14. Suspension And Ending These Terms

  • You can close your account at any time from Settings.
  • Under legal review: We may suspend or close your account if you breach these Terms and do not fix the breach within 14 days of our notice, straight away for a serious breach or a security risk, or if your subscription is unpaid.
  • Under legal review: We may stop offering the Service with at least 60 days’ notice, and will refund any fees paid for the period after it stops.

Your data when your account closes

  • Before you close your account you can export your budgets and forecasts to Excel.
  • When your account closes we disconnect from Xero, revoke our access tokens and stop all updates.
  • Under legal review: We delete your data within 30 days of closure, and it rolls out of our backups within a further 35 days. We keep billing records for as long as tax law requires.

15. Changes To These Terms

Under legal review: We may update these Terms. We will give you at least 30 days’ notice of a change that is not in your favour, by email and in the Service. If you do not agree, you can cancel before the change takes effect. Continuing to use the Service after that date means you accept the change.

16. General

  • Under legal review: These Terms are governed by the law of Queensland, Australia, and the courts of Queensland have jurisdiction.
  • We may send notices to the email address on your account. You can send notices to support@nivens.tech.
  • You may not transfer your account without our consent. We may transfer these Terms to a buyer of the Service, with notice to you.
  • These Terms and the Privacy Policy are the whole agreement between us about the Service. If any part is unenforceable, the rest still applies.

17. Contact

DHD Group Pty Ltd (ABN 92 608 566 150) trading as Nivens Tech, Brisbane, Queensland. Email support@nivens.tech. Website https://corbi.com.au.