Terms of Use

1pm Terms of Use

Purpose of These Terms

These Terms of Use set out our legal obligations as a service provider, and your legal obligations as a user of 1pm, whether you are using a free, trial, beta, alpha, early release or paid version of the Service.

Please note:

The 1pm Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by use of the 1pm Service.

1pm.app reserves the right to change these Terms at any time without prior notice, effective upon the posting of modified Terms. 1pm.app will let You know about material changes by email or by notice within the Service. It is likely these Terms will change over time. It is Your responsibility to ensure You have read, understood and agree to the most recent Terms available at 1pm.app.

By registering to use the Service You acknowledge that You have read and understood these Terms and that You have the authority to act on behalf of any person or entity for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

1. Definitions

"Agreement" means these Terms of Use.

"Access Fee" means the fee (excluding any applicable taxes and duties) payable by You for each Subscription Licence in accordance with the 1pm.app fee schedule, which may change from time to time.

"1pm.app", "We", "Us" or "Our" means WorkZerk PTY Ltd ABN 72 163 622 508, trading as 1pm.app, which grants You the right to use the Service and to which You pay the Access Fee (or which provides You access via a free or beta Plan).

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data" means any data inputted, typed, pasted, entered, imported or uploaded by You or with Your authority into the Service or the Website, including files or images.

"End User" means any person who accesses the Service via a link, QR code, invitation or other access mechanism provided by a Subscriber for the purpose of interacting with the Subscriber's instance of the Service, and who is not themselves a registered User or Subscriber.

"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property right, anywhere in the world, whether or not registered.

"Licence" means a licence required by each User to access the Service.

"Plan" means the specific subscription plan You are subscribed to. Each Plan provides various levels of features, usage limits, record limits and operational limits (such as export or import of data, or sending of emails).

"Service" means the software application made available (as may be changed or updated from time to time by 1pm.app) via the Website at 1pm.app, or via other locations and servers acting as application servers for the 1pm Service.

"Stripe Billing Portal" means the Stripe billing portal that provides billing and subscription services to You as the Subscriber, and which is accessed directly from that third party platform.

"Subscriber" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers or assigns to use the Service.

"Subscription Period" means the period of time during which the Licences are in effect.

"User" means any person or entity, including the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.

"Website" means the internet sites at the domain 1pm.app, its subdomains, and any other site operated by 1pm.app.

"You" means the Subscriber, and where the context permits, a User. "Your" has a corresponding meaning.

2. Use of the Service

1pm.app grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your Plan. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Users, or any other applicable laws:

the Subscriber determines who is a User and what level of access that User has;
the Subscriber is responsible for all Users' use of the Service;
the Subscriber controls each User's level of access at all times and can revoke or change a User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be a User or shall have that different level of access;
if there is any dispute between a Subscriber and a User regarding access, the Subscriber shall decide what access, if any, that User shall have.

3. Your Obligations

3.1 Payment Obligations

Unless You are using a free or trial version of 1pm, You will be billed for all Subscription Licences at the beginning of each Subscription Period. Subscription Periods will automatically renew until this Agreement is terminated under clause 10.

Any Subscription Licences added during a Subscription Period will be billed when added at a pro-rata rate for the remainder of that Subscription Period. You may reassign Users between available Subscription Licences within a Subscription Period.

It is Your responsibility to remove unwanted Subscription Licences before each Subscription Period renews. No credit or refund will be provided for inactive, unassigned, or unused Subscription Licences.

All 1pm.app invoices will be available to You by email or download via the Stripe Billing Portal. You must pay all amounts specified in any invoice by the due date on that invoice.

Prices are exclusive of all applicable taxes, duties, levies or similar government assessments, including value-added (VAT), sales, use or withholding taxes (collectively, "Taxes"), unless otherwise stated. You are responsible for paying all Taxes associated with Your purchases. Where 1pm.app is legally required to collect Taxes on Your purchases (for example, GST for Australian customers or VAT for certain other jurisdictions), those Taxes will be added to the invoice. If You are exempt from any Tax, You must provide 1pm.app with valid evidence of exemption.

3.2 General Obligations

You must only use the Service and Website for Your own lawful business or personal internal purposes, in accordance with these Terms and any notice sent by 1pm.app or any condition posted on the Website. You may not use the Service to gain competitive information about 1pm.app or the Service.

You are responsible for maintaining Your billing contact details in the subscription settings of the Service via the Stripe Billing Portal. 1pm.app is not responsible for sending communications to contact details that are not correctly maintained by You.

3.3 Access Conditions

You must ensure that all usernames, passwords, access tokens and other credentials required to access the Service are kept secure and confidential. You must immediately notify 1pm.app of any unauthorised use of Your credentials or any other breach of security. You must take all other actions that 1pm.app reasonably deems necessary to maintain or enhance the security of 1pm.app's computing systems and networks and Your access to the Service.

When accessing and using the Service, You must:

not attempt to undermine the security or integrity of 1pm.app's computing systems or networks, or, where the Service is hosted by a third party, that third party's computing systems and networks;
not use, or misuse, the Service in any way which may impair the functionality of the Service or the Website, or impair the ability of any other user to use the Service or Website, including exceeding what 1pm.app deems to be reasonable use of the Service;
not attempt to gain unauthorised access to any materials other than those You have been given express permission to access, or to the computer system on which the Service is hosted;
not transmit, or input into the Service or the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website, except as is strictly necessary to use them for normal operation, or as permitted by mandatory applicable law.

3.4 Usage Limitations

Depending on which Plan of the Service You are accessing, Your use of the Service may be subject to limitations, including but not limited to monthly transaction volumes, record limits for various entities, data storage, feature sets, bandwidth, number of connected users or participants, number of emails sent, frequency and size of data import or export operations, and the number of calls You may make against 1pm.app's application programming interface (API) and user interface.

These limits may be disclosed in Your Plan or may be applied to specific users, operations or circumstances at the discretion of 1pm.app (especially where this usage is deemed by 1pm.app to be excessive). 1pm.app reserves the right to add or alter Usage Limitations as it deems appropriate to maintain the stability of the platform at any time, without notice, including limiting individual user access without notice for an extended period.

3.5 Communication Conditions

If You use any communication tools available through the Service or Website (such as email, chat, in-app messages), You agree to only use them for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service, including offers of goods or services for sale, unsolicited commercial email, files that may damage any other person's computing devices or software, content that may be offensive, or material in violation of any law (including material protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website or via the Service, You represent that You are permitted to make such communication. 1pm.app is under no obligation to ensure that the communications are legitimate or that they relate only to the use of the Service. As with any other web-based service, You must exercise caution when using the communication tools available. 1pm.app reserves the right to remove any communication at any time at its sole discretion.

3.6 Acceptable Use

In addition to the obligations above, You agree You will not, and will not allow any User or End User to, use the Service to:

transmit content that is unlawful, defamatory, obscene, harassing, threatening, hateful, infringing, or otherwise objectionable;
transmit any viruses, worms, malware or other malicious code;
impersonate any person or entity, or misrepresent Your affiliation with any person or entity;
collect or store personal data about any person without their consent or other lawful basis;
engage in activity that violates the privacy of others, or any data protection or privacy law;
conduct or promote any illegal activities;
use the Service in any manner that could damage, disable, overburden, or impair the Service.

4. Confidentiality and Privacy

4.1 Confidentiality

Unless the relevant party has the prior written consent of the other, or unless required to do so by law:

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
Each party's obligations under this clause survive termination of these Terms.

The confidentiality obligations above do not apply to any information which:

is or becomes public knowledge other than by a breach of this clause;
is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
is independently developed without access to the Confidential Information.

4.2 Privacy

1pm.app maintains a Privacy Policy on the Website that sets out the parties' obligations in respect of personal information. You should read that Privacy Policy and You will be taken to have accepted it when You accept these Terms.

Where You upload, input or otherwise make available personal data of third parties (including End Users) through the Service, You confirm that You have all necessary rights, consents and lawful bases to do so under applicable privacy and data protection laws, including the Australian Privacy Act 1988 (Cth), the EU General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA), and any other applicable law.

For the purposes of GDPR and similar laws, where You are a data controller (or business) and 1pm.app processes personal data on Your behalf, 1pm.app acts as a data processor (or service provider). A Data Processing Addendum (DPA) is available on request and is incorporated into these Terms where applicable.

4.3 International Data Transfers

The Service is currently operated from servers located primarily in Australia, and may be supported by infrastructure or service providers in other countries, as operational needs change. By using the Service, You acknowledge that Your Data (including any personal data) may be transferred to, stored, and processed in countries outside Your country of residence, including Australia.

Where required by applicable law (for example, transfers of personal data from the European Economic Area, the United Kingdom or Switzerland), 1pm.app will rely on appropriate transfer mechanisms, such as the Standard Contractual Clauses approved by the European Commission, or other lawful safeguards.

4.4 Your Data Protection Rights

Subject to applicable law, individuals may have rights in relation to their personal data, including the right to access, correct, delete, restrict, object to processing, and request portability of their data. Where 1pm.app processes personal data on behalf of a Subscriber, the Subscriber is primarily responsible for responding to requests from data subjects. 1pm.app will reasonably assist Subscribers in responding to such requests, as further described in the Privacy Policy and any DPA.

5. Intellectual Property

5.1 General

Title to, and all Intellectual Property Rights in, the Service, the Website and any documentation relating to the Service remain the property of 1pm.app (or its licensors).

5.2 Ownership of Data

Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of any 1pm.app Access Fee when due. You grant 1pm.app a worldwide, non-exclusive, royalty-free licence to use, copy, transmit, store, process and back up Your Data for the purposes of enabling You to access and use the Service, providing related services to You, and ensuring the security and integrity of the Service. This licence may include processing Data in geographic regions or countries other than Your own as described in clause 4.3.

5.3 Backup of Data

1pm.app follows industry-standard practices and procedures to prevent data loss, including a regular system data backup regime, but does not guarantee that no loss of Data will occur. 1pm.app expressly excludes liability for any loss of Data however caused. You may initiate exports of various entities from within the 1pm Service at any time (subject to usage limits and feature availability in Your Plan). Some data may not be exportable until such features are made available in a future release.

5.4 Third-party Applications and Your Data

If You enable third-party applications or integrations for use with the Service, You acknowledge that 1pm.app may allow the providers of those third-party applications to access Your Data as required for the interoperation of such applications with the Service. 1pm.app is not responsible for any disclosure, modification or deletion of Your Data resulting from any access by third-party application providers.

5.5 Ownership and Protection of Proprietary Rights

You acknowledge that the Intellectual Property Rights in the Service belong exclusively to 1pm.app and that You will not dispute such ownership. If 1pm.app provides new features or services based on requests, feedback or suggestions made by You, You acknowledge that any such new features or services belong exclusively to 1pm.app, and that You will not be compensated for the request, feedback or suggestion. 1pm.app may use such feedback for any purpose without restriction.

5.6 Copyright Infringement Notices

1pm.app respects the intellectual property rights of others. If You believe that material accessible through the Service infringes Your copyright, You may submit a notice to hello@1pm.app including:

Your contact details (name, address, email, phone);
a description of the copyrighted work claimed to have been infringed;
a description of the allegedly infringing material and its location within the Service;
a statement that You have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law;
a statement, made under penalty of perjury, that the information in the notice is accurate and that You are the copyright owner or authorised to act on the owner's behalf;
Your electronic or physical signature.

1pm.app will respond to valid notices in line with the United States Digital Millennium Copyright Act (DMCA) and equivalent legislation in other jurisdictions. 1pm.app may, in appropriate circumstances and at its discretion, terminate the accounts of users who are determined to be repeat infringers.

6. Use of AI Features

The Service may include features powered by artificial intelligence (AI), including machine learning models supplied by third-party providers (collectively, "AI Features").

You acknowledge and agree that:

output produced by AI Features is generated automatically and may contain errors, inaccuracies or omissions, and may not always reflect current or correct information;
You are responsible for reviewing all AI-generated output before relying on it, and for determining its suitability for Your intended purpose;
AI Features must not be used to generate unlawful, harmful, deceptive, defamatory or infringing content, or content that violates the rights of any person;
1pm.app does not warrant the accuracy, completeness, reliability or fitness for purpose of any AI-generated output;
as between You and 1pm.app, You retain ownership of Your inputs and, to the extent permitted by law and the relevant third-party provider, of AI-generated outputs derived from Your inputs;
1pm.app may impose reasonable usage limits on AI Features and may modify, suspend or discontinue them at any time.

You must not use AI Features to develop competing AI models, to train any machine learning model, or in any way that breaches the terms of the underlying AI providers.

7. Warranties and Acknowledgements

7.1 Authority

You warrant that where You have registered to use the Service on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity. By registering to use the Service You bind the person on whose behalf You act to the performance of all obligations under these Terms, without limiting Your own personal obligations.

7.2 Acknowledgement

You acknowledge that:

You are authorised to use the Service and to access the processed information and Data that is made available to You through Your use of the Service (whether that information and Data is Your own or that of anyone else);
the provision of, access to, and use of, the Service is on an "as is" and "as available" basis and at Your own risk;
1pm.app does not warrant that the use of the Service will be uninterrupted or error free. The operation and availability of systems used for accessing the Service, including public telephone services, computer networks, third party providers and the internet, can be unpredictable and may from time to time interfere with or prevent access to the 1pm Service. 1pm.app is not responsible for any such interference or prevention of Your access or use of the Service;
it is Your sole responsibility to determine that the Service meets the needs of Your business and is suitable for the purposes for which You use it;
You remain solely responsible for complying with all applicable accounting, tax, privacy, data protection and other laws. It is Your responsibility to check that storage of and access to Your Data via the Service and the Website will comply with the laws applicable to You (including any laws requiring You to retain records);
use of the Service, including any support provided by 1pm.app in any capacity, does not constitute the receipt of accounting, management, marketing, legal, financial, tax, payroll or any other professional advice from 1pm.app;
any default configurations of the Service supplied by 1pm.app are for Your convenience only, and it is solely up to You to determine if they are suitable for the purposes for which they are used.

7.3 No Warranties

1pm.app gives no warranty about the Service. Without limiting the foregoing, 1pm.app does not warrant that the Service will meet Your requirements or that it will be suitable for any particular purpose. To the maximum extent permitted by law, all implied conditions or warranties are excluded, including warranties of merchantability, fitness for purpose, title and non-infringement.

7.4 Consumer Guarantees

Where You are using the Service for the purposes of a business, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer right or remedy that cannot lawfully be excluded, restricted or modified, including (where applicable) under the Australian Consumer Law, the EU consumer protection directives, or similar laws in Your jurisdiction.

8. Limitation of Liability

To the maximum extent permitted by law, 1pm.app excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, savings, goodwill or business opportunity) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

If You suffer loss or damage as a result of 1pm.app's negligence or failure to comply with these Terms, any claim by You against 1pm.app arising from 1pm.app's negligence or failure will be limited, in respect of any one incident or series of connected incidents, to the Access Fees paid by You to 1pm.app in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event will either party be liable to the other for any indirect, incidental, special, consequential or punitive damages, even if advised of the possibility of such damages.

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms under clause 10.

9. Indemnification

You agree to defend, indemnify and hold harmless 1pm.app and its officers, directors, employees, contractors and agents from and against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

Your Data, or Your use of the Service in breach of these Terms;
Your violation of any applicable law or regulation;
Your violation of the rights of any third party (including intellectual property rights and privacy rights);
the conduct of any User or End User accessing the Service under Your account.

1pm.app will promptly notify You of any such claim and will reasonably cooperate with You, at Your expense, in the defence of the claim. You may not settle any claim that imposes any obligation on 1pm.app without 1pm.app's prior written consent.

10. Termination

10.1 Prepaid Subscriptions

1pm.app will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription, except where required by law.

10.2 No-fault Termination

These Terms continue for the period covered by the Access Fee paid or payable. At the end of each billing period these Terms will automatically continue for another period of the same duration, provided You continue to pay the Access Fee when due, unless either party terminates these Terms.

If 1pm.app chooses to terminate, 1pm.app will give You at least 30 days notice via email before the end of the relevant payment period. If You choose to terminate, You need to do this within the Stripe Billing Portal. 1pm.app will not accept termination notices via any other means such as verbal or written communications or requests.

If You terminate these Terms, You remain liable to pay all relevant Access Fees on a pro-rata basis for each day of the then-current period up to and including the day of termination.

10.3 Breach

If You:

breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 7 days after receiving notice of the breach (if the breach is capable of being remedied);
breach any of these Terms and the breach is not capable of being remedied; or
You or Your business become insolvent, go into liquidation, have a receiver or manager appointed of any of Your assets, make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction;

then 1pm.app may take any or all of the following actions, at its sole discretion:

terminate this Agreement and Your use of the Service and the Website;
suspend, for any definite or indefinite period of time, Your use of the Service and the Website;
suspend or terminate access to all or any Data;
take either of the actions above in respect of any or all other persons whom You have authorised to have access to Your information or Data.

For the avoidance of doubt, if payment of any invoice for Access Fees is not made in full by the relevant due date, 1pm.app may suspend or terminate Your use of the Service, the authority for any of Your organisations to use the Service, or Your rights of access to all or any Data.

10.4 Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

remain liable for any accrued charges and amounts which become due for payment before or after termination; and
immediately cease to use the Service and the Website.

10.5 Deletion of Data

1pm.app is entitled to delete all copies of Your Data after 30 days following termination of this Agreement, except where retention is required by applicable law.

10.6 Deletion of Inactive Accounts

1pm.app is entitled to delete any accounts deemed to be inactive (including free or previously paid accounts) at its sole discretion, without notice.

10.7 Survival

Clauses 4, 5, 6, 7, 8, 9, 10, 11, 12 and 14 survive the expiry or termination of these Terms.

11. Technical Support and Hosting

11.1 Help Desk

Limited support will be provided by 1pm.app to paying Users of the Service, subject to the following conditions:

all Access Fees due under this Agreement are fully paid at the time of the support request;
the person making the request has a valid 1pm login as an authorised administrator and has provided any requested verification token to confirm their access to the Service in that logged-in context;
the support request is not already covered in the user guide, Website, knowledge base or other available information about the Service;
the support request would not be expected to be known by a fully trained end user of the Service;
the nature of the support request is minor and can reasonably be expected to be answered by the help desk without a significant investment in time, effort, or expense;
the support request is solely related to the Service as delivered from the hosting location, and not related to ancillary hardware, software or systems used by You to access the Service.

The limited support provided under this Agreement is not intended to be a replacement for end-user training, system configuration, or consulting. If, in the sole opinion of 1pm.app, the support request does not meet the criteria for limited support, 1pm.app may decline to respond and may suggest alternative means of satisfying the request, such as professional services for additional training or consulting, or a more comprehensive support agreement. Details on how to contact the help desk can be found via the Website.

11.2 Hosting

1pm.app hosts the Service primarily in Microsoft Azure regions, with infrastructure located to balance performance, redundancy and data sovereignty considerations. 1pm.app may use additional providers and regions to support Service operations.

11.3 Service Availability

The Service will be available to the Subscriber for 99% of all scheduled available time, as it relates solely to 1pm.app's network and server internet access. Scheduled available time is defined as 24 hours a day, seven days a week, excluding:

periods during which the Service is classified as alpha, beta, early release or other monikers indicating that the version being used is not a stable version of the Service;
routine system maintenance downtime of up to twelve hours per week, which will be scheduled outside of normal Australian (Brisbane) business hours (between 9am and 5pm) where practical;
downtime to address specific critical Service issues;
any downtime caused by circumstances beyond the reasonable control of 1pm.app, including any third-party software or infrastructure providers.

11.4 Support for End Users

The Subscriber acknowledges and agrees that:

(a) 1pm.app does not provide direct technical support to End Users. The Subscriber is solely responsible for providing first-level support to all End Users using their instance of the Service, including assistance with accessing links, completing forms, uploading documents, and resolving general usability questions.

(b) Where an End User experiences a technical issue that the Subscriber cannot resolve, the Subscriber may escalate the issue to 1pm.app Support on the End User's behalf, subject to clause 11.1.

(c) The Subscriber must make reasonable efforts to diagnose and document any escalated issue before contacting 1pm.app Support, including obtaining relevant details from the End User such as the device used, browser type, error messages, and steps taken.

(d) 1pm.app may, at its sole discretion, provide guidance or assistance for escalated End User issues, but is under no obligation to communicate directly with End Users or to resolve issues arising from End User error, device incompatibility, or internet connectivity.

(e) The Subscriber is responsible for communicating any resolutions or workarounds provided by 1pm.app back to the affected End User.

(f) End Users may access the Service via personalised links or QR codes without creating or maintaining passwords or user accounts. Where an End User reports being unable to access a link, the Subscriber should first verify the link has not expired or been revoked, and may issue a new link if required. 1pm.app is not responsible for End User access issues arising from expired links, incorrect email addresses, email deliverability issues, spam filtering, or End User error.

12. General

12.1 Entire Agreement

These Terms, together with the 1pm.app Privacy Policy and the terms of any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings, and constitute the entire agreement between You and 1pm.app relating to the Service and the other matters dealt with in these Terms.

12.2 Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

12.3 Force Majeure

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, or failures of third-party services or providers. This clause does not apply to any obligation to pay money.

12.4 No Assignment

You may not assign or transfer any rights or obligations under these Terms to any other person without 1pm.app's prior written consent. 1pm.app may assign or transfer its rights and obligations under these Terms without restriction.

12.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, for all disputes arising out of or in connection with these Terms.

Nothing in this clause limits Your right (if You are a consumer) to bring proceedings against 1pm.app, or to rely on mandatory consumer protections, in the courts of Your country of residence where such rights cannot be excluded by agreement.

12.6 Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

12.7 Export Controls and Sanctions

You represent and warrant that You are not located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions by Australia, the United Nations, the European Union, the United Kingdom, or the United States, and that You are not on any restricted parties or sanctions list maintained by these authorities. You agree to use the Service only in compliance with all applicable export control and sanctions laws.

13. 1pm.app Email Services

Users must confirm that all email addresses contained in any contact or End User records used to send emails from within 1pm have been obtained with the explicit consent of the recipients to email them.

Users agree that they will not use paid, purchased, rented or third-party lists of email addresses. All contacts and End Users entered into 1pm must have an existing relationship with the User, either commercial or personal, and the recipient must be familiar with the sender and not be anonymous to the sender.

Users agree not to email role-based email addresses such as info@domain.com or hello@domain.com unless that email address is known by the User to be the personal email address of the intended recipient.

Users must adhere to all applicable laws and regulations regarding email communications, including but not limited to anti-spam laws such as the Spam Act 2003 (Cth), the US CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), the EU ePrivacy Directive and GDPR, or be subject to termination of this Agreement without notice or refund.

As the User of the Service, You acknowledge that You are solely responsible for any legal violations or complaints arising from sending emails through 1pm, as they are sent on Your behalf.

1pm.app reserves the absolute right to terminate or suspend the 1pm Service for any User without notice or refund, if bounce or spam complaint rates are deemed to be in excess of industry-accepted standards, at the sole discretion of 1pm.app, and to limit or throttle future sending of emails via the 1pm Service.

14. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to 1pm.app must be sent to hello@1pm.app or to any other email address notified to You by 1pm.app. Notices to You will be sent to the email address You provided when setting up Your access to the Service as the primary account holder.

15. Geographic Availability and Sanctions

The Service is intended to be available to Users globally, subject to compliance with applicable laws.

You acknowledge that:

the Service is hosted primarily in Australia, and performance (including latency) may vary depending on Your geographic location, device, internet connection speed and stability;
it is Your responsibility to ensure that Your internet connection and device are capable of accessing the Service at a reasonable level of performance;
1pm.app is not responsible for performance issues, application errors or service disruptions arising from User-side factors such as poor connectivity, unsupported devices, or geographic distance from the hosting location;
1pm.app reserves the right to deny or limit access to Users whose use degrades the experience for other Users or causes application errors, at the sole discretion of 1pm.app;
1pm.app may, at its discretion, restrict access to the Service from particular countries or regions where required by law (including export controls and sanctions) or for operational reasons.

The only remedy available to You where performance issues result from Your connection or device is to access the Service using a faster, more reliable internet connection, or from a location closer to the hosting region. 1pm.app Support cannot resolve such issues directly.

16. Addendum for Tax Residents of New Zealand

The following Terms only apply to entities regulated by the New Zealand Tax Administration Act 1994 and the Goods and Services Tax Act 1985.

Taxpayers remain responsible for their tax obligations, including retaining business records for the retention period (usually seven years) required under the Tax Administration Act 1994. Unless this Agreement is terminated, 1pm.app will retain Your Data for at least seven years for the purpose of the Commissioner of Inland Revenue being able to readily ascertain the amounts of tax payable by You.

If this Agreement is terminated, You must request a backup of Your Data within 20 days of termination. You must then retain Your Data in accordance with Your obligations under New Zealand legislation, including the Tax Administration Act 1994. 1pm.app is entitled to delete all copies of Your Data after 30 days following termination of this Agreement, or pursuant to the inactive account provisions of this Agreement.

17. Addendum for Free Trial and Non-paying Users

The following additional Terms apply to non-paying Users. If any conflict or doubt arises, these additional Terms prevail:

1pm.app may terminate Your use of the Service at any time and for any reason (or no reason) without notice;
You agree that Your Data has no commercial or personal value to 1pm.app, and that 1pm.app may delete Your Data upon termination of the Service, or at its sole discretion without notice;
You will not be entitled to technical support, although 1pm.app may elect to provide this at its sole discretion;
You will maintain Your own backups or master copy of any data entered into 1pm and will not rely on data stored on the 1pm database servers as Your only copy of that data;
You understand and accept that data loss, corruption or errors may occur, and that data may be unrecoverable in these circumstances.

18. Alpha, Beta and Early Release Versions

You understand that when using any alpha, beta or early release versions of the Service (whether apparent or not), You may experience an unexpectedly high degree of errors, delays or malfunctions, some of which may prevent practical use of the Service. This is to be expected rather than the exception.

You agree to report any errors to 1pm.app Support via 1pm.app/help so these problems can be rectified for all Users as soon as practicable, and to use any alpha, beta or early release versions of the Service for testing and evaluation purposes only (rather than relying on the Service in any commercial capacity), until such time as the Service is deemed stable and is declared as generally available.

END OF TERMS OF USE