Terms & Conditions

1. About these terms

These Terms and Conditions ("Terms") are a legal agreement between you and Sam Brennan Pty Ltd trading as Sortwell (ABN 45 687 228 306) ("Sortwell", "we", "us", "our") and govern your access to and use of the Sortwell applications - Sortwell Budget (budget.sortwell.com.au), Sortwell Business Manager (bizmanager.sortwell.com.au) and Sortwell Debt Manager (debtmanager.sortwell.com.au) - the website sortwell.com.au, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

"Account" means your registered account for the Service. "Subscription" means a recurring monthly plan for access to an app. "Purchase" or "lifetime deal" (LTD) means a one-off payment for lifetime access to an app made under our earlier launch offer, before we moved to monthly pricing. "Owner" means the account holder; "additional user" or "seat" means another person you invite to share access, where the app supports it. "Your Data" means the information you enter into the Service.

3. Eligibility

You must be at least 18 years old. If you use the Service on behalf of a business, you confirm you have authority to bind that business to these Terms.

4. Your account

You are responsible for keeping your login details secure and for all activity that occurs under your Account. You must notify us promptly of any unauthorised use. As the Owner, you are responsible for any additional users you invite and for the access you grant them. Where an app supports limited-access users, those users have restricted access and cannot view your financial information.

5. Purchase, fees and payment

Monthly subscription. The Service is sold as a monthly subscription. Current pricing is shown on sortwell.com.au and may include the base price for an app plus an optional monthly charge for each additional user (seat). All prices are in Australian dollars (AUD) and include GST.

Payment. You pay monthly in advance through our payment provider (Stripe) on a Sortwell checkout address. By subscribing, you authorise us and Stripe to charge your payment method the subscription fee each month, including any additional seats you choose to add, until you cancel. Adding a seat increases your monthly charge.

Price changes. We may change our prices. We will give you reasonable notice before a change affects your Subscription, and you can cancel before it takes effect. A change to our prices does not affect a Purchase you have already made.

Earlier lifetime purchases. If you bought lifetime access to an app under our earlier launch offer, the move to monthly pricing does not affect you: you will never be charged a subscription for the app and features covered by your Purchase. Entirely new apps, or significant new features released after your Purchase, may be offered separately, but your existing lifetime access always remains yours at no recurring cost.

Failed payments. Access continues while your Subscription is paid up to date. If a payment fails, we may suspend access until it is completed.

6. Cancelling

There is no lock in contract. You can cancel your Subscription at any time from your account or by contacting us. Cancellation takes effect at the end of the paid month you are in, and you keep access until then. We do not refund part of a month already paid, except where required by law. Nothing here limits your rights under the Australian Consumer Law.

7. Earlier lifetime access

If you hold lifetime access from our earlier launch offer, it is grandfathered. You will not be moved onto a paid subscription for what you bought, there is nothing to cancel or renew, and your access continues for as long as we provide the app, subject to these Terms. We do not provide refunds for a Purchase except as required by law.

8. Acceptable use

You agree not to misuse the Service, including by attempting to access it without authorisation, interfering with its operation or security, reverse-engineering or copying it, reselling or sublicensing access without our permission, uploading unlawful or infringing content, or using it to breach any law. We may suspend or terminate access for serious or repeated breaches.

9. Your Data

As between you and us, you own Your Data. You grant us a licence to host, process and use Your Data as needed to provide, maintain, secure and improve the Service. You are responsible for the accuracy of the information you enter and for the decisions you make based on the outputs. You are responsible for keeping your own records; while we take reasonable steps to protect and back up data, you should retain copies of anything important to you.

10. Important - not financial, accounting, tax or legal advice

11. Use of artificial intelligence (AI)

Certain features of the Service use artificial intelligence and automated systems to power various tasks - for example, an in-app Help assistant, and to help generate, calculate, summarise or process information within the app. Where an AI feature processes your information, that information may be sent to and processed by our third-party AI provider (Anthropic) to produce a result, as described in our Privacy Policy. We do not use your data or your conversations to train AI models.

AI-generated outputs are provided for convenience and general guidance only. They may be incomplete, inaccurate, or unsuitable for your circumstances, and they are not financial, accounting, tax, credit or legal advice. You are responsible for reviewing AI outputs before relying on them, and you should confirm anything important with a qualified professional. We may add, change, or remove AI features at any time.

12. Availability

We aim to keep the Service available and reliable but do not guarantee it will be uninterrupted or error-free. We may perform maintenance, update features, or modify or discontinue parts of the Service, and will take reasonable steps to limit disruption.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (ACL) or other laws that cannot lawfully be excluded. Where our liability under such a law can be limited, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

14. Disclaimers and limitation of liability

To the maximum extent permitted by law, and subject to clause 13:

The Service is provided "as is" and "as available", and we exclude all warranties not expressly set out in these Terms. We are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service.

Our total aggregate liability to you in connection with the Service is limited to the amount you paid us for the Service in the 12 months immediately before the event giving rise to the liability.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses and costs arising from your misuse of the Service, your breach of these Terms, or your infringement of any third party's rights.

16. Intellectual property

We own all intellectual property rights in the Service, including its software, design, branding and content. We grant you a limited, non-exclusive, non-transferable right to use the Service while you have access to it in accordance with these Terms. You may not use our name, logo or branding without our written permission.

17. Third-party services

The Service relies on third-party providers (including Supabase, Vercel, Stripe and Anthropic). We are not responsible for the acts, omissions or availability of third-party services, though we choose reputable providers.

18. Termination by us

We may suspend or terminate your access if you breach these Terms or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends. We may retain or delete Your Data in accordance with our Privacy Policy and applicable law.

19. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and take reasonable steps to notify you. Continued use of the Service after changes take effect means you accept the updated Terms.

20. Governing law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

21. Contact us