Terms of Use
Effective Date: January 15, 2025 | Last Updated: January 15, 2025
Welcome to mescariovent. These Terms of Use govern your access to and use of our cash flow management platform and related services. By accessing or using our services, you acknowledge that you've read, understood, and agree to be bound by these terms. If you're using our services on behalf of an organization, you're agreeing to these terms for that entity as well.
1. Acceptance and Scope of Agreement
These terms create a binding legal agreement between you and mescariovent (ABN pending), operating from 296 Harbour Dr, Coffs Harbour NSW 2450, Australia. Your continued use of our platform constitutes ongoing acceptance of these terms, including any updates we make from time to time.
What's Covered
This agreement covers all aspects of your relationship with mescariovent, including but not limited to:
- Access to our web-based cash flow management platform
- Use of financial tracking and reporting tools
- Storage and processing of your financial data
- Communication channels between you and our support team
- Educational resources and guidance materials we provide
- Any updates, enhancements, or additional features we roll out
Important: We update these terms periodically to reflect changes in our services or legal requirements. We'll notify you of significant changes via email or through the platform. Your continued use after such changes means you accept the updated terms.
2. Account Registration and Eligibility
To use mescariovent, you need to create an account. This comes with certain responsibilities and requirements that help us maintain a secure and reliable service.
Eligibility Requirements
- You must be at least 18 years old or the age of majority in your jurisdiction
- You must provide accurate and complete information during registration
- You must have the legal capacity to enter into binding contracts
- You must not be prohibited from using our services under Australian law or any other applicable regulations
- If representing a business, you must have authority to bind that entity to these terms
Account Security
You're responsible for maintaining the confidentiality of your account credentials. This means choosing a strong password and not sharing it with anyone. We recommend using a unique password that you don't use elsewhere and enabling two-factor authentication when available.
Your Responsibilities:
- Keep your login credentials confidential and secure
- Notify us immediately if you suspect unauthorized access to your account
- Take responsibility for all activities that occur under your account
- Update your contact information promptly when it changes
- Ensure only authorized personnel in your organization access your account
If we have reason to believe your account has been compromised or is being used inappropriately, we reserve the right to suspend or terminate access while we investigate. We'll work with you to resolve such situations, but security comes first.
3. Acceptable Use and Restrictions
Our platform exists to help Australian businesses manage their cash flow more effectively. While we encourage creative and comprehensive use of our tools, there are boundaries we need to establish.
Permitted Uses
You may use mescariovent to track business finances, generate reports, analyze cash flow patterns, collaborate with team members, export your data, and integrate with compatible third-party accounting software. These activities support the legitimate business purposes our platform is designed for.
Prohibited Activities
The following activities violate these terms and may result in immediate account suspension:
Attempting to access other users' accounts, our systems, or data you're not authorized to view.
Disrupting or attempting to disrupt our services, servers, or networks through any means.
Using our platform to store or transmit illegal content or data that violates others' rights.
Reselling, sublicensing, or distributing our services without explicit written permission.
You also agree not to reverse engineer our software, remove any copyright notices, use automated systems to access our services in ways that strain our infrastructure, or impersonate others through our platform.
Think of it this way: use our platform as it's intended—to manage your business finances. If you're wondering whether something is allowed, ask yourself if it serves that purpose and respects the security and rights of others.
4. Data Privacy and Protection
We take the privacy and security of your financial data seriously. This section outlines our commitments and your rights regarding the information you entrust to us.
How We Handle Your Data
When you use mescariovent, you're sharing financial information with us. We store this data on secure servers located in Australia and process it solely for the purpose of providing our cash flow management services. Our detailed Privacy Policy explains our data practices comprehensively, but here are the key points:
- We encrypt your data both in transit and at rest using industry-standard protocols
- We never sell your financial information to third parties
- We only share data when legally required or with your explicit consent
- We maintain regular backups to prevent data loss
- We comply with the Australian Privacy Principles and applicable data protection regulations
Your Data Rights
You retain ownership of all financial data you input into our platform. At any time, you can export your data in standard formats, request corrections to your information, ask us to delete your account and associated data (subject to legal retention requirements), or obtain a copy of the personal information we hold about you.
Data Retention: After account termination, we retain certain information for 7 years to comply with Australian tax and financial regulations. This includes transaction records and financial reports but excludes unnecessary personal details.
5. Intellectual Property Rights
The mescariovent platform, including its design, features, and underlying technology, represents significant creative and technical investment. Understanding who owns what is important for both of us.
What We Own
mescariovent retains all rights, title, and interest in our platform, including the software code, user interface design, logos and branding, documentation and educational materials, algorithms and analytical tools, and any innovations we develop. These elements are protected by Australian and international copyright, trademark, and intellectual property laws.
What You Own
You retain full ownership of the financial data you input into our system. Your business information, transaction records, and any content you create using our tools remain yours. We claim no ownership over this data—we're simply the custodians who keep it secure and help you make sense of it.
License Grant
When you use mescariovent, we grant you a limited, non-exclusive, non-transferable license to access our platform for your business purposes. This license continues as long as your account remains active and in good standing. You cannot transfer this license to another party without our written consent.
Feedback Welcome: If you suggest improvements or new features, we appreciate it. While you retain no ownership over these suggestions once shared, we're always grateful for user input that helps us build a better product.
6. Service Availability and Modifications
We work hard to keep mescariovent running smoothly, but like any technology service, we can't guarantee uninterrupted availability. Here's what you can expect from us.
Service Commitment
We strive to maintain platform availability of at least 99.5% during business hours (Monday to Friday, 9 AM to 5 PM AEST). This excludes scheduled maintenance periods, which we announce in advance whenever possible. Occasionally, we need to perform emergency maintenance—we'll keep these disruptions brief and notify you as quickly as we can.
Platform Updates
Technology evolves, and so does mescariovent. We regularly update our platform to add features, improve performance, and address security concerns. Most updates happen seamlessly in the background. For major changes that affect how you use the platform, we'll provide advance notice and guidance.
We reserve the right to modify or discontinue features, but we won't remove core functionality without offering reasonable alternatives or transition periods. Your feedback during these changes helps us make better decisions.
Third-Party Services: mescariovent integrates with various third-party accounting and banking platforms. We're not responsible for the availability or performance of these external services, though we'll do our best to notify you if we become aware of issues affecting integrations.
7. Payment Terms and Refunds
Using mescariovent involves financial commitments from both sides. We're transparent about what you'll pay and what you'll receive in return.
Subscription Structure
We offer monthly and annual subscription options. Your subscription renews automatically unless you cancel before the renewal date. We'll charge your nominated payment method on each renewal date. If payment fails, we'll attempt to process it again and contact you to update your payment details.
Pricing Changes
We occasionally adjust our pricing to reflect increased costs or added value. When we do, existing subscribers receive at least 30 days' notice before new rates take effect. You'll have the option to continue at the new rate or cancel your subscription before the change occurs.
Refund Policy
We offer a 14-day money-back guarantee for new subscribers. If mescariovent isn't the right fit for your business, contact us within 14 days of your initial subscription, and we'll refund your payment. After this period, subscriptions are non-refundable, though you can cancel anytime to prevent future charges.
| Scenario | Refund Eligibility | Process |
|---|---|---|
| First 14 days as new subscriber | Full refund available | Contact support with account details |
| After 14-day period | No refund, but can cancel | Manage through account settings |
| Service disruption on our end | Pro-rated credit considered | Contact support with dates affected |
| Annual subscription cancellation | No partial refunds | Service continues until period ends |
8. Limitation of Liability
While we work diligently to provide accurate and reliable cash flow management tools, we need to establish reasonable boundaries around our liability. This section explains those limits in plain terms.
Service Limitations
mescariovent provides tools and information to assist with financial management, but we don't provide financial advice. You're responsible for your business decisions based on the data our platform presents. We recommend consulting qualified financial professionals for significant business decisions.
To the maximum extent permitted by Australian law, we're not liable for indirect, incidental, or consequential damages arising from your use of mescariovent. This includes lost profits, business interruption, or data loss—even if we've been advised of the possibility of such damages.
Liability Cap
Our total liability to you for any claims arising from these terms or your use of mescariovent shall not exceed the amount you've paid us in the 12 months preceding the claim. This cap applies regardless of the legal theory underlying your claim.
Australian Consumer Law provides certain guarantees that cannot be excluded. Nothing in these terms attempts to exclude or modify those statutory guarantees. If you're a consumer under Australian law, you retain all rights provided by consumer protection legislation.
Data Accuracy
While we provide tools to help you manage cash flow, you're responsible for the accuracy of data you input. We're not liable for business decisions made based on incorrect information you've entered or errors in your interpretation of reports our platform generates.
9. Indemnification
You agree to indemnify and hold harmless mescariovent, our directors, employees, and contractors from any claims, damages, or expenses arising from your use of the platform, your violation of these terms, or your infringement of any third-party rights.
This means if your use of mescariovent leads to legal action against us—for example, if you upload content that violates someone else's intellectual property rights—you'll cover the associated costs. This indemnification doesn't apply to situations caused by our negligence or misconduct.
Cooperation
If we face a claim related to your use of mescariovent, we'll notify you promptly. You agree to cooperate with us in defending against such claims. We retain the right to assume exclusive defense and control of any matter subject to indemnification, but we won't settle any claim without your consent if it affects your obligations.
10. Termination
Either party can end this relationship, though we prefer to work through issues when they arise rather than part ways immediately.
Your Right to Terminate
You can cancel your mescariovent subscription anytime through your account settings. Cancellation takes effect at the end of your current billing period. You'll retain access until that date, and we won't charge you for subsequent periods.
Our Right to Terminate
We may suspend or terminate your account if you violate these terms, engage in fraudulent activity, fail to pay subscription fees, or use the platform in ways that harm our business or other users. We'll typically provide warning before termination unless the violation is severe or involves security concerns.
Effects of Termination
Upon termination, your access to mescariovent ceases immediately. You'll have 30 days to export your data before we begin the deletion process. After 30 days, we may delete your account data, though we'll retain certain records as required by law.
Data Export: Before canceling, download your financial data. Once the 30-day grace period ends, we can't guarantee data recovery. We provide export tools in multiple formats to ensure you can transition smoothly to other systems.
11. Dispute Resolution
We hope disputes never arise, but if they do, we're committed to resolving them fairly and efficiently.
Initial Contact
If you have a concern about our service, please contact us at help@mescariovent.com first. Most issues can be resolved through direct communication. We'll respond to your concern within 2 business days and work with you toward a solution.
Formal Resolution Process
If informal resolution doesn't work, we can pursue mediation before escalating to legal proceedings. Mediation keeps costs down and often leads to outcomes both parties can accept. We'll share mediation costs equally unless we agree otherwise.
Governing Law
These terms are governed by the laws of New South Wales, Australia. Any legal proceedings relating to these terms must be brought in the courts of New South Wales. This doesn't affect your statutory rights as a consumer under Australian law.
12. General Provisions
Entire Agreement
These terms, along with our Privacy Policy, constitute the entire agreement between you and mescariovent regarding use of our platform. They supersede any prior agreements or understandings, whether written or verbal.
Severability
If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
No Waiver
Our failure to enforce any right or provision in these terms doesn't constitute a waiver of that right or provision. We may enforce our rights under these terms at any time, even if we haven't enforced them in the past.
Assignment
You can't transfer your rights or obligations under these terms without our written consent. We may assign our rights and obligations to another entity, such as in the event of a merger or acquisition, provided it doesn't materially affect your rights.
Force Majeure
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, telecommunications failures, or other unforeseeable events. We'll notify you of such circumstances and resume performance as soon as reasonably possible.
Notices
We'll send notices to the email address associated with your account. You're responsible for keeping this information current. Notices become effective when sent. You can send notices to us at help@mescariovent.com or our physical address listed in these terms.