Terms and Conditions

Updated: Tue May 21 2024

Introduction and Agreement
1. We’re Good Code Pty Ltd (ACN 671 450 650) (Sheets Finance, we, our or us), a company registered in Australia, and we've developed and operate the Site, the Sheets Finance Software, as well as their connected applications and ancillary services (together, the Services).
2. Please read these terms and conditions (T&Cs) carefully before using our Services. Your access and use of our Services is subject to these T&Cs, the Privacy Policy, Acceptable Use Policy as well as policies, guidelines and instructions that we may publish from time to time and any Applicable Laws, as defined below, (collectively the Agreement).
3. By selecting 'Accept' or using the Services you acknowledge that you have read these T&Cs and are agreeing to the terms of the Agreement on behalf of any entity for which you use the Services, whether as a Sheets Finance Customer, Authorised User, End-User, Guest or in any other capacity.
4. If you do not agree with the terms of the Agreement, you must not access, browse or use the Services.
5. We reserve the right to amend, vary or impose new terms and conditions with respect to the Agreement at any time, and where we do so, we'll take reasonable steps to let you know about these changes before they take effect. Any such changes, updates or additions to these T&Cs will be found at insert website address. Please check this periodically for changes. If we think a change will have a material detrimental effect on you, then we'll endeavour to give you reasonable prior notice about the change, before it takes effect, and you may cease using our Services before it takes effect. If you continue to use our Services after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
Definitions and Interpretations
1. Please click here to jump to the defined terms and interpretation of the T&Cs.
Registering your Sheets Finance Account
1. You must register for a Sheets Finance Account to use and access the Sheets Finance Software. You can create a Sheets Finance Account by providing Sheets Finance with the required information, including your full name, email, company details, password, industry and any other information, and by accepting these T&Cs (and this may include other terms and conditions as required by Google Sheets from time to time).
2. Your Authorised Users must also sign up for an Account on the Site in accordance with Clause 3.1.
3. Your Guests may not need to sign up to access publicly shared Sheets Finance materials via Google Sheets. You must ensure that any Guests are aware of and agree to these T&Cs and in the event that a Guest breaches these T&Cs, we may therefore find you also in breach of these T&Cs as a holder of an Account. Sheets Finance reserves its rights to require that any Guest also sign up to a Sheets Finance Account in order to access any Sheets Finance materials.
4. You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by us). You further agree to update and keep updated your Sheets Finance Account.
5. You will receive an email confirming registration with us shorty after you have created your Sheets Finance Account.
6. You are solely responsible for all your activity on your Sheets Finance Account and may not allow any other party to access your Sheets Finance Account or use the Services using your account details. You may not share or reveal your Sheets Finance Account information or password to any other persons. You are responsible for maintaining confidentiality of your Sheets Finance Account information and password.
7. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or Sheets Finance Account.
8. You confirm that you (or your Guest) are at least eighteen (18) years old, and you affirm that you have the proper right, power, and authority to create a Sheets Finance Account.
9. You may access your Account details and amend and/or update those details via the Sheets Finance Website.
Accessing and Using the Software
1. Subject always to:
  - these T&Cs;
  - registering your Sheets Finance Account in accordance with clause 3; and
  - your Subscription;
  you are granted a non-exclusive, limited, non-transferable, non-assignable, freely revocable license to access and use the Services for your personal and/or commercial purposes (as determined by the Subscription Plan that applies to you). Your use of the Services offered by Sheets Finance, via the Site is subject always to Sheets Finance’s Acceptable Usage Policy.
2. All rights granted to you under these T&Cs must not be leased, assigned, sold, licensed, resold or transferred to any third party in any manner whatsoever. You must not in any way encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Sheets Finance Software.
3. Any breach of this clause 4 (including the Acceptable Usage Policy) constitutes a breach of these T&Cs. Where you breach the Sheets Finance T&Cs, we may, in our sole and absolute discretion, take necessary remedial action, and are released from all liability for including, but not limited to:
  - restricting, suspending or terminating your access to all or any part of our Services;
  - deactivating or deleting your Sheets Finance Account and all related information and files on the account;
  - attaching special conditions to your participation in our Services; and
  - referring persons to appropriate law enforcement authorities where required.
4. You are entitled to appeal any decision made pursuant to clause 4.4 by contacting us at support@sheetsfinance.com.
Legal Capacity
1. You must be eighteen (18) years of age or over to access or use our Services. If you are under the age of 18 years (Minor), you must immediately cease accessing and using our Services unless you have permission from a parent or guardian, who is 18 years or older, to create a Sheets Finance Account in accordance with clause 3 of this Agreement. If you are found to be a Minor, we are entitled, at our absolute discretion, and we will not be held liable to you or any third party for:
  - restricting, suspending or terminating your access to all or any part of our Services;
  - deactivating or deleting your Sheets Finance Account and all related information and files on the account; and
  - referring persons to appropriate law enforcement authorities where required.
  We do not knowingly collect information (personal or otherwise) about or in connection with any person who is under sixteen (16) years of age.
2. Any action made by you on the Site or Sheets Finance Software and your continued use of our Services is an acknowledgement by you that:
  - you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Sheets Finance Account; and
  - you accept these Terms and Conditions and agree that you have entered into a binding legal contract with us in relation to these Terms and Conditions.
  Customer Obligations
3. You acknowledge that our ability to be able to provide the Services to you without delay or interruption is dependent on your full and timely cooperation.
4. In order for us to be able to provide the Services to you, you agree to:
  - your information being shared with Sheets Finance for troubleshooting and support purposes;
  - your information being shared with Sheets Finance to improve our Software more generally;
  - co-operate with and assist us in the supply of the Services;
  - promptly respond to our communications and to provide us with full and accurate information, data and explanations as and when required including notifying us of any changes to such information;
  - procure all necessary rights, Intellectual Property Rights or otherwise, from third parties.
  - comply with all Applicable Laws, regulations and industry standards with respect to your activities and obligations under these T&Cs;
  - ensure that your network and systems comply with the relevant specifications and guidelines provided by us from time to time; and
  - comply with all reasonable directions and guidelines from us as advised from time to time.
Pricing and Subscription

Subscription Plans
1. We offer several different Subscription Plans for the Services which are subject to the Pricing quoted to you.
2. Information on the different Subscription Plans and Pricing can be found here.
3. Once a Subscription Plan is initiated, Sheets Finance Customers and/or the Authorised Users are responsible for the full payment of the relevant Pricing in advance of your use of the Software. If you change your Subscription Plan the Pricing will be adjusted accordingly.
4. Any unique customisation of the Sheets Finance Software may incur additional charges and be subject to separate terms and conditions. You can find more information regarding unique customisation by contacting us at support@sheetsfinance.com.
  
  Term and Renewal
5. Your Subscription Plan will commence on the date an Order has been made, or where no fee is payable, the date you register your Account. The Order will reflect the specific terms and conditions attached to the Subscription Plan chosen by you, such as user limitations, Pricing and the length of the Subscription (the Term).
6. The Term will renew automatically at the end of the Term, whether monthly or annually, as reflected on your Account, until terminated in accordance with clause 14 and as indicated in the Order and in your Sheets Finance Account. Pricing and Changes to Pricing
7. Depending on your Subscription Plan, the Pricing will be as provided here insert pricing page hyperlink.
8. The Pricing will not be changed retrospectively, however the Pricing displayed on or via the Site or the Services are subject to change without notice. If you do not agree to these changes, you may terminate these T&Cs in accordance with clause 14. No Refunds
9. No refund or credits will be issued for partial or unused Subscription periods. In the event you cancel your Subscription, cancellation will take effect at the end of the billing period set out in your Subscription Plan and Order, with no refund to be provided to you for any remaining days. Users may cancel at any time, but access will continue until the end of the current billing period.
  
  Taxes
10. The Pricing is exclusive of all Taxes and are in United State Dollars unless stated otherwise by Sheets Finance.
11. The Sheets Finance Customer will make all payments in respect of the Order without any Tax or Tax deduction applied and it is the sole responsibility of the Sheets Finance Customer to collect and discharge its own Taxes. Sheets Finance at its’ absolute discretion, may collect Taxes from time-to-time.
  
  Trial Period
12. Upon the expiration of a Trial Period, you will be prompted to provide payment details if these details have not already been provided. If payment details have been provided, you will be automatically charged on the date specified in the billing section of your Account. Failure to Make Payment
13. If payment for your Subscription Plan is not received by the date specified in the Order and at the end of the Trial Period, we will be entitled (without prejudice to any other right or remedy available to us under these T&Cs or Applicable Law) to:
  - withhold provision of the Sheets Finance Software, or suspend your access to any or all of the Sheets Finance Software, until payment of the outstanding amount is received by us in full; and
  - terminate these T&Cs pursuant to clause 14.
  Stripe and Payment Processing
14. Payment processing services for access to, and use of the, the Sheets Finance Software, are provided by Stripe and are subject to the Stripe End User Terms of Service, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
Intellectual Property

SheetsFinance IP
1. All rights, title or interest in and to the Services and any information or technology that may be provided to, or accessed by, you in connection with your use of the Services is owned, and will remain owned, by us or our licensors (Provider IP). Using the Services does not transfer any ownership or rights, title or interest in and to the Provider IP.
2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Services will automatically vest in, and are assigned to, us, including any enhancements, improvements and modifications to the Provider IP (collectively, the Developed IP).
3. You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Services and/or the Provider IP.
  
  Your Use of the Services
4. In return for you complying with these T&Cs, we grant you a limited, non-exclusive, non-transferable licence to access and use our Services (including Intellectual Property Rights contained therein) for your personal and non-commercial use only, and at all times in accordance with applicable terms (including these Terms and Conditions).
  
  Licensed Data and Sheets Finance Use of Data
5. You retain ownership rights to the Customer Data and the End-User Data.
6. You grant us a worldwide, perpetual, irrevocable, non-exclusive and royalty free license to access and use the Customer Data and the End-User Data (Licensed Data) for the purpose of performing our obligations under these T&Cs.
7. You agree that Sheets Finance may collect and analyse the Licensed Data in order to improve, upgrade, modify or otherwise support the operation of the Sheets Finance Software both during and after the Term.
8. If you enable any third-party applications in conjunction with the Sheets Finance Software, such as Google Sheets, you agree that the Licensed Data may be accessible by those third-party applications in order for such applications to function correctly. You will be bound by the terms of such third-party providers regarding the use of your Licensed Data and we will not be held responsible for the disclosure, modification or deletions of the Licensed Data by such third-party applications.
Warranties

Mutual Warranties
1. Each party represents and warrants to the other party that the T&Cs are a valid and binding agreement enforceable against each other and it has full authority to enter into and be bound by the obligations under the T&Cs. Sheets Finance Customer Warranties
2. You warrant and represent to Sheets Finance that:
  - all information and Customer Data provided is true, complete and accurate and is not misleading in any way;
  - your access to, or use of, the Services is not unlawful or prohibited by any Applicable Laws;
  - you or your organisation have obtained all necessary consents and that you are authorised to access and use the Services and you will not share the Services with any Guest without procuring that they accept these T&Cs (in accordance with clause 3.3) or who is otherwise prohibited whether by any Applicable Law or otherwise from accessing the Sheets Finance Software;
  - you understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  Disclaimer
3. We will use reasonable endeavours to provide constant, uninterrupted access to the Sheets Finance Software, but as with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Sheets Finance Software.
4. Your access may be restricted for reasons for which you are solely responsible and for which we will not be responsible or liable in accordance with clause 8.3. For example, as a Google Sheets account holder, Google may restrict the number of external requests you may make each day based on your account subscription, which may interfere with your use of the Software. You are solely responsible for maintaining your Google account in accordance with your usage.
5. All information provided via the Software, including but not limited to templates, share/stock prices, assessment of financials including pre-calculated financial ratios, is for informational purposes only and subject to any third party information sources we use from time-to-time:
  - We do not provide financial, investment or other professional advice and you should not rely on the data or templates provided by the Sheets Finance Software to make any financial or investment decisions.
  - We make no representation, warranty or guarantees that financial data or interpretations of such data are accurate, complete, reliable, current or suitable for any particular purpose. All information is provided on an ‘as-is’ basis.
  - Any reliance you place on the financial data or templates provided by the Sheets Finance Software is strictly at your own risk and we shall not be liable for any loss or damage arising from your use or reliance on such data for any purpose, including investment or financial decisions.
6. You acknowledge and agree that:
  - The financial information provided through the Sheets Finance Software may include data sourced from third parties. Sheets Finance does not control and is not responsible for the accuracy, completeness, reliability, or legality of such third-party data.
  - Sheets Finance is not liable for any claims, damages, or losses (whether directly or indirectly) arising from, or related to, the use or display of third-party data on the Sheets Finance Software
  - Sheets Finance provides no warranties or representations regarding the third-party data and expressly disclaims any liability for errors, omissions, or inaccuracies in the third-party data.
7. There are certain situations or events that may occur which will not be within our reasonable control. Sheets Finance is not liable for any failure to comply with its obligations relating to the Services where the failure is caused by something outside its reasonable control. Such circumstances will include, but are not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, pandemic, political unrest, riots, civil commotion, accidents, supervening legislation or any other circumstances amounting to force majeure. Where this occurs, we will notify you of these circumstances and attempt to recommence providing the Services as soon as we are able. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing the Sheets Finance Software.
8. To the maximum extent permitted by Applicable Law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided hereunder is given or assumed by us other than as required by Applicable Law. You acknowledge and agree that the Services is provided on 'as is' basis and that you will make your own investigations into whether or not the Services are fit for your purposes.
9. We make no representations, warranties or guarantees to you or to any third party:
  - that content available on, or produced by or via, the Services is accurate, complete, reliable, current, error-free or suitable for any particular purpose. This content is provided on an 'as is' basis and you acknowledge and agree that you exercise absolute discretion in choosing how to use this content; or
  - as to the availability of the Services or that the Services are or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.
Limitations of Liability
1. Our total liability to you or any third party (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) in connection with these T&Cs, for any one event or a series of related events (Liability Event), will be limited to the total amount paid by you under your relevant Subscription Plan (excluding any applicable Taxes and expenses) during the twelve (12) months immediately prior to the relevant Liability Event(s).
2. You assume sole responsibility for your use and/or the End-User’s use of the Services (including any content contained therein) and for any reliance on, and use of, conclusions drawn from such use.
3. We will have no liability for any losses suffered or any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the Services or any actions taken by us at your direction.
4. In no event will we be liable to you or any third party for any, arising directly or indirectly:
  - loss of profits, revenue, goodwill or business, business interruption, corruption, loss or alteration of data, downtime costs, loss of use, failure to realise anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, however caused;
  - breach by you or any third party of the Intellectual Property Rights of a third party or any Applicable Law or any relevant industry codes;
  - viruses, worm, trojan or other malicious code introduced into, or transmitted to, you or any third party during the course of using the Sheets Finance Software; or
  - loss of or damage to any property belonging to you or any third party or any personal injury or death arising out of or in connection with these T&Cs.
5. The parties acknowledge that the limitations of liability contained in this clause 9:
  - are a fair and reasonable allocation of the commercial risk between the parties;
  - do not affect either party’s rights under Australian Commercial Law or any other Applicable Law; and
  - do not include any liability arising out of either party’s gross negligence, fraud or wilful misconduct.
Indemnity
1. To the extent permitted by Applicable Law, you agree to indemnify and hold Sheets Finance, or its Affiliates, officers, directors, employees and contractors harmless from and against any and all claims, liabilities, losses, damages, expenses and costs that may be incurred by, or sustained by, the us arising out of, or in connection with, as a result or in respect of;
  - your access to and use of the Service;
  - a breach by you, an Authorised User or Guest, of these T&Cs;
  - Customer Data or End-User Data;
  - breach of any third party's Intellectual Property Rights or any other rights; or
  - breach by you of any Applicable Law.
Confidentiality
1. You and Sheets Finance agree not to use or disclose Confidential Information received or disclosed in the negotiation or operation of these T&Cs except for:
  - such use or disclosure necessary and required to perform the obligations under these T&Cs.
  - disclosing to the Authorised Users or the employees, contractors and/or advisors of Sheets Finance;
2. Disclosure of Confidential Information under 11.1(b) will only be made where it is necessary to do so and to those persons who are directly involved in performing your obligations or Sheets Finance’s obligations under these T&Cs.
3. Information is not to be regarded as Confidential Information where that information is already in the public domain or enters the public domain through no fault of the receiving party, is received from a third party without any obligations of confidentiality, is used or disclosed with the prior written consent of you or Sheets Finance, is disclosed in compliance with a legal requirement.
4. Any Confidential Information held by one party will be returned to the other or destroyed at the written request of the other party.
Privacy
1. You must, in connection with these T&Cs: (a) ensure that you and your employees, contractors and agents are aware of your obligations under all applicable Privacy Laws;
  - at all times comply with your obligations under applicable Privacy Laws; and
  - take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws as may be notified to you from time to time.
2. We are committed to protecting your privacy and personal information. In the course of accessing and using our Services, you may provide us with personal information. We respect your privacy and process your information in accordance with our Privacy Policy which you can read for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
Term and Termination

Term of T&Cs
1. These T&Cs will commence on the date that you register your details via the Site (whether in connection with a trial to use the Sheets Finance Software, as a paying user of the Sheets Finance Software, or otherwise) and after any applicable trial period, will continue in force so long as you continue to pay in line with the Pricing unless terminated in accordance with this clause 14.
2. These T&Cs will continue for the period covered by the relevant Subscription Plan.
  
  Termination
  
  Either party may terminate their relevant Subscription and cease using the Services without cause at any time and access will be provided until the end of the period of their Subscription Plan. You may terminate at any time by going to you account page on the Site.
3. We may terminate your Subscription and these T&Cs (or at our discretion, terminate or suspend the supply to you of the Services) immediately if you fail to pay any fees owing under your relevant Subscription Plan or commit a material breach of these T&Cs.
4. On termination of your Subscription and these T&Cs for any reason, we will be entitled to immediate payment for all fees owing under your relevant Subscription Plan properly incurred up to the date of termination and during any applicable notice period.
  
  Ending Subscription
5. It is your sole responsibility to manage active Subscriptions. If your intention is to cease use of the Services indefinitely, it is your responsibility to:
  - ensure any active Subscriptions are terminated; and
  - communicate with us to process any refunds (as applicable).
Support Services
1. We may, at our absolute discretion, provide you support in relation to your use of the Services or the Site. 14.2 You may access help documents to diagnose any issues that you are facing. If, after reasonable efforts, you are unable to access or find the information relevant to you, you may contact us at support@sheetsfinance.com. 14.3 We will endeavour to provide support during Business Days, however this cannot be guaranteed.
Miscellaneous

Amendments to the T&Cs
1. Sheets Finance may amend these T&Cs from time to time but the Site will be updated at all times to reflect the current version of the T&Cs. Where the T&Cs are to be amended, you will be notified in advance by email to the email associated with your Sheets Finance Account. By continuing to use the Services you agree to be bound by the current version of these T&Cs.
  
  Survival of T&Cs
2. All rights, obligations and provisions of these T&Cs capable or intending to survive termination of these T&Cs will remain in full force and effect following the termination or expiry of these T&Cs.
  
  Assignment
3. You must not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these T&Cs without our consent. Waiver
4. We may choose to waive or not enforce any breach of these T&Cs. Such waiver or failure to enforce will not deemed to be a waiver or failure to enforce breach at a future date. Relationship
5. Nothing in these T&Cs is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these T&Cs. Neither we nor you will have, nor represent that it has, any authority to make any commitments of this kind on the other party's behalf. These T&Cs, and the relationship between the parties contemplated by it, is not intended to be exclusive. Severability
6. If any provision of these T&Cs is held invalid or unenforceable, such provision will be deemed deleted from these T&Cs and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of these T&Cs will continue in full force and effect. Governing Law and Jurisdiction
7. These T&Cs is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there. Dispute Resolution
8. The parties will make reasonable efforts to resolve any disputes and pre-empt any potential disputes relating to these T&Cs. If a dispute arises in relation to these T&Cs that cannot be resolved via negotiation and the parties have made repeated, reasonable attempts to solve such a dispute, a party may give the other party a written notice adequately identifying the matters in dispute ("Dispute Notice").
9. Within 14 days of party giving a Dispute Notice, the parties must meet informally and attempt to resolve the dispute. If a resolution is not achieved within 28 days from the informal meeting, the party may give the other party written notice requiring the dispute to be referred to mediation governed under the laws of Victoria, Australia unless otherwise determined by Sheets Finance ("Mediation Notice").
10. If a Mediation Notice is given, the parties will appoint a mediator in writing, or if the parties cannot agree on a mediator within 7 days of the Mediation Notice being served, a mediator will be appointed by the chair of the Resolution Institute (the “Chair”) or the Chair's designated representative. The parties or their nominated representatives must attend any arranged mediation to attempt to resolve the dispute and unless otherwise agreed by the parties, the Resolution Institute Mediation Rules will apply to the mediation.
11. The costs of mediation will be shared equally by the parties unless otherwise agreed in writing.
12. If the dispute identified in the Mediation Notice is not resolved within 14 days of appointment of the mediator, either party may seek mediation, with the parties agreeing that the mediator will make a binding resolution.
13. No party may commence litigation unless they have first complied with this clause, except where the party is seeking urgent interlocutory relief.
14. Notwithstanding the existence of a dispute, each party must continue to perform its obligations under these T&Cs.
15. Clauses 15.8 to 15.15 survive the termination or expiry of these T&Cs.
  
  Entire Agreement
16. These T&Cs, policies and Order referred to constitute the entire agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these T&Cs.
17. These T&Cs shall prevail over any other terms and conditions or order form you are obliged by to the extent any inconsistency or contradictions arise between the two. Notices
18. Any notice required to be given under these T&Cs will:
  - For Sheets Finance, be sent to: support@sheetsfinance.com.
  - For you, be sent to the email associated with your Sheets Finance Account.

Definitions and Interpretations

In this Agreement:

Acceptable Use Policy means the Sheets Finance acceptable usage policy located at clauses 1.2 and 4 of these T&Cs.

Account means the account you created on the Site to access the Sheets Finance Software.

Affiliate means any Related Body Corporate of Sheets Finance.

Agreement has the meaning in clause 1.2.

Applicable Law means the Privacy Laws, Australian Consumer Law and all other such laws, legislation, regulations, rules or directives which Sheets Finance, the Sheets Finance Customer and the Authorised User are subject to from time to time;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Authorised User means the any individual who is an employee, contractor, agent or affiliated entity of the holder of an Account (or in the case of education subscribers, relevant students) who are authorised by the Sheets Finance Customer to use the Services and subscribe to use the Services via the Site in accordance with these T&Cs.

Business Day means 9.00am – 5.00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia.

Chair is defined in clause 15.10

Confidential Information means all information relating to both you and Sheets Finance and/or its Affiliates in whatever form and includes, without limitation, any trade secret, process, formula, idea, concept or any information relating to the affairs, accounts work, marketing plan, development plan, financial plan, sales plan, prospect, research, development, strategy, management, financing, product, invention, design, process and any database, data survey, specification, drawing, record, report, software or other document, concerning both you and Sheets Finance and/or its Affiliates or any of its customers or suppliers, except information lawfully in the public domain (other than as a result of a breach of any duty of confidentiality).

Consumer Guarantee has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law.

Customer Data is all data and content that the Sheets Finance Customer provides to Sheets Finance via your Sheets Finance Account, whether by uploading to the Sheets Finance Software, connecting via any third-party applications or otherwise.

Developed IP is defined in clause 7.2.

Dispute Notice is defined in clause 15.8.

End-User means a user of goods or services provided by Sheets Finance, on the Site or any other site that has integrated the Sheets Finance Software and for the avoidance of doubt, also includes Guests.

End-User Data means all data, information and content that are obtained from the End-User through an Authorised User’s use of the Sheets Finance Software.

Google Sheets means the web-based spreadsheet application provided by Google LLC, for which you may be required to hold a Google account and may integrate with other Google services.

Google Sheets App Store means the Google Workspace Marketplace located at https://workspace.google.com/marketplace.

Guest means a person that you invite to use the Services or who you share the Services with that is not an Authorised User.

Intellectual Property Rights means all present and future intellectual and industrial property right throughout the world of whatever nature (whether or not registered of registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, or other proprietary rights, or any rights to registration of such rights.

Licensed Data as licensed from the Sheets Finance Customer to Sheets Finance and is defined at clause 8.5.

Order means an order for the Services placed by a Sheets Finance Customer on or via the Site effective on the date the Sheets Finance Customer places that order, under which you purchase a Subscription Plan in exchange for access to the Sheets Finance Software..

Privacy Policy means the Sheets Finance privacy policy linked at clause 1.2.

Personal Information means any information relating to an individual person that identifies such person or that could reasonably be used to identify such person.

Pricing means the prices in respect of each Subscription Plan as set out on the page titled Pricing, which may be updated or amended by us from time-to-time.

Privacy Laws means the Privacy Act 1988 (Cth) the General Data Protection Regulation (GDPR) (EU 2016/679) and the California Consumer Privacy Act (CCPA) (as applicable).

Provider IP is defined in clause 8.1.

Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth).

Resolution Institute means the Australian independent dispute resolution organisation called Resolution Institute ACN 008 651 232.

Resolution Institute Mediation Rules means the rules of the Resolution Institute in respect of mediation as located at https://resolution.institute.

Sensitive information means any personal information about an individual that has significance to them, is revealing of them or may be deemed private to them and is generally information that requires a greater degree of protection under the Privacy Laws.

Services has the meaning defined at clause 1.1.

Sheets Finance means us and is defined in clause 1.1.

Sheets Finance Customer means any person or legal entity listed on the purchase invoice or sales document issued by us or who subscribes to use the Services via the Site and includes any of their Authorised Users.

Sheets Finance Software means the software we provide under these T&Cs that enables Sheets Finance Customers to use historical financial data with Google Sheets, which includes any associated software, technology, code and all Intellectual Property Rights contained therein, as located on the Site, or the Google Sheets App Store, and use of our extension on Google Sheets.

Site means www.sheetsfinance.com or any other Site operated by us for the provision of the Sheets Finance Software.

Stripe Services Agreement has the meaning set out in clause 6.14.

Software has the same meaning as Sheets Finance Software.

Subscription means your agreed access or use of the Services dependant on your payment arrangement.

Subscription Plan means each of the different forms of Subscription as linked and referred to at clause 6.

Taxes means any financial obligations imposed by a government authority for which you are liable to pay.

Term means the term of the Subscription set out in 6.3.

Trial Period means free access to the Services provided to you for a limited period of 15 days.

You or your means the person or entity accessing, using or relying upon the Services and includes, when applicable, the Sheets Finance Customer.

In the Agreement:

the defined terms apply to both the singular and plural forms;
headings used in these T&Cs are for reference only and will not in any way affect the meaning or interpretation of the T&Cs as a whole or any specific clauses(s) thereof; and
any mention in this Agreement of clauses and linked documents refers to the respective clauses in these T&Cs and the linked documents are considered part of this Agreement by reference.

Acceptable Usage Policy

This Acceptable Use Policy is effective as of 24 May 2024.

This Acceptable Use Policy is a non-exhaustive list of what is deemed to be misuse of the Services and applies to anyone with access to the Services whether as a Sheets Finance Customer, Authorised User, End-User, Guest or in any other capacity.

If you do not agree with the terms of the Agreement, you must not access, browse or use the Services.

You must not:

modify the Sheets Finance Software or merge any aspect of the Sheets Finance Software with another programme other than as expressly provided under the T&Cs;
record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Sheets Finance Software, the source code of the Sheets Finance Software or any documents, manuals or setup instructions provided with the Sheets Finance Software;
use our Services to develop a similar or competing product or service;
licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Sheets Finance Software;
engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
access, store, distribute, upload, post, publish, reproduce, disseminate or transmit:
- viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Sheets Finance Software,
- material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, abusive, harassing or racially or ethnically offensive or a contravention of the rights of any third party,
- material that facilitates illegal activity,
- personal information about, or otherwise belonging to, other persons, or
- material that abuses or causes damage or injury to any person or property;
disrupt, overburden, or aid or assist in the disruption or overburdening of:
- any hardware, the Sheets Finance Software or server used to offer or support our Services, or
- the enjoyment of our Services by any other person;
provide Sheets Finance Software login details or passwords, or otherwise provide access to the Software, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Sheets Finance Software;
attempt to gain unauthorised access to another Customer’s Sheets Finance Account, hardware, software, servers or networks connected to our Services by any means whatsoever;
impersonate any person or entity, including, but not limited to, a representative of Sheets Finance, or falsely state or otherwise misrepresent your affiliation with a person or entity;
share any features of the Sheets Finance Software that are not publicly available with any unauthorised third party; and
engage in any conduct on the Sheets Finance Software that is in breach of the T&Cs (or any agreements mentioned therein).