Terms & Conditions

These Terms & Conditions govern access to and use of the Cacxi platform, including booking, calendar sync, chatbot/AI, SMS/OTP, web content crawling/RAG, and related services provided by CACXI Pty Ltd (ABN 75 686 510 770), service address Tallawong, NSW 2762, Australia.

1. Who We Are & Scope

“Cacxi”, “we”, “our”, “us” refers to CACXI Pty Ltd. “Platform” means the Cacxi website, dashboards, APIs and integrations. “Services” include scheduling, Google Calendar sync, chatbot interactions, SMS/OTP reminders, website crawling and retrieval-augmented generation (RAG), and related features.

These Terms apply to two audiences: Users (businesses/teams who create a Cacxi account to manage resources and accept bookings), and End Customers (individuals who make a booking with a User through Cacxi). End Customers may also be subject to the User’s own terms (e.g., clinic/salon policy).

2. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood and agree to these Terms. If you do not agree, you must not use the Services.

3. Key Definitions

• Account: a User account at Cacxi.
• Booking Data: appointment details, resources, availability and related information.
• Content: data, text, files, prompts, websites and other material provided or connected to your use of the Services.
• Third-Party Services: Google Calendar, Stripe, SMS/email providers, LLM/TTS/STT providers, hosting and analytics vendors.

4. Eligibility, Account & Security

• You must be legally capable of entering into contracts.
• Keep your account secure. You are responsible for all actions under your Account, including OTP logins and actions by your authorised staff/agents.
• Provide accurate name, email and phone; keep details current.

5. Acceptable Use (Prohibited Activities)

You must not: break the law; scrape or overload the Platform; send spam or unlawful messages; upload malware; submit or attempt to process Sensitive Information (e.g., raw card numbers, government IDs, medical data) except via approved secure flows and a valid lawful basis; infringe IP; attempt to bypass security or rate limits; or misuse Third-Party Services via our integrations. We may investigate, suspend or terminate accounts for suspected breaches.

6. Privacy & Australian Law

We handle personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our Privacy Policy (incorporated by reference). We collect names, emails, phone numbers, booking data, chat transcripts, device/usage metadata, and content Users authorise us to crawl/index for RAG. We use this data to operate, secure, support and improve the Services. We may process data in and outside Australia using vetted providers. We assess suspected Notifiable Data Breaches and notify where required.

Where we process personal information on your behalf, our Data Processing Addendum (DPA) forms part of these Terms. Request via contact@cacxi.com.

7. Website Crawling, Indexing & RAG (AI)

• When enabled, you authorise us to crawl and index your website(s), files and knowledge sources for RAG.
• You warrant you have rights/permissions to allow crawling and to license that content to us for the Services.
• AI outputs may be inaccurate, incomplete or outdated and must not be relied upon as professional advice.
• You grant Cacxi a non-exclusive, worldwide, royalty-free licence to use, reproduce, transform, cache and display your Content solely to deliver and improve the Services.

8. Calendar Sync & Bookings

Users may connect Google Calendar to determine availability and to create/update events. You authorise us to read/write events as needed. Sync can fail (tokens, permissions, outages). You remain responsible for verifying bookings, preventing double-bookings and honouring appointments. We are not liable for missed appointments, conflicts or sync errors.

9. SMS, OTP, Email & Communications

• By using the Services, you (and End Customers) consent to receive OTPs, booking confirmations, reminders and service messages by SMS/email. Carrier charges may apply. Delivery depends on third-party networks; delays/failures can occur.
• No marketing: Cacxi does not send marketing campaigns at this time. If this changes, we will update these Terms and provide an opt-out mechanism.
• Users must comply with applicable communications laws (e.g., AU Spam Act 2003) for any messages they initiate via their own systems.

10. Payments, Subscriptions, Stripe & Auto-Debit

10.1 Payment Processor

We use Stripe to process payments. Stripe stores and tokenises payment card details. We do not store raw card numbers on Cacxi systems. Your use of payments is subject to Stripe’s terms and policies in addition to these Terms.

10.2 Card-on-File & Recurring Billing

By adding a payment method, you authorise us (via Stripe) to store a payment token and to charge automatically for subscriptions, seat add-ons, usage fees, taxes and other agreed charges; to use card network account updater services; and to perform pre-authorisations.

10.3 Plans, Renewals & Price Changes

Subscriptions renew automatically at then-current rates unless cancelled before the end of the current term. We may change prices or features with notice; changes apply on renewal unless otherwise stated. Trials: if not cancelled before trial end, billing commences.

10.4 Taxes

Fees are exclusive of GST unless stated; applicable taxes will be added to invoices.

10.5 Invoices, Failed Payments & Dunning

Keep a valid payment method on file. If a charge fails, we may retry, limit features or suspend/terminate the Account after notice. Late amounts may accrue reasonable admin/collection costs where permitted.

10.6 Refunds

Except where required by the Australian Consumer Law (ACL) or our posted Refund Policy, fees are non-refundable and partial periods are not credited upon cancellation. For refund queries email contact@cacxi.com.

10.7 Chargebacks

Please contact us first to resolve billing issues. Unfounded chargebacks may result in suspension; you remain responsible for amounts properly due.

10.8 BECS Direct Debit

If you enable bank debit in Australia, you agree to our Direct Debit Request (DDR) Service Agreement (available via contact@cacxi.com). Bank debits are handled by Stripe/its partners under that DDR.

11. Service Levels, Maintenance & Changes

The Services are provided “as is” and “as available”. We aim for high availability but do not guarantee uninterrupted service. We may modify features or perform maintenance; if a change materially reduces core functionality we will provide notice and options.

12. Intellectual Property

We own the Services, software, UI, logos and related IP. You own your Content. You grant us the limited licences necessary to operate, protect, troubleshoot and improve the Services (including use of non-personalised data for quality/safety as disclosed in our Privacy Policy). You must not copy, modify, reverse engineer or build competing services from our IP.

13. Confidentiality

Non-public information disclosed by one party to the other must be kept confidential and used only for the Services, except where disclosure is required by law.

14. Third-Party Services & Dependencies

Use of Third-Party Services (e.g., Google Calendar, Stripe, SMS/email, LLM providers) is subject to their terms. We are not responsible for their acts, omissions, outages, security or content. Integrations may require you to maintain valid tokens/permissions.

15. Data Retention, Export & Deletion

We keep data for as long as needed to provide the Services and as required by law. On request or closure, we will delete or de-identify personal information, subject to legal/backup constraints. If you need data export or deletion assistance, email contact@cacxi.com.

16. Security

We implement reasonable technical and organisational measures. No system is 100% secure. You are responsible for safeguarding login methods (including OTP delivery channels), using strong device security and notifying us promptly of suspected compromise.

17. Consumer Guarantees (ACL) & Disclaimers

Nothing in these Terms excludes, restricts or modifies non-excludable rights under the Australian Consumer Law (ACL). Subject to the ACL and to the maximum extent permitted by law, the Services are provided without warranties of merchantability, fitness for a particular purpose or non-infringement. AI outputs are experimental and may contain errors.

18. Limitation of Liability

• Indirect loss excluded: We are not liable for indirect, incidental, special, consequential or exemplary damages, including loss of profits, goodwill, missed bookings or data loss.
• Cap: Our aggregate liability for all claims in any 12-month period is limited to the lesser of AUD $100 or the fees you paid to us in that period. These limits do not apply to liability that cannot be limited by law.

19. Indemnities

You indemnify us (and our officers, employees, contractors) from claims, losses, damages, costs and expenses arising out of your breach of these Terms, your Content (including website content you authorise us to crawl), your misuse of the Services, infringement of third-party rights, and disputes between you and End Customers.

20. Suspension & Termination

We may suspend or terminate your Account (with notice where practicable) if you breach these Terms or the law, payment is overdue, we detect fraud/security risk/abuse, or we discontinue the Services. Upon termination, access ceases; we may delete data after a retention window; certain clauses survive (e.g., 12–19, 22–23).

21. Changes to These Terms

We may update these Terms. We will notify you (email/in-app). Updates take effect from the stated date. Continued use after the effective date constitutes acceptance.

22. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.

23. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control (e.g., internet/cloud outages, DDoS, power failures, pandemics, natural disasters, acts of government, or supplier failures).

24. Notices & Contact

• Privacy Policy: https://cacxi.com/privacy-policy/
• DPA, Refund Policy, DDR Agreement: contact@cacxi.com
• Service Address: Tallawong, NSW 2762, Australia

Refund Policy

Last updated: Sep 2025

1. Subscriptions

Subscription fees are non-refundable, except as required by the Australian Consumer Law (ACL). If you cancel during a billing period, you retain access until period end; no pro-rata refunds.

2. Technical Issues

If you are unable to use the Services due to a verified technical fault attributable to Cacxi, we may, at our discretion, provide a partial refund or account credit.

3. ACL Rights

Your ACL rights cannot be excluded. You may be entitled to a refund or compensation where there is a major failure.

4. How to Request

Email contact@cacxi.com with your account details, payment receipt and reason. We aim to respond within 10 business days.

Data Processing Addendum (Short-Form)

Last updated: Sep 2025

This DPA forms part of the Terms where Cacxi processes personal information on behalf of a User (Controller).

1. Roles. User = Controller; Cacxi Pty Ltd = Processor.
2. Purpose. Provide the Services (booking, reminders, chat history, RAG, calendar sync, SMS/email, support).
3. Sub-processors. Cacxi uses vetted providers listed in the Sub-processors List below (notice of material changes will be provided by email or posting).
4. Security. Reasonable technical/organisational measures (e.g., encryption in transit, access controls, monitoring).
5. Data Subject Rights. Cacxi assists Users with access, correction and deletion requests under applicable law.
6. Breach Notification. Cacxi notifies Users without undue delay of any notifiable data breach involving User data.
7. Return/Deletion. On termination, Cacxi deletes or de-identifies personal information after a retention period, unless required by law to retain.
8. International Transfers. Data may be processed outside Australia subject to contractual safeguards.
9. Contact. For a signed DPA, email contact@cacxi.com.

Direct Debit Request (DDR) Service Agreement (BECS)

Do I need this? Only if you enable bank debits via Stripe BECS in Australia. If you only take cards, this section does not apply.

Template – Last updated: Sep 2025

1. Authorisation. By providing your bank details, you authorise CACXI Pty Ltd (ABN 75 686 510 770) and its payment provider (Stripe Payments Australia Pty Ltd) to debit your account for subscription and related charges.
2. Frequency. Debits may occur monthly (or as agreed) in advance for subscriptions and for additional authorised charges.
3. Changes & Cancellations. Request changes or cancellation at least 5 business days before the next debit at contact@cacxi.com. We will confirm changes in writing.
4. Disputes. If you believe a debit is incorrect, contact us immediately. We will investigate and, if necessary, arrange a refund.
5. Your Obligations. Ensure sufficient funds; ensure your account can accept BECS debits; fees for failed debits (from your bank or Stripe) may be passed on to you.

Sub-processors List (Annex)

Cacxi engages the following sub-processors to provide the Services. Users are deemed to consent to these sub-processors. We will notify Users of material changes by email or posting on our website.

Contact

This page is a working legal draft for general information only and is not legal advice. Please obtain Australian legal review prior to publishing.