We believe transparency is key, and that's why our terms are published for all to see.

Here's the small print (it's actually a reasonable size to be fair)

The friendly version

For all the non-lawyer type people out there.

• You agree to pay us and we agree to provide you with a service
• If you don't pay us, we don't (in fact won't) provide you with the service any more
• You won't do anything illegal with our software, we don't want to go to prison
• You agree to not steal our stuff as we're sure you don't want to go to prison
• You won't use our stuff to do illegal things, we like the police and we'll help them catch you
• You won't use your phone whilst you're driving - it's against the law and it's dangerous
• All services are on a plan unless we agree otherwise: Crittah Lite - month to month, Crittah Small Biz - 3 months, Crittah Enterprise 12 months but hey you probably expected that anyway
• If you want to stop, just give us 30 days notice
• Like a mobile phone plan if you're in your plan you may have to pay something to finish early
• That's how we keep our costs down and our service high

Sound fair?

For the legal eagles out there

Here's the detailed version.

Software License Agreement for Crittah Software
This Software License Agreement (“Agreement”) is a legal agreement between you and Crittah Pty Ltd (“Crittah”) that covers the Crittah software product whether it is accessed via the Internet or Mobile Application (“Software”) or any other means.  Any supplemental information that Crittah has made available (including documents together with their accompanying supplemental information) (“Information”) or any Support or Implementation Services (“Support”), which collectively represent the “Service”.
In this Agreement “You” and “Your” refers to the individual or individuals or Company accessing the Service and “We”, “Us” or “Our” refers to Crittah Pty Ltd.

The singular implies the plural.  Headings to clauses are used for convenience only and shall not affect the construction or interpretation of this Agreement.

1. The Agreement
If this Agreement forms part of a proposal document (“Proposal”) or contains any attached schedules or annexures, by entering into this Agreement you are deemed also to accept the terms and conditions set out in these attached documents.
This agreement and any Proposal represents the entire agreement between you and us and supersedes all prior agreements, understandings, whether written or oral, relating to your use of the Service.

2. Acceptance of our terms
2.1 This Agreement sets out the terms upon which Crittah will provide the Service and the terms upon which you will use the Service.  By accessing the Service you:
(a) accept the terms and conditions set out in this agreement
(b) agree to be bound by these terms and conditions
(c) agree to fulfil your obligations of the Agreement
(d) acknowledge that you are duly authorized to enter into this Agreement whether as an individual or as a representative of an organization
If you do not agree to the terms of this Agreement, do not use any Crittah Software, Services or Support.

3. Amendments to this agreement
3.1 We reserve the right at our sole discretion to amend the terms of this Agreement from time to time.  Updated terms will be posted on the Crittah website www.crittah.com and made available within the mobile application.
3.2 Your continued use of the Service following such amendment will represent an agreement to be bound by the terms of this Agreement as amended.  Where terms have been amended you will be prompted on login to re-accept the Amended terms.

4.  Grant of license
4.1 You are granted a non-exclusive, non-transferable licence to use the Software and Service provided that all payments of amounts due and payable to us under this Agreement are and remain up to date. 
4.2 This Agreement grants you the right to use the Service only for its intended purpose. You may not
(a) sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of the Service
(b) redistribute the Service or Software in any form whether in whole or in part

5. Term
5.1   The term of this agreement unless agreed otherwise is for an initial term of:
5.1.1 Crittah Lite: One (1) month
5.1.2 Crittah Small Biz: Three (3) months
5.1.3 Crittah Enterprise: Twelve (12) 12 months
5.2The Term commences on the date you began accessing and using the Service (“Initial Term”), unless validly terminated earlier in accordance with this agreement.
5.3   The Agreement will automatically renew for successive terms, each a (“Renewal term”) each of equal length to the Initial Term in duration in the event that you continue to access and use the Service following the conclusion of the previous term.
5.4   The Initial Term and any Renewal Term collectively form “The Term” of this Agreement.

6. Termination
6.1 Either party may terminate this agreement at any time with immediate effect by notice in writing to the other party on or any time after the occurrence of any of the following events:
(a) the Defaulting Party goes into liquidation either compulsorily or (except for the purpose of reconstruction or amalgamation) voluntarily;
(b) a receiver is appointed in respect of the whole or any part of the assets of the Defaulting Party;
(c) a provisional liquidator is appointed to the Defaulting Party or the Defaulting Party enters into a voluntary arrangement or any other composition or compromise with the majority by value of its creditors; or
(d) the Defaulting Party threatens to do any of the things listed in Clauses 6.1 (a) to (c) or an administration order is made against the Defaulting Party or any similar occurrence under the laws of any jurisdiction affects the Defaulting Party.
6.2We may terminate this agreement at any time with immediate effect by notice in writing to you.  Without prejudice to any other rights, Crittah may terminate this Agreement if:
(a) you fail to comply with the terms and conditions of this Agreement
(b) if you, or your employees or agents, do anything (or allow anything to be done) that damages or affects the operation of any of our services
6.3 In such event, you must cease using the Service immediately.  Crittah will not be responsible for any loss incurred whilst you identify and transition onto a new Service with an alternative provider and we are under no obligation to continue to provide you with the Software or Service whilst you identify and transition to an alternative provider.
6.4 During the Term you must give Crittah 30 days or one billing period notice, whichever is greater if you wish to terminate your Service.
6.5 If the termination date is less than the Initial term you agree to pay a fee (“Early Termination Charge”) for the Service calculated as follows:
(a) The monthly fee equals the average monthly fee for the preceding three (3) months prior to notice of termination calculated as follows
(b) The monthly fee x Remaining Term of the agreement equals the Early Termination Charge payable by you to us
(c) If you terminate your service prior to three (3) months then the termination charge shall be equal to the last monthly fee x Remaining Term of the agreement

7. Assignment
We may assign or novate our rights and obligations under this agreement without your consent and you agree to execute any document we reasonably request to give effect to an assignment or novation.  You may not assign or novate any of your rights and obligations without our consent (which will not be unreasonably withheld however it remains at our discretion subject to conditions).

8. Security & Use of the Service
8.1 You are responsible to maintain the confidentiality of your organizations and users password/s and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify Crittah of any unauthorized use or your registration, user account or password.
8.2 Use of the Service should be for lawful purposes only. The Service must not be used to:
(a) Publish, promote, send or receive any material which could be deemed harmful, offensive or illegal
(b) Collect or distribute any personal data about other users
(c) Upload any files that could cause damage to the site or to another’s computer
(d) Participate in any fraudulent activities

9. Intellectual property
You agree and acknowledge that at all times, all rights, title, and interests in and ownership of the Service and Software (including any updates, new releases and/or customisations that may be made available to you from time to time) remain with us even if such customisations or enhancements are made at your request.  You agree that any Intellectual Property associated with such customisations or enhancements immediately vests with Crittah and ownership of these customisations or enhancements remains with Crittah.

10. Trademarks
Crittah Logos are registered trademarks. The use of Crittah logos or Crittah trademarks requires explicit authorisation by Crittah Pty Ltd.

11. Copyright
Copyright in Crittah, the Software, Service and Support (including text, graphics, logos, icons, sound recordings, and computer programs, applications and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by this Agreement, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any part of the Software or Service; or
(b) commercialise any information, products or services obtained from any part of the Software or Service
Without our written permission.

12. Availability and Maintenance
12.1 You expressly acknowledge that due to circumstances often beyond the control of Crittah, including (but not limited to) software viruses, power failure, electrical or topological interference, software malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services,  the Service may not operate as designed.
12.2 While we will endeavour to ensure that the Software and Service will be available for use, we do not warrant that the Software or Service will be available at all times or at any specific times.
12.3 System maintenance is carried out on a regular basis and system maintenance notifications will be placed on our website at www.crittah.com. 
12.4 System maintenance notifications may also be sent to your nominated personnel at our sole discretion. 
12.5   During periods of system maintenance the Software and System is not available for use.

13. Force Majeure
“Force Majeure” means acts of God, war, hostilities, riot, fire, explosion, accident, flood, sabotage, raw materials or labour, strike, lock-out or injunction compliance with governmental laws, regulations or orders, or any other cause hether or not of the class or kind enumerated which affects performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the party affected;
13.1If either party is prevented or delayed from performing any of its obligations under this Agreement by Force Majeure, then:
(a) its obligations under this Agreement (or, where the Force Majeure only affects some of the Services, such obligations as relate to those Services) shall be suspended for so long as the Force Majeure continues and to the extent that that party is so prevented, hindered or delayed;
(b) the parties shall, without prejudice to the other provisions of this Clause consult with a view to taking such steps as may be appropriate to mitigate the effects of such Force Majeure;
(c) that party shall use all reasonable efforts to mitigate the effects of the Force Majeure upon the performance of its obligations under this Agreement.
13.2If any Force Majeure prevails for a continuous period in excess of 1 month, either party shall be entitled to terminate this Agreement in its entirety (if all Services are affected by Force Majeure) or in part (insofar as it relates to the Services affected by Force Majeure) by giving not less than 7 working days’ notice in writing to the other party.
13.3 We accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control.

14. Liability and indemnity
14.1 Liability for loss or damage - Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
14.2 If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a ‘Non-Excludable Provision’), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to, at our option, the supplying of the services again, or the payment of the cost of having the services supplied again.
14.3 Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to this Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the fees paid by you under this Agreement in the 1 month period preceding any initial claim.  In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision.
14.4 Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if we were advised of the possibility of the loss or damage.

14.5 Release and indemnity.  You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under this Agreement.  This clause survives the termination of this Agreement.

15. Warranty and Suitability
Crittah and/or its affiliates make no representations about the suitability of the Software or Service for any purpose. This software is provided by Crittah “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed. In no event shall Crittah be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of this software, even if advised of the possibility of such damage.

16. Support
16.1 We will provide support and development services for the Software and Service to you in accordance with the terms of this Agreement or any Proposal.  Support is provided during normal working hours (9am – 5pm AEST), Monday to Friday, excluding public holidays.

16.2 All support requests must be logged via the Software and these will be resolved on a ‘best efforts and as soon as possible basis’ but we do not warrant that any support request will be resolved within a particular time frame.

17. Prices
Any prices quoted in Proposals or on our website are fixed for a 12 month period from the date at which you begin using and accessing the Service.  We reserve the right to increase the price of the Service on each anniversary with any such increase not being greater than the RBA gazetted Consumer Price Index (CPI) +1%.  By entering into this Agreement you agree

(a) To pay such increase and;
(b) That this increase is not unreasonable

18. Variation of package or plan
18.1 Crittah has implemented and will vary from time to time different packages and plans for the Software and Service (“Packages”).  You may vary the Package you wish to utilise by giving us 14 days written notice of the variation and we will charge for the varied Package in accordance with our current prices.

18.2 During the first 12 months of the Initial Term, you may change to a different plan with a higher monthly fee, but cannot change to a different plan with a lower monthly fee. 
18.3During any Renewal Term you may change to a different plan with a higher or lower monthly fee.

19. Payment of License and Support fees
19.1 You agree to pay Crittah any Software License or Support fees (“Fees”) as per the published prices on our website or as per our Proposal to you.
19.2 Payment will start the day that you initially log in and access the Service irrespective of whether you begin using the service on that day.  Alternatively if we have agreed to an alternative payment commencement date in our proposal to you, payment will commence from that date but no later than 14 days after receiving a signed quotation or proposal acceptance from you.

19.3 You cannot claim a refund or credit of any Crittah Fees in whole or in part.
19.4 Crittah provide for two methods of payment:
(a) Direct Debit; or
(b) Credit Card (via PayPal)

20. Payment terms
(a) Invoices will be issued on the first of each month and must be paid in full within 14 days of issue via one of the approved payment methods.
(b) You will be charged monthly in advance for all monthly recurring subscription charges and monthly in arrears for any usage based charges such as vehicle or driver charges.
(c) The first month will incur a prorata charge based on the amount of billing days in the cycle.
(d) Invoices will be delivered by email in a printable electronic form to the most recent address you advise us of.
(e) Where you pay for the Service and or Setup thereof by continuing credit card instalment payments or a Direct Debit Authority, you acknowledge:
i. Your nominated bank account or credit card will be debited during the first week of each month
ii.  That Crittah is authorised to deduct all due payments on the dates on which they are required to be made
(f) Any dishonoured payments may incur a dishonour fee
(g) Where you wish to stop any credit card instalment payments or Direct Debit Payments to Crittah (after the applicable termination notice period), you must notify Crittah in writing of such decision.
In the case of payment via credit card:
(h) A 2% surcharge will be incurred for any amounts debited from a credit card
(i) You must notify Crittah if you lose or replace your credit card
(j) You must notify Crittah of your new credit card details if and when they occur
In the case of direct debit:
(k)  You must notify Crittah of your new bank account details if and when they occur

21. Non payment
If the direct debit or credit card payment fails, and you do not remedy this within 7 days of the due date, in the event that we are not paid in accordance with these terms, in addition to any other action we may take under this Agreement (including, without limitation, the suspension, disconnection or termination of your access to use the Service or the receipt of support from us), we may charge interest calculated at 2.5% or at the rate disclosed on the invoice of the overdue amount on any overdue amount of any invoice. We may also recover from you all legal and other costs incurred by us, arising from the collection of any overdue amount.

22.  Your obligations
You agree to:
(a) use the products strictly in accordance with all applicable laws including any privacy and disclosure laws
(b) use the Service and Software in accordance with Crittah user manuals which are available online
(c) ensure all other persons using your online account will abide strictly in accordance with all applicable laws and use the software in accordance with Crittah user manuals
(d) keep safe your online username and password and will not disclose it to others
(e) not hold us liable for any loss or damage suffered by you as the result of a disclosure of your login name and password by you
(f) pay all access fees, as varied from time to time in accordance with our current fees and your current subscription, when they fall due, and understand that if you fail to do so, in accordance with these terms and conditions we may suspend, disconnect or terminate your access to the Software, Service or our Support, and you further agree to us charging interest on any overdue amount, and/or recover our legal and other costs of collecting any overdue amount.

(g) ensure that any information provided to us by you is true, correct and complete and, if you become aware of any changes to that information (including, without limitation, any data utilised when using the Software or Service), agree to notify us promptly of the change.

(h) accept full responsibility for your use of the Software and Service, including without limitation the correctness and accuracy of any information or data about your personnel and/or business utilised by you when using the Software and Service

When accessing the Software, Service or Support you will not do or attempt to do any of the following:
(i) Gain unauthorised access to any part of the Software or Service or any other system, network or server connected to the Service, or any content, information, material or documentation contained thereon, including by hacking or any other means;

(j) Use the Service to obtain, trace or exploit the information, including personal information, of any user or Customer of the Service;
(k) Breach or circumvent any security or authentication measures in place by the Software or Service or any other system, network or server connected to the Software or Service.
(l) Use any software, process or other means to interfere with the working of the Service in any way.
(m) not use or cause the Software or Service to be used whilst operating a motor vehicle as this may cause harm to you or others;
(n) contact your local motor vehicle authority for relevant laws regarding the use of a mobile phone whilst operating a motor vehicle including any requirements for the correct & lawful mounting of such devices within your vehicles

23. Confidentiality
All confidential information that you may access as a result of your use of the Software and Service, including without limitation to computer programs, applications and software (including source code), intellectual property, data, trade secrets, ideas, designs, know-how, concepts whether in writing or otherwise, remains our property. You agree not to use our confidential information other than for the purpose of using the Software or Service. You further acknowledge that we may suspend, disconnect or terminate your access to the Software or Service or our Support immediately in the event that you use our confidential information other than for the purpose of using the Service or Software, and indemnify us on a full indemnity basis against any loss or damage we may suffer as a result of you breaching this obligation.

24. Use of information and consent
24.1 In order to provide the Service we require certain information about your business, personnel and customers. If you do not provide this information we may not be able to provide some or all of our services. All such information which we collect is kept confidential to the best of our ability, although we do not guarantee its security.

24.2 You understand that the use of the Crittah Software or Service may disclose an individual’s location and that GPS tracking of individuals without their knowledge may be prohibited in some areas under certain conditions.  You hereby agree to obtain all necessary authorization to track individuals or vehicles location via GPS or other methods.

24.3 We may use the information we hold about you and may exchange information with our agents, representatives, or contractors, and with credit reporting and debt collection agencies for the purposes of carrying out our business.

25. Marketing
25.1 Each party may include the other party’s name or logo in a list of its clients, vendors, or service providers.
25.2 Each party may make reference to the other in an initial press release, provided that any use of the other party’s trade mark(s) retain proprietary notices and/or are properly attributed to their owner and also provided that any such press release will require the review and prior written consent of both parties, which shall not be unreasonably withheld, conditioned, or delayed.

25.3 In recognition of the pricing provided under this Agreement, You shall (subject to your reasonable right to review and approve):
(a) allow us to include a brief description of the services furnished to you in our promotional materials, and
(b) allow us to make reference to you in case studies, ROI analyses, white papers and related marketing materials, and
(c) serve as a reference for our potential clients, and
(d) provide interviews to the news media and provide quotes for press releases, and
(e) organize mutually convenient site visits for our potential clients, and
(f) make presentations at conferences, upon our reasonable request and at our cost.

26. Governing law
26.1 If you use the Service in Australia, this Agreement is governed by the laws of the State of New South Wales. If you use the Service outside Australia, then local laws may apply. In the event that this Agreement conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain valid and intact;

26.2The failure of either party to assert any right under this Agreement shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of this Software must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

27. Severability
Any provision found to be unenforceable by a court or tribunal will be severed from this Agreement. Such severance will be as narrow as possible and may not affect the remainder of this Agreement in such action and other actions, unless the court or tribunal also finds, on the request by you that without such provision as originally written, the Agreement is not likely to meet the reasonably commercial expectations of us or you and in such case, the court or tribunal will enter an equitable judgment of rescission, termination or reformation of this Agreement as necessary to reach an equitable result.

28. Free trial
The free trial of Crittah is for 14-days unless extended otherwise by agreement.  Crittah reserve the right to terminate any customers free trial period with or without cause if it believes these terms of service have been breached

29. Credit card data

If you choose to process credit card payments using Crittah, Crittah is responsible for the security of your cardholder data the that is processed by Crittah or otherwise stores, processes, or transmits on behalf of the customer. Crittah could impact the security of the your cardholder data environment and therefore Crittah takes this potential impact very seriously. Crittah has policies and processes in place to ensures that card holder data is processed in line the PCI DSS requirements and every effort is made to secure credit card data when it is used to process payments.