Terms and Conditions

These Terms and Conditions (“Terms”) form a binding agreement between Hiperflow Pty Ltd (“ConsultOps”, “we”, “us”) and the person or organisation accessing ConsultOps’s websites, applications and related services (“Services”). By creating an account, ticking the acceptance box, purchasing a subscription, or using the Services, you agree to these Terms.

You must be at least 18 years old and have authority to bind the organisation for which you use the Services. If you do not agree, you must not create an account or use the Services.

ConsultOps provides practice-management software for design consultancies, including tools for pipeline management, proposals, projects, planning, time, capacity, billing workflows and client communication. Features may change as the Services develop.

The Services support professional workflows but do not replace professional, accounting, tax, legal, employment or financial advice. You remain responsible for decisions, approvals, records and outputs produced using the Services.

You must provide accurate information, protect login credentials and promptly notify us of suspected unauthorised access. You are responsible for activity performed through your account and for configuring member access appropriately.

The workspace owner controls the workspace, invites and removes members, and is responsible for ensuring that authorised users comply with these Terms. We may rely on instructions given by an authorised workspace owner or administrator.

Paid subscriptions are billed in advance through Stripe at the price and billing interval shown at checkout. Subscriptions renew automatically until cancelled. Taxes may be added where required.

You may change or cancel a subscription through ConsultOps’s subscription settings. Cancellation takes effect at the end of the current paid billing period unless applicable law requires otherwise. Except where required by the Australian Consumer Law, fees already paid are non-refundable and unused time is not credited.

If payment is overdue or rejected, we may restrict or suspend paid features after reasonable notice. Trial access may be limited or withdrawn and does not guarantee continued access to any feature.

You retain ownership of information, files, branding and other material submitted to the Services (“Customer Data”). You grant ConsultOps a non-exclusive, worldwide, limited licence to host, copy, process, transmit and display Customer Data only as reasonably necessary to provide, secure, support and improve the Services and comply with law.

You warrant that you have all rights and permissions required to provide Customer Data, including personal information and client materials. You must not upload material that infringes another person’s rights or breaches confidentiality, privacy or professional obligations.

We may use aggregated or de-identified information that does not identify you, your clients or your organisation to operate, analyse and improve the Services.

ConsultOps and its licensors own all rights in the Services, including software, source and object code, interfaces, workflows, designs, databases, documentation, trade marks, logos, content and improvements. No ownership is transferred to you.

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for your organisation’s internal business operations during your subscription.

You must not copy, reproduce, sell, sublicense, scrape, frame, reverse engineer, decompile, disassemble, discover source code, bypass technical protections, create derivative products from, or use the Services or their outputs to build or train a competing product, except to the limited extent such restriction is prohibited by law.

If you provide suggestions or feedback, you grant ConsultOps a perpetual, worldwide, royalty-free right to use it without restriction or payment, provided we do not identify you publicly without permission.

You must not use the Services to break the law; infringe intellectual property, privacy or confidentiality rights; transmit malware; probe or compromise security; interfere with availability; access another customer’s data; send spam or deceptive communications; impersonate another person; automate access beyond documented interfaces; or attempt to avoid usage, subscription or access controls.

You are responsible for reviewing communications, proposals, invoices and other material before sending or relying on them. You must use any integrations, including Stripe and Xero, in accordance with the relevant provider’s terms.

Each party must protect the other party’s confidential information using reasonable care and use it only to perform or receive the Services. This obligation does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.

We use reasonable administrative, technical and organisational safeguards, but no online service is completely secure. You must maintain appropriate backups and business-continuity procedures for information important to your practice.

The Services may interoperate with third-party services such as Clerk, Stripe, Xero, Replit infrastructure and email or storage providers. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party changes, outages, acts or omissions, but this does not limit rights that cannot lawfully be excluded.

Our collection, use and disclosure of personal information is described in our Privacy Policy.

We aim to provide reliable Services but do not promise uninterrupted, error-free or permanently available access unless a separate written service-level agreement says otherwise. We may maintain, update, replace or discontinue features. Where practicable, we will give reasonable notice of a material reduction to core paid functionality.

You may stop using the Services at any time and may cancel as described above. We may suspend or terminate access where reasonably necessary to address non-payment, security risk, unlawful conduct, a material breach, harm to another customer or the Services, or legal requirements.

Where the issue can reasonably be fixed, we will generally provide notice and an opportunity to remedy it. On termination, your right to use the Services ends. Provisions concerning payment, intellectual property, confidentiality, liability and dispute resolution survive termination.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded. To the maximum extent permitted by law, the Services are supplied on an “as available” basis and all other implied warranties are excluded.

Where a non-excludable guarantee applies and the Services are not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option and where lawful, to supplying the affected Services again or paying the cost of having them supplied again.

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, loss of profits, revenue, opportunity, goodwill or anticipated savings, or loss or corruption of data, arising from the Services.

To the maximum extent permitted by law, ConsultOps’s total aggregate liability arising out of or relating to the Services and these Terms is limited to the fees paid or payable by you to ConsultOps for the Services during the 12 months immediately before the event giving rise to the claim.

The exclusions and cap do not apply to liability that cannot lawfully be limited. Your payment obligations and liability for fraud, wilful misconduct, infringement of ConsultOps’s intellectual property or unlawful use of the Services are not limited by this section.

To the extent permitted by law, you indemnify ConsultOps against third-party claims, losses and reasonable costs arising directly from Customer Data, your unlawful or unauthorised use of the Services, your infringement of another person’s rights, or your material breach of sections 5, 6 or 7, except to the extent caused by ConsultOps’s negligence or breach of these Terms.

We may update these Terms. We will provide reasonable notice of material changes, ordinarily at least 30 days before they take effect, unless an earlier change is required for security, legal or regulatory reasons. Continued use after the effective date constitutes acceptance. If you do not agree to a material change, you may stop using and cancel the Services before it takes effect.

These Terms and any documents expressly incorporated into them form the entire agreement about the Services. If any provision is unenforceable, it will be read down or severed without affecting the remainder. Failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a corporate restructure, financing or sale of the business or relevant assets.

Neither party is liable for delay caused by circumstances beyond its reasonable control. Nothing creates a partnership, employment, agency or fiduciary relationship between the parties.

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and courts entitled to hear appeals from them.

Before starting court proceedings, a party must give written notice of the dispute and both parties must attempt in good faith to resolve it for at least 20 business days, except where urgent injunctive relief is required.

Questions, legal notices and privacy enquiries may be sent to info@hiperflow.co.

You can also review our Privacy Policy.