Terms of Service
Effective Date: December 2024
1. Parties and Agreement
These Terms of Service (“Terms”) are a binding legal agreement between you (“User,” “you,” or “your”) and Jake Baden North trading as Donkeh Labs (ABN 87 636 703 254) (“Provider,” “we,” “us,” or “our”).
By accessing or using OutflowGuard (“the Service”), you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Service Description
OutflowGuard is a monitoring and intelligence tool. We provide alerts based on changes to supplier bank details within your Xero organisation.
Important Notice
Donkeh Labs is not a bank, payment processor, or final authority on fraud. We do not authorise, process, or initiate payments. The final decision to transfer funds remains solely with you. OutflowGuard uses read-only access to your Xero data and cannot modify any information.
3. Account and Access
To use the Service, you must create an account and authorise read-only access to your Xero organisation. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring you have authority to connect your organisation's Xero account
- Notifying us immediately of any unauthorised use
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Service
- Interfere with or disrupt the Service or servers
- Reverse engineer, decompile, or disassemble the Service
- Share your account credentials with third parties
- Use the Service to compete with or replicate our offerings
5. Subscription and Payment
OutflowGuard offers subscription-based pricing. By subscribing, you agree to:
- Pay all applicable fees based on your selected subscription tier
- Provide accurate billing information
- Authorise recurring charges until you cancel your subscription
Payments are processed securely through Stripe. We do not store your payment card details.
Cancellation: You may cancel your subscription at any time. Access continues until the end of your current billing period. Refunds are not provided for partial billing periods.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
You grant Donkeh Labs read-only access to your Xero data via the official Xero API. We do not have write access to your Xero organisation and cannot modify supplier details, bank accounts, or payment information.
7. Intellectual Property
The Service, including its design, features, code, and documentation, is owned by Donkeh Labs and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription.
8. Limitation of Liability
Australian Consumer Law Notice
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to a replacement or refund. You are also entitled to have the services supplied again or to payment of the cost of having the services supplied again if the failure does not amount to a major failure.
Subject to the consumer guarantees above and to the maximum extent permitted by law:
- Maximum Liability: Our total liability to you for any claim arising out of these Terms is limited to the amount you paid us for the Service in the 12 months preceding the claim.
- Exclusion of Consequential Damages: We are not liable for any indirect, special, incidental, or consequential loss (including loss of profits, revenue, data, or business reputation).
- Monitoring Tool Disclaimer: You acknowledge that OutflowGuard is a monitoring and alerting tool. We are not responsible for funds lost due to fraud if you choose to proceed with a payment after receiving an alert or if fraud occurs despite our monitoring.
The Service is provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation.
9. Indemnification
You agree to indemnify and hold harmless Donkeh Labs from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any rights of a third party.
10. Termination
By You: You may terminate your account at any time by cancelling your subscription and disconnecting your Xero organisation.
By Us: We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if we reasonably believe your use poses a security risk.
Upon termination, your right to use the Service ceases immediately. We will retain audit trail data in accordance with our Privacy Policy and legal requirements.
11. Modifications
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
12. Governing Law
These Terms are governed by the laws of South Australia, Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Australia.
13. Contact
If you have any questions about these Terms, please contact us:
- Email: support@outflowguard.com
- Entity: Jake Baden North trading as Donkeh Labs (ABN 87 636 703 254)