Terms & Conditions

1. About these terms

These terms are an agreement between 360 SaaS Pty Ltd (ABN 79 681 731 340) ("we", "us", "Portal 360") and the business or person that creates a Portal 360 account or uses the Portal 360 service ("you"). By creating an account, starting a trial, buying a subscription or using the service you accept these terms. If you accept them for a business, you confirm that you have authority to bind it, and "you" includes that business.

These terms include our Privacy Policy, Cookie Policy and, where we process personal information on your behalf, our Data Processing Agreement, each as updated from time to time. If there is a conflict, a signed order form or written agreement with us comes first, then the Data Processing Agreement, then these terms.

Portal 360 is built for businesses, including accounting, bookkeeping, advisory and finance practices. You confirm that you acquire the service for the purposes of a business.

2. The service

Portal 360 is a cloud-based practice management platform. It includes client records, workflow and productivity tools, communications, file management, integrations, billing tools and artificial intelligence (AI) features. The features available to you depend on your plan.

We may improve, change or retire features from time to time. If we make a change that materially reduces the core functions of a paid plan, we will give you notice in the app or by email.

We work to keep the service available and secure, but we do not promise that it will be uninterrupted or error-free. We may carry out maintenance and, where practical, give notice of planned downtime.

3. Accounts and users

• You must give accurate details when you register and keep them up to date.
• You are responsible for everything done under your workspace and user accounts, including by your staff and contractors. Keep your credentials safe, turn on multi-factor authentication, and tell us straight away at security@portal360.ai if you suspect unauthorised access.
• Each user needs their own licence. Logins must not be shared between people.
• You are responsible for removing access for people who leave your organisation.

4. Free trial

Where we offer a free trial, it runs for the period shown when you sign up (currently 7 days). We ask for valid payment details to start a trial, to help prevent fraud and misuse. We do not charge you during the trial. Unless you cancel before the trial ends, your account converts to a paid subscription on the plan you chose and your first payment is taken when the trial ends. Trial access is provided as it is, and we may limit or end a trial where we reasonably believe it is being misused.

5. Fees, billing and renewal

• Plans are priced per user, per month or per year, as shown on our pricing page or in your order. Prices are in Australian dollars and exclude GST unless stated otherwise. We add GST where it applies and issue tax invoices.
• You pay in advance for each billing period. Payments are processed by Stripe by card or another method we offer. You authorise us and Stripe to charge your payment method for all fees, taxes and any amounts that become due, and you must keep your payment details current.
• Subscriptions renew automatically for another period of the same length (a month for monthly plans, a year for annual plans) on the renewal date, at our then current price for your plan, until you cancel. We will tell you of a price increase at least 30 days before it applies to you, and you may cancel before it takes effect.
• Fees are for the plan and number of users you have bought, not for how much you use the service. Unused time, users and features are not credited or carried over.
• You may add users at any time. We charge the added users from the date they are added. Removing users, or moving to a cheaper plan, takes effect at your next renewal.
• If a payment fails, we may retry it and you must pay any overdue amount promptly. We may charge interest on overdue amounts at the rate allowed by law and recover reasonable costs of collection.
• If you dispute an invoice, tell us within 7 days of the invoice date, with the details, and pay any undisputed part. We will correct genuine billing errors.

6. Cancellation and no refunds

All fees are non-refundable and non-cancellable once paid or charged.

• You can cancel your subscription at any time in the app or by emailing support@portal360.ai. To stop the next charge, cancel at least 7 days before your renewal date. A cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then.
• We do not give refunds, credits or pro-rata adjustments for any reason, including cancelling part-way through a billing period, a month or year you did not use, removing users, downgrading a plan, closing an account, a renewal you did not cancel in time, dissatisfaction with the service, or a feature you did not use. This applies to monthly and annual plans, and to any discounted or promotional price.
• The free trial is the way to check that Portal 360 suits your practice before you pay.
• Nothing in this section limits any right or remedy you have under the Australian Consumer Law or other law that cannot be excluded. If a consumer guarantee applies to the service and has not been met, you may be entitled to a remedy, and we will provide it as the law requires.

7. Your data

As between you and us, you own the data you put into Portal 360, including client records, files and communications (your data). We own the platform and everything we create.

• You give us a licence to host, copy, process, transmit and display your data only so far as needed to provide the service to you, keep it secure, support you and comply with law.
• You are responsible for your data and for having the right to use it. You must have lawful grounds, give any notices and obtain any consents needed for us to process it for you, including for your clients' personal information and tax file numbers.
• Where we handle personal information for you, we act on your behalf and process it under our Data Processing Agreement, the Privacy Act 1988 (Cth) and our Privacy Policy. Your data is hosted in Australia by default, as set out in our Trust Centre.
• We do not sell your data. We do not use your data to train artificial intelligence models provided by anyone outside Portal 360.
• You can export your data from the app while your subscription is active. After your account ends we keep your data accessible for export for 30 days, and then delete it, except where the law or a legitimate backup cycle requires us to keep it for longer. Deleted data cannot be recovered.
• You are responsible for your own record-keeping obligations. You should keep copies of anything you are required by law to retain.

8. Security

We maintain an information security management system certified to ISO/IEC 27001:2022 and use reasonable technical and organisational measures to protect your data. You can read more in our Trust Centre. If we become aware of an eligible data breach affecting your data, we will notify you and act as set out on our Notifiable Data Breaches page and in the Data Processing Agreement. You must keep your own systems, devices and credentials secure.

9. Artificial intelligence features

• Portal 360 includes AI features that can draft, summarise, classify, suggest and automate. AI output may be wrong, incomplete or out of date.
• AI output is a draft to help you. It is not accounting, tax, legal, financial or other professional advice. You must review it, apply your own professional judgement and take responsibility for anything you rely on, send or lodge.
• You are responsible for the instructions you give to AI features and for choosing what content to send to them, and for the way you use automations you set up.
• AI features may use service providers, which are listed in our Trust Centre. We do not allow them to use your content to train their own models.
• Where a law requires us to tell you about automated decisions that affect individuals, we describe them in our Privacy Policy.

10. Professional and regulatory responsibility

Portal 360 is a software tool. We do not provide accounting, tax agent, legal or financial services, and we are not your adviser.

• You are responsible for complying with your own professional, regulatory and licensing obligations, including those under the Tax Agent Services Act 2009, your professional body's rules and the AML/CTF laws.
• You are responsible for the accuracy, completeness and timeliness of any return, activity statement, lodgement, filing or advice you prepare or submit using Portal 360, and for checking it before it is lodged. Where the service connects to the Australian Taxation Office or another authority, the information you send is your responsibility.
• You must use ATO connections only for clients you are authorised to act for.

11. Third-party services and integrations

• Portal 360 connects to services we do not control, such as accounting software, banks, email and calendar providers, payment providers, identity checks and the Australian Taxation Office. You choose whether to connect them.
• Your use of a third-party service is under its own terms. We are not responsible for it, for the data it holds, or for changes, outages or charges outside our control. A third party may change or end an integration, and we may switch off an integration at any time, without refund.
• When you connect a service, you authorise us to share your data with it as needed to run the integration.

12. Acceptable use

You and your users must not:

• break the law, or upload or send anything unlawful, defamatory, fraudulent or that infringes anyone's rights;
• send spam or use the service in breach of the Spam Act 2003 or the Do Not Call Register Act 2006;
• try to get into accounts, systems or data that are not yours, or probe, scan or test the security of the service without our written permission;
• interfere with or overload the service, introduce malicious code, or bypass limits or controls;
• copy, reverse engineer, resell, sublicense or build a competing product from the service, or let anyone else do so;
• scrape or extract data from the service by automated means, including through AI tools, other than through our supported integrations;
• store or process data you have no right to hold, or use the service for any purpose it is not designed for.

13. Suspension and termination

• We may suspend or limit your access, with notice where practical, if you are overdue on a payment, if you breach these terms, or if we reasonably believe it is needed to protect the service, our other customers, data or the law. We may suspend immediately, without notice, to deal with a security threat or abuse. Fees continue to apply during a suspension caused by you, and we are not liable for a suspension under this clause.
• Either of us may end this agreement by written notice if the other materially breaches it and does not fix the breach within 14 days of being told, or if the other becomes insolvent. We may end it immediately if you seriously or repeatedly breach clause 12.
• If we end this agreement because of your breach, amounts you owe for the rest of the current billing period become due immediately. We do not refund fees paid.
• When this agreement ends your right to use Portal 360 stops, and clause 7 applies to your data.
• Clauses that are meant to continue after the agreement ends, including clauses 5 to 7, 9, 10 and 14 to 19, survive.

14. Intellectual property and feedback

We and our licensors own the Portal 360 platform, software, designs, documentation and trade marks, and all intellectual property in them. We give you a limited, non-exclusive, non-transferable right to use the service during your subscription for your internal business purposes, under these terms. If you give us suggestions or feedback, we may use them without payment or restriction.

15. Confidentiality

Each of us must keep the other's confidential information confidential, use it only for this agreement and protect it with reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or that the law or a regulator requires the recipient to disclose. Your data is your confidential information. Our pricing and non-public security documents are our confidential information.

16. Warranties and disclaimers

• We will provide the service with due care and skill, as the law requires.
• Except as stated in these terms, and to the extent the law permits, we give no warranties or conditions, whether express or implied, about the service. The service is provided as available. We do not warrant that it will meet your requirements, be uninterrupted, error-free or free of harmful components, that AI output is accurate, or that data will never be lost.
• Trial, free and beta features are provided as they are, with no warranty, and may change or end at any time.
• Our liability for any breach of a consumer guarantee that cannot be excluded is limited, to the extent the law permits, to resupplying the service or paying the cost of resupplying it.

17. Limit of liability

• To the extent permitted by law, neither of us is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, or for loss arising from your reliance on AI output, however it arises.
• To the extent permitted by law, our total liability to you for all claims arising out of or in connection with this agreement, in contract, tort (including negligence), under statute or otherwise, is limited to the fees you paid us for the service in the 3 months before the event that gave rise to the claim.
• This clause does not limit your obligation to pay fees, or liability that the law does not allow to be limited or excluded, including under the Australian Consumer Law where it applies.
• Each of us must take reasonable steps to reduce loss it may suffer. We are not liable for loss caused by your breach, by your instructions or your data, by third-party services, or by events outside our reasonable control.

18. Indemnity

You indemnify us, and our directors, officers, employees and contractors, against loss and reasonable legal costs arising from a third-party claim caused by your data, your use of the service in breach of these terms or the law, or your breach of clause 10 or 12. We will tell you promptly of any claim, let you control its defence with our reasonable help at your cost, and not settle it without your consent. Our obligations are subject to clause 17.

19. General

• Force majeure: neither of us is liable for failure or delay caused by an event beyond its reasonable control, including natural disaster, war, industrial action, power or network failure, or failure of a major cloud, telecommunications or government service. This does not excuse a payment obligation.
• Changes: we may update these terms from time to time. We will tell you of a material change in the app or by email at least 14 days before it takes effect. If you do not accept it, you may cancel before it takes effect. Using the service afterwards is acceptance.
• Notices: we may give you notice by email to your account address or in the app. You can give us notice at support@portal360.ai and legal notices at 5 Lavington Avenue, Chipping Norton NSW 2170. Email is received when it is sent, unless the sender is told it failed.
• Assignment: you cannot transfer your rights under this agreement without our written consent. We may transfer ours to a related company or to a buyer of our business.
• Entire agreement: these terms and the documents they refer to are the whole agreement about the service and replace earlier discussions. If a part is unenforceable, the rest stays in force. A right is not waived unless we say so in writing.
• GST: where a supply under this agreement is subject to GST, the recipient pays the GST in addition, on receipt of a tax invoice.
• Governing law: this agreement is governed by the laws of New South Wales, Australia. Each of us submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts sitting there.
• Relationship: we are independent contractors. Nothing makes either of us the partner, agent or employee of the other.

20. Contact us

360 SaaS Pty Ltd, ABN 79 681 731 340, 5 Lavington Avenue, Chipping Norton NSW 2170. General and billing help: support@portal360.ai. Privacy: privacy@portal360.ai. Security: security@portal360.ai.