Terms of Service

1. Who this agreement is with

• If your business is set up in Optico CRM as a New Zealand business, your agreement is with Optico Digital NZ, and the laws of New Zealand apply.
• If your business is set up as an Australian business, your agreement is with Optico Digital (Australia), and the laws of New South Wales, Australia apply.

Optico CRM is for businesses. You confirm that you use it for business purposes and that you're allowed to accept these terms for your business.

2. The service

Optico CRM is online software for trade and service businesses. It lets you manage customers, quotes, jobs and invoices, take payments, send emails to your customers, and connect to other services such as Stripe and Xero. You use it in a web browser or as an app installed from the browser.

Optico CRM is a tool. You're responsible for the quotes, invoices, prices, tax and messages you create with it, and for checking them before you send them. We don't give tax, legal or accounting advice.

3. Your account

• Keep your login details secure, and tell us straight away at support@opticodigital.com if you think someone else has used your account.
• The account owner controls the business's account, including who else has access and what role they have. You're responsible for what your team does in your account.
• Give us accurate details about your business, including its NZBN or ABN and GST registration where it applies, and keep them up to date.

4. Free trial

New businesses get a free 14-day trial with all features. No card is needed. When the trial ends you'll need to choose a paid plan to keep using Optico CRM. If you don't, we may limit your access, but we won't delete your data just because a trial ended.

5. Plans and fees

• Plans are charged monthly, in advance, in your business's currency (NZD or AUD). Current plans: Solo $39, Crew $89, Business $179 per month, plus GST. Each plan includes a set number of logins, shown on our pricing page.
• Prices exclude GST. We add GST where it applies and give you a tax invoice.
• You can change plans or cancel at any time. Changes take effect from your next billing period. We don't give refunds for part of a month, unless the law requires it.
• If a payment to us fails and isn't fixed within 14 days of us telling you, we may suspend your account until it's paid.
• We may change our prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice period. If you don't want to pay it, you can cancel before then.

6. Card payments

Card payments in Optico CRM are processed by Stripe. To take them, you open a Stripe account through Optico CRM and agree to Stripe's terms, including the Stripe Connected Account Agreement. Stripe is responsible for processing the payments and paying them into your bank account.

• Fees. For each card payment, Stripe charges its card processing fee, and we charge a platform fee of 0.5% of the payment, unless a different rate is shown for your business in Settings → Card payments. Both fees are taken from the payment before it's paid to you. The fees that apply to your business are shown in the app before you turn card payments on. We'll give you at least 30 days' notice of any increase to our platform fee.
• Passing fees on. You can choose to charge your customers a card fee. If you do, you're responsible for making sure it follows the law where you are (in Australia, surcharges must not be more than your cost of accepting cards, under the ACCC's rules), and that customers see it before they pay.
• Refunds and disputes. Refunds, chargebacks and disputes with your customers are between you, your customer and Stripe. Our platform fee is not refunded when a payment is refunded or disputed.
• Autopay. Your customers can choose to save a card for automatic payments. You must only charge saved cards for amounts your customer owes you, as shown on invoices sent to them.

7. Using the service properly

You agree not to:

• use Optico CRM for anything illegal, misleading or fraudulent, or to send spam;
• upload anything that infringes someone else's rights, or that contains malware;
• try to get into other businesses' data, interfere with the service, or test its security without our written permission;
• copy, resell or rent out the software, or use it to build a competing product.

8. Emails and messages to your customers

Optico CRM sends emails on your behalf, such as quotes, invoices, receipts and overdue reminders, including automatic ones on the dates and settings you choose. You're responsible for having your customers' contact details lawfully, for what the messages say, and for the settings you choose. We send them in good faith but can't guarantee every email is delivered, for example if an address is wrong or a mail provider blocks it. Failed emails are shown in the app.

9. Your data and privacy

• It's yours. Your business's data, including your customers' details, belongs to you. We use it only to provide and improve Optico CRM, to support you, to keep the service secure, and as the law requires. We never sell it.
• Personal information. You collect personal information about your customers and give it to us to store and process for you. You must do that in line with the privacy law that applies to you (the Privacy Act 2020 in New Zealand, and the Privacy Act 1988 in Australia where it applies to you). We protect it with reasonable security, and we'll tell you without undue delay if we become aware of a breach that affects your data.
• Where it's stored. Data is stored with our hosting providers in Australia, and some providers we use (for example, for email delivery) may process it overseas, with appropriate protections.
• Getting a copy and deletion. You can ask us for a copy of your data at any time. If your account is closed, we keep your data for 90 days so you can come back or ask for a copy, then delete it, except where the law requires us to keep records for longer.

10. Other services (Stripe, Xero)

When you connect Optico CRM to other services such as Stripe or Xero, their own terms apply to your use of them, and we send data to them as you've set up. We're not responsible for those services, their availability or their changes. You can disconnect them at any time. Data already sent to them stays there.

11. Availability and changes

We work to keep Optico CRM available and reliable, but it may sometimes be unavailable, for example for maintenance or because of problems outside our control. We keep improving Optico CRM, so features may change. If we remove a major feature you rely on, we'll give you reasonable notice.

12. Suspension and ending this agreement

• You can stop using Optico CRM and close your account at any time by emailing support@opticodigital.com.
• We may suspend or close your account if you seriously or repeatedly break these terms, if you don't pay, or if we must do so to protect the service, other users or your customers, or to follow the law. Where we reasonably can, we'll warn you first and give you a chance to fix the problem.
• While an account is suspended, links you've already sent to your customers (such as invoices to pay) keep working.

13. Liability

• To the extent the law allows, we're not liable for indirect or consequential loss, such as loss of profit, revenue, data or business opportunity.
• To the extent the law allows, our total liability to you under or in connection with this agreement in any 12-month period is limited to the subscription fees you paid us in that period.
• Nothing in these terms limits liability that can't be limited by law, including for fraud.

14. Consumer law

New Zealand: you're acquiring Optico CRM for business purposes, so to the extent the law allows, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 don't apply, and we both agree it's fair and reasonable for this to be so.

Australia: nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded. Where the law lets us limit our liability for a failure to meet a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.

15. General

• We may update these terms. We'll email the account owner at least 30 days before changes that reduce your rights take effect. If you keep using Optico CRM after that, the new terms apply.
• This agreement is governed by the law named in section 1, and the courts of that place can hear disputes (the courts of New Zealand for New Zealand businesses; the courts of New South Wales and the Commonwealth of Australia for Australian businesses). Before going to court, we'll both try in good faith to sort out any dispute by talking first.
• If part of these terms can't be enforced, the rest still applies. Not enforcing a right straight away doesn't mean we've given it up.
• Neither of us is responsible for delays caused by events outside our reasonable control.

16. Contact

Questions, notices or anything else: support@opticodigital.com.