Terms of Service

Version 1.1 · Effective on the date you agree

The short version

1. Who these terms are between

The platform is owned and operated by H.C. FLYWHEEL GROUP PTY LTD, ABN 79 647 259 872, ACN 647 259 872, trading as Flywheel Media (Flywheel, we, us).

Contact and notices: apollo@flywheelmedia.com.au. Website: https://flywheelmedia.com.au/.

You means the business that uses the workspace. The person who agrees must be able to agree for that business. Their agreement binds the business.

Your workspace is Flywheel's platform, set up for your business. You get access to it. It is not a sale of software and not a custom app built for you to own.

2. What you get

We give your business a non-exclusive licence to use your hosted workspace for your own business. This lasts while your access continues. It applies whether access is paid, included in another service or free.

Your staff and contractors can use the workspace for you, within the agreed account limits. They cannot offer the platform to other businesses.

Any fees, discounts, service scope and support you have already agreed with us still apply. These terms do not add a new fee or a minimum term. Future pricing needs a separate agreement.

3. Flywheel owns the platform

Flywheel owns the platform. That includes its source code, components, design, interface, integrations, calculation engines and workflow engine.

Setting the platform up for your business does not change that. Nor does adding your branding, giving feedback or paying for access or setup. Improvements we make stay ours. Only a separate written agreement signed by Flywheel can transfer ownership.

We confirm we own the platform, or have the rights we need to let you use it.

We may provide the same platform to other businesses. We will never share your confidential information, customer records or branding with them.

Third-party and open-source parts stay under their own licences.

4. What you must not do

Unless we agree in writing, or a law that cannot be excluded allows it, you must not:

You can still export your own records, get advisers to help you, use agreed integrations, switch providers, or build your own software without copying ours.

If you sell or restructure your business, we will not unreasonably refuse to transfer this licence to the new owner, as long as they agree to these terms.

5. Your materials and records

Your business name, logos, domains, photos, documents, messages, records, templates and content stay yours (your materials). Our ownership of the platform does not make them ours.

Your email, social media, accounting and other connected accounts stay yours too.

You let us host, process, send and display your materials only as needed to run, secure, support and maintain the service, follow your lawful instructions, or meet legal obligations. We may use service providers for this, under confidentiality and privacy duties.

We will not sell your materials, share identifiable records with other customers, or use them to train a general-purpose AI model.

6. Your account and security

Keep your password private. Do not share logins. Each person should have their own.

Tell us straight away at apollo@flywheelmedia.com.au if you think someone else has used your account.

You are responsible for what happens under your logins, unless it was caused by our failure.

7. Acceptable use

Use the CRM lawfully and fairly. Do not:

8. AI suggestions

The CRM can suggest replies and summaries using AI. These are drafts. They can be wrong or out of date.

Read and check every draft before you send it. You decide what is sent and you are responsible for it.

Operator approvals and the communication controls agreed for your service continue to apply. Hosting the platform does not let Flywheel send messages or invoices to your customers.

9. Connected services

You can connect services like Gmail, Meta (Facebook and Instagram), Xero and payment providers. Each has its own terms, and you agree to them with that provider.

We do not control those services. They can change, limit or stop features, or have outages. When that happens, parts of the CRM may stop working until the service is back.

10. Privacy

Our privacy summary explains what data the CRM holds, why, where it is stored, who processes it and how to ask for a copy or deletion.

You collect information from your own customers. You remain responsible for your privacy duties to them. We handle that information for you under these terms.

11. Confidentiality

Each of us will protect the other's confidential information with reasonable care. We will use it only to provide or receive the service. We can share it with staff and advisers who need it and must keep it confidential, or when the law requires.

Information that is public, independently developed, or lawfully received from someone else without a confidentiality duty is not confidential. Where the law allows, we will tell you before we are forced to disclose your information.

12. Fees and suspension

If you have agreed to pay fees, pay them on time. Any payment or suspension terms you already agreed with us apply first.

If agreed fees are overdue, we may suspend access. We will first give you written notice and at least 14 days to pay. Suspension does not delete your records. You can still ask us for an export of them. Access comes back once the overdue amount is paid.

We may also suspend access straight away to stop a serious security risk or unlawful use. We will tell you why as soon as we can.

13. Availability and liability

We use our best efforts to keep the CRM available, secure and working. It may sometimes be unavailable, for example during maintenance, outages of connected services or events outside our control.

Nothing in these terms excludes or limits any right, guarantee or remedy you have that cannot lawfully be excluded, including under the Australian Consumer Law.

These terms do not add a liability cap, an indemnity or a set amount of damages. Any limits in an agreement you already have with us still apply, subject to the law.

14. Ending access and taking your records

Any notice and termination terms you have already agreed with us still apply. If there are none, either of us can end access with reasonable written notice. That notice must allow an orderly move and time to get your materials. There is no termination fee under these terms.

When access ends, your licence to use the platform ends. You keep your materials and any exports. Exports never include our source code, infrastructure, other customers' data or our confidential technical material.

Ask us for an export before access ends, or during any agreed transition period. We will give you a reasonable chance to get your materials in a usable format. We will confirm timing and how long we keep data in writing before we delete it. Extra migration work is charged only if agreed first.

We will not use platform ownership to hold your records or stop you moving to another service.

15. Changes to these terms

If we change these terms, we will show you the new version and ask you to agree before you keep using the CRM. Posting new terms online, or simply continuing to use the CRM, is not agreement to a material change.

Earlier versions and your agreement to them stay on record.

16. Existing agreements, disputes and governing law

These terms are a platform access licence. They do not mean you bought the platform, paid for its development or own part of it. They do not create a partnership, equity, revenue share, reseller right or exclusivity.

A separate written agreement you have signed with us still applies unless we both agree to change it.

If there is a dispute, we will both first try in good faith to sort it out. Either of us can still seek urgent relief or use a legal right.

Unless a separate agreement says otherwise, the laws of Victoria, Australia govern these terms. This does not remove any right you have under laws that apply regardless.

17. Agreeing to these terms

You agree when you sign in. You tick the box, type your full name and select Agree and continue. Your typed name is your signature. By ticking the box you confirm you can agree for the business.

We record a receipt: your full name as typed, your email, the business, the terms version, the date and time, your IP address and your browser. You can read and download these terms at any time from the Terms page.

These terms take effect for your business on the date you agree. Signing in before this version was presented is not agreement to it.