Terms & Conditions

Last updated: March 2026

These Terms of Service (Terms) are between:
ECG GROUP PTY LTD (ABN 21 689 955 128)

trading as Notify (Notify, we, us, our)

Suite 329/98–100 Elizabeth Street, Melbourne VIC 3000, Australia
and each individual or entity agreeing to these Terms (Client, you).
Together referred to as the Parties.
These Terms govern access to and use of:
  • the Notify cloud software platform (Software); and
  • Notify documentation, help centre materials, training resources, and related services (Resources),
together referred to as the Notify System.
The Notify System is accessible via:
https://app.notifyapp.com.au
and any other access method Notify may provide from time to time (the Site).
For enquiries: info@notifyapp.com.au

1. ACCEPTANCE

1.1 These Terms form a legally binding agreement between Notify and the Client.

1.2 The Client accepts these Terms by:

  • clicking “I Agree” or similar acknowledgement;

  • accessing or using the Notify System; or

  • making payment for any Notify services.

1.3 If you accept these Terms on behalf of an organisation, you warrant you have authority to bind that organisation and its users.

1.4 The Client is responsible for all persons accessing the Notify System under its account (Users) and must ensure compliance with these Terms.

2. LICENCE

2.1 Notify grants the Client a non-exclusive, non-transferable, revocable licence to access and use the Notify System during the Subscription Period solely for internal business operations.

2.2 Licence types may include:

  • Admin Seats

  • Office Seats

  • Driver Seats

as selected under the Client’s subscription.

2.3 Login sharing is strictly prohibited. Each User must maintain a separate account.

2.4 The Client must not:

  • reverse engineer or attempt to access source code;

  • copy or reproduce the Notify System;

  • create derivative or competing software;

  • interfere with system operation or security;

  • use the system unlawfully.

3. TRIAL ACCESS

3.1 Notify may offer a free trial for seven (7) days (Trial Period).

3.2 Trial access may be modified, suspended, or discontinued at Notify’s discretion.

3.3 Notify is not liable for any loss of data or interruption resulting from expiry or termination of trial access.

4. SUBSCRIPTIONS AND FEES

4.1 Subscriptions may be monthly or annual and are billed in advance of each billing period.

4.2 Payment methods may include:

  • Stripe payments;

  • direct debit arrangements; or

  • invoice payment.

4.3 A one-time setup fee of AUD $2,000 applies where specified.

4.4 Except where required by law, all fees are non-refundable.

4.5 Cancellation:

  • takes effect at the end of the current billing period;

  • access continues until that period expires.

4.6 Downgrades or seat reductions take effect from the next billing cycle.

5. LATE PAYMENTS

5.1 If payment is overdue:

  • a seven (7) day grace period applies;

  • Notify may suspend access after non-payment;

  • Notify may terminate the subscription after thirty (30) days of non-payment.

5.2 The Client remains liable for all outstanding fees incurred prior to termination.

6. SUPPORT SERVICES

6.1 Notify provides email support available 24 hours per day, 7 days per week.

6.2 Notify targets a response time of approximately one (1) hour; however, response times are targets only and not guarantees.

6.3 Additional assistance, onboarding, or consulting services may be provided separately where agreed.

7. CLIENT DATA

7.1 The Client retains ownership of all data uploaded or entered into the Notify System (Client Data).

7.2 The Client grants Notify a limited licence to host, process, transmit, back up, and display Client Data solely to:

  • operate and maintain the Notify System;

  • provide support;

  • improve services;

  • comply with legal obligations.

7.3 The Client is responsible for ensuring it has all legal rights and permissions to provide Client Data.

7.4 Notify may remove or restrict data that creates security, operational, or legal risk.

8. DATA EXPORT AND RETENTION

8.1 Clients may export data from the Notify System.

8.2 Standard exports are free of charge.

8.3 Upon termination:

  • Client Data will be retained for 180 days;

  • restoration may be requested during this period;

  • after 180 days Notify may permanently delete the data.

9. THIRD-PARTY SERVICES

9.1 The Notify System relies on third-party providers including but not limited to:

  • AWS and Supabase (hosting infrastructure)

  • Twilio (SMS delivery)

  • SendGrid (email delivery)

9.2 Notify does not guarantee delivery timing, availability, or performance of third-party services.

9.3 The Client may not connect independent messaging or infrastructure providers unless expressly permitted by Notify.

10. SYSTEM AVAILABILITY (SLA)

10.1 Notify targets 99.5% monthly uptime following the first full billed month of service.

10.2 Downtime calculations exclude:

  • scheduled maintenance;

  • third-party provider outages;

  • internet or device failures;

  • force majeure events;

  • misuse or configuration errors by the Client.

10.3 The Client’s sole remedy for failure to meet uptime targets is a service credit applied to future invoices, capped at 10% of the affected month’s subscription fee.

11. INTELLECTUAL PROPERTY

11.1 Notify owns all intellectual property rights in the Notify System.

11.2 No ownership rights are transferred to the Client except the licence expressly granted under these Terms.

12. WARRANTIES DISCLAIMER

12.1 The Notify System is provided “as is” and “as available.”

12.2 Notify does not warrant uninterrupted, error-free, or defect-free operation.

12.3 The Client is responsible for determining suitability of the system for its business purposes.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by law:
Notify is not liable for indirect or consequential loss, including loss of profit, revenue, business opportunity, goodwill, or data.

13.2 Notify’s total aggregate liability arising out of or related to the Notify System or these Terms is limited to the total fees paid by the Client in the twelve (12) months preceding the claim.

14. TERMINATION

14.1 These Terms continue while the Client maintains an active subscription.

14.2 Notify may suspend or terminate access if:

  • these Terms are breached; or

  • payments remain overdue.

14.3 Upon termination:

  • access ends;

  • data retention provisions apply under clause 8.

15. FORCE MAJEURE

Neither Party is liable for delay or failure caused by events beyond reasonable control, including infrastructure outages, internet failures, governmental actions, or natural events.

16. CHANGES TO TERMS

Notify may update these Terms from time to time. Material changes will be notified with reasonable notice.

Continued use of the Notify System constitutes acceptance of updated Terms.

17. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

The Parties submit to the exclusive jurisdiction of the courts of Victoria.

18. CONTACT

ECG GROUP PTY LTD (ABN 21 689 955 128)
Trading as Notify
Suite 329/98–100 Elizabeth Street
Melbourne VIC 3000, Australia

Email: info@notifyapp.com.au