Terms of Service

1. About these terms

These Terms of Service (“Terms”) govern your use of the XAIO website and, once available to you, the XAIO platform (the “Service”), operated by XAIO Tech Pty Ltd (ABN 27 697 386 084) (“XAIO”, “we”, “us”). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

2. Definitions

• “Customer” means the business that subscribes to or is given access to the Service.
• “Customer Data” means the data you enter into or generate through the Service, including your accounting, payroll and employee records.
• “You” means the person using the Service and, where applicable, the Customer on whose behalf you act.

3. Current status, soft launch

XAIO is in soft launch. The Grow plan is available now: you can create your own account, start a 30-day trial that takes no card, and subscribe and pay by card whenever you choose. Plans that include payroll open when our ATO Digital Service Provider registration completes; for those the website lets you register your interest. Sections of these Terms dealing with subscriptions and billing apply from the time paid access is made available to you.

4. Eligibility and authority

The Service is intended for business use. By using it on behalf of a business, you confirm that you are authorised to act for that business and to provide the information you submit (including information about employees). You are responsible for activity under your account and for keeping your credentials secure. We strongly recommend enabling two-factor authentication.

5. Subscriptions, billing and GST

Fees for paid subscriptions are quoted and charged in Australian dollars and stated inclusive of GST where GST applies. We set out the applicable price, billing period and any introductory terms before you subscribe. You may cancel in accordance with your subscription terms. Refunds are handled in accordance with your rights under the Australian Consumer Law (see section 11).

6. Acceptable use

You agree to use the Service only for lawful purposes and not to:

• break any law or infringe anyone’s rights;
• upload malicious code or attempt to gain unauthorised access to the Service or other customers’ data;
• interfere with or disrupt the integrity or performance of the Service; or
• use the Service to send unlawful or unsolicited communications.

7. Your responsibilities and our role

You are responsible for the accuracy and completeness of the data you enter, including payroll inputs, tax settings and employee details. The Service performs calculations and generates reports based on the information you provide and the configuration you choose.

XAIO is software. It is not a registered tax agent, accountant, financial adviser or legal adviser, and we do not provide tax, accounting, financial or legal advice. Outputs of the Service (including calculations, reports and lodgement payloads) do not constitute advice. You should obtain your own advice from a registered tax agent, BAS agent, accountant or the ATO before relying on them, and you remain responsible for meeting your own tax, payroll and reporting obligations.

8. Payroll reporting and lodgements

Where the Service supports payroll reporting (such as Single Touch Payroll), any preparation or lodgement of information is performed only on your instruction and as your software provider. You are responsible for reviewing and approving information before it is submitted and for ensuring it is correct. We do not lodge on your behalf except where you direct us to, and we are not responsible for penalties or consequences arising from inaccurate data you supply.

9. Your data and ownership

As between you and XAIO, you own your Customer Data. You grant us the rights necessary to host and process it to provide the Service. We handle personal information in accordance with our Privacy Policy.

You can export your Customer Data while your account is active, and on termination we will make your data available for export for a reasonable period before deletion, except where we are required to retain it by law.

10. Availability and support

We aim to keep the Service available and to provide support, but we do not guarantee that it will be uninterrupted or error-free. We may perform maintenance and may update or change features over time. Any service-level commitments will be set out separately in your subscription terms.

11. Australian Consumer Law and limitation of liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that the ACL confers on you and that cannot lawfully be excluded.

Where we are entitled to do so, our liability for failure to comply with a consumer guarantee (other than a guarantee as to title, undisturbed possession or undisclosed securities) is limited, at our option, to re-supplying the services or paying the cost of re-supply.

Subject to the above and to the maximum extent permitted by law, XAIO is not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue or data, arising from your use of the Service.

12. Suspension and termination

We may suspend or terminate access if you materially breach these Terms or if required to protect the Service or other customers. You may stop using the Service at any time. On termination, the data-export rights in section 9 apply.

13. Governing law

These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State or Territory.

14. Changes to these terms

We may update these Terms from time to time. We will post the updated version here and update the effective date; where changes are material we will take reasonable steps to notify you. Continued use after changes take effect constitutes acceptance.

15. Contact us

Questions about these Terms? Contact us at [email protected].