These terms are between Your Company Pty Ltd (ABN 00 000 000 000) ("we", "us") and the business that signs up for Wimby ("you"). By creating a business or using the service, you agree to them on that business's behalf, and confirm you're authorised to.
1. The service
Wimby is online software for a small business to keep its products, monthly sales and stock counts, forecasts and reorder plans, purchase and sales orders, customers, suppliers and, if switched on, invoices. We provide it as is, and may improve or change it; we won't take away the core of what you subscribed to without notice.
2. Your account and your people
- The person who signs up is the business's owner. Owners and admins decide who else may use it and with which role, and are responsible for their use of it.
- Keep passwords to yourselves, and turn on two-factor sign-in. Tell us at once at support@yourdomain if you think an account has been misused.
- You must give accurate details, and be a business: the service is for business use.
3. Trial, fees and payment
- A new business gets a free trial of 14 days. No card is needed for it.
- After the trial, the service costs A$49 a month, GST included, billed monthly in advance through our payment processor, Stripe. Prices include GST, and Stripe emails a tax invoice for each payment.
- If the trial ends without a subscription, or a payment fails and isn't fixed within 14 days, the business becomes read-only: you can still see and download everything, but not change it, until it's paid. Nothing is deleted for non-payment.
- We may change the price with at least 30 days' notice by email; the change applies from your next billing period after that.
4. Cancelling and closing
- An owner can cancel the subscription at any time from Billing. It runs to the end of the period already paid; we don't refund part periods, except where the law requires it.
- An owner can close the business from Your data. It becomes read-only at once and is deleted after 30 days, during which you can download everything or change your mind.
- We may suspend or close a business that breaches these terms, is used unlawfully, or puts the service or other customers at risk. Where we reasonably can, we'll tell you first and give you the chance to fix it and to download your data.
5. Your data
- The data you put in is yours. You give us the right to store and process it only to provide the service to you.
- We keep each business's data separate from every other's, and don't sell it, mine it or use it to market to anyone. Our Privacy Policy says how we handle personal information.
- You can download everything at any time, as CSV files, from Your data.
- You're responsible for the data being lawful and for having the right to put it in (for example, your customers' contact details).
6. Acceptable use
Don't use the service to break the law, to send spam, to try to reach another business's data or our systems beyond your own access, to overload or disrupt it, or to copy or resell it.
7. Availability and support
We aim to keep the service available and your data safe — including nightly backups and one before every release — but can't promise it will never be interrupted or error-free. We'll do our best to fix problems promptly and to give notice of planned maintenance. Support is by email at support@yourdomain.
8. Australian Consumer Law and our liability
- Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, that you have under the Australian Consumer Law or any other law that can't be excluded.
- Where the law lets us limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.
- Otherwise, and to the extent the law allows, we aren't liable for indirect or consequential loss (such as lost profits or lost data you could have restored from an export), and our total liability is limited to the fees you paid us in the 12 months before the claim.
9. Changes to these terms
We may update these terms. If a change matters, we'll email the business's owners at least 30 days before it takes effect. Carrying on using the service after that means you accept it; if you don't, you can cancel.
10. General
These terms are governed by the law of New South Wales, Australia, and the courts of New South Wales have jurisdiction. If part of them can't be enforced, the rest still applies. Questions: support@yourdomain.