Terms of Service
1. Agreement to Terms
By accessing and using the Alcova website and platform (“Service”), you accept and agree to be bound by the terms and provisions of this agreement (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
If you do not agree with any part of these Terms, you must not access or use the Service.
2. Service Definition and Scope
Alcova provides a cloud-based software platform designed to assist wealth management and financial advisory teams with workflow automation, client engagement, and operational efficiency (“Platform”). The Service includes:
- Access to the Alcova web application and its features as described on our website
- Integration capabilities with supported third-party services (including Google Workspace)
- Standard customer support as outlined in your subscription plan
The Service does not include custom development, bespoke integrations, or on-premise deployment unless separately agreed in writing. We reserve the right to modify, enhance, or discontinue features of the Platform with reasonable notice to active subscribers.
3. Financial Services Disclaimer
Alcova Software Pty Ltd is not a financial adviser, broker, or dealer. We do not hold an Australian Financial Services Licence (AFSL) and are not authorised to provide financial product advice under the Corporations Act 2001 (Cth).
The Platform is a productivity and workflow tool only. Nothing in the Service constitutes, or should be construed as, personal financial advice, a recommendation to acquire or dispose of a financial product, or an opinion on the merits of any particular investment or strategy.
You remain solely responsible for:
- Compliance with your own AFSL obligations, including the provision of appropriate advice to your clients
- Verifying the accuracy and suitability of any output generated by the Platform before acting on it or presenting it to clients
- Meeting all applicable ASIC regulatory requirements, record-keeping obligations, and professional standards
4. Subscription, Billing and Refunds
Subscription Plans
Access to the Platform requires a paid subscription. The features, usage limits, and pricing applicable to your subscription are as set out on our pricing page or in a separate order form executed between the parties.
Billing
All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed in writing. Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. You authorise us to charge your nominated payment method on each billing date. If payment fails, we may suspend access to the Platform until the outstanding amount is settled.
Automatic Renewal
Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. We will provide reasonable notice of any price changes before your next renewal.
Refunds
If the Service suffers a major failure as defined under the Australian Consumer Law, you are entitled to a refund for the portion of fees attributable to the period affected. For cancellations unrelated to a service failure, fees already paid for the current billing period are non-refundable, but you will retain access until the end of that period.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform
- Copy, modify, distribute, sell, lease, sublicence, or create derivative works based on the Service
- Use the Service to store, transmit, or process any content that is unlawful, harmful, threatening, defamatory, or otherwise objectionable
- Attempt to gain unauthorised access to any part of the Service, other accounts, or connected systems or networks
- Use automated scripts, bots, or scrapers to access or extract data from the Platform without our prior written consent
- Resell, redistribute, or make available to any third party any data obtained through the Platform, except as required to deliver advisory services to your own clients
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure
We reserve the right to suspend or terminate access for any user who violates this policy, without prior notice where the violation poses a security risk or legal liability.
6. Data Processing and Security
We recognise that you may upload, enter, or integrate sensitive personal and financial information into the Platform (“Customer Data”). We treat all Customer Data as confidential and process it in accordance with our Privacy Policy.
- Ownership: You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any data you submit to the Platform.
- Processing: We process Customer Data solely to provide and improve the Service. We do not sell, rent, or trade Customer Data to third parties.
- Security: We implement industry-standard security measures including encryption in transit (TLS 1.2+), encryption at rest (AES-256), role-based access controls, and multi-factor authentication.
- Storage: Customer Data is stored at rest exclusively in our cloud provider’s Sydney, Australia region.
- Retention: We retain Customer Data for as long as your account is active or as needed to provide the Service. Upon account termination, data is handled in accordance with Section 10 (Termination).
- Access: Our personnel may access Customer Data only to the extent necessary to provide support, resolve technical issues, or comply with legal obligations.
You are responsible for ensuring the accuracy of data entered into the Platform, maintaining the confidentiality of your account credentials, and configuring appropriate access controls for your team members.
7. Data Breach Notification
In the event we become aware of a data breach involving unauthorised access to, disclosure of, or loss of Customer Data, we will:
- Notify affected customers without undue delay and no later than 72 hours after becoming aware of the breach
- Provide details of the nature and scope of the breach, the data potentially affected, and the steps we are taking to contain and remediate it
- Cooperate with your reasonable requests for information to support your own regulatory obligations
- Comply with all applicable notification requirements under the Privacy Act 1988 (Cth), including the Notifiable Data Breaches scheme
8. Third-Party Services
The Platform integrates with third-party services, including Google Workspace (Calendar, Gmail, Contacts). Your use of these integrations is subject to the respective third-party terms of service and privacy policies, which you are responsible for reviewing and complying with.
We are not responsible for:
- The availability, accuracy, or performance of any third-party service
- Changes to third-party APIs, terms, or pricing that may affect Platform functionality
- Any data processed or stored by third-party services outside our control
This website may also contain links to external sites. The existence of a link does not imply endorsement, and we are not responsible for the content or practices of linked websites.
9. Service Availability
We target 99.9% uptime for the Platform, measured on a monthly basis, excluding scheduled maintenance windows. We will use commercially reasonable efforts to provide advance notice of planned maintenance that may affect service availability.
In the event of unplanned downtime exceeding our availability target, affected subscribers may be eligible for service credits as set out in the applicable service level terms. Service credits are your sole and exclusive remedy for downtime, except where the Australian Consumer Law provides otherwise.
We do not guarantee uninterrupted or error-free operation of the Service. Factors outside our reasonable control, including internet connectivity, third-party service outages, and force majeure events, may affect availability.
10. Termination
Termination by You
You may cancel your subscription at any time through the Platform or by contacting us at care@alcova.ai. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date.
Termination by Us
We may suspend or terminate your access to the Service immediately if:
- You breach any material provision of these Terms and fail to remedy the breach within 14 days of written notice
- You fail to pay any fees when due and the amount remains outstanding for 14 days after we notify you
- Your use of the Service poses a security risk or legal liability to us, our infrastructure, or other users
- We are required to do so by law or regulatory direction
Effect of Termination
Upon termination or expiry, we will make your Customer Data available for export for a period of thirty (30) days. After this period, we may permanently delete all Customer Data associated with your account. Termination does not affect any rights or liabilities that have accrued prior to the termination date.
11. Account Inactivity
We reserve the right to suspend or permanently delete any account that has been inactive for a continuous period of ninety (90) days. An account is considered inactive if, during that period, the account holder has not:
- Logged in to the platform; or
- Maintained an active paid subscription.
Before deleting an inactive account, we will make reasonable efforts to notify you at the email address associated with your account. Upon deletion, all data associated with your account may be permanently removed and cannot be recovered.
12. Intellectual Property
The content, organisation, graphics, design, compilation, software, source code, and all other materials related to the Service are the property of Alcova Software Pty Ltd and are protected under applicable copyrights, trademarks, patents, and other proprietary rights.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription. This licence does not transfer any ownership rights to you.
Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or obligation to you.
13. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms or the Service (“Confidential Information”). Confidential Information includes, but is not limited to, business plans, customer data, technical specifications, pricing, and security configurations.
The receiving party will not disclose Confidential Information to any third party except:
- To employees, contractors, or advisers who need access to perform obligations under these Terms and are bound by equivalent confidentiality obligations
- Where required by law, regulation, or court order, provided the receiving party gives reasonable prior notice where legally permitted
Confidentiality obligations survive termination of these Terms for a period of three (3) years.
14. Liability and Warranties
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we:
- Exclude all representations and warranties not expressly set out in these Terms, including any implied warranties of merchantability or fitness for a particular purpose
- Do not warrant that the Service will be uninterrupted, error-free, or free of harmful components
- Do not warrant that outputs generated by the Platform, including any AI-assisted content, are accurate, complete, or suitable for any particular use
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim.
Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, regardless of the cause of action.
15. Australian Consumer Law
Certain rights and guarantees are conferred on consumers under the Competition and Consumer Act 2010 (Cth) and corresponding state and territory legislation (“Australian Consumer Law”). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right that cannot be excluded, restricted, or modified under the Australian Consumer Law.
Where our liability cannot be excluded, it is limited (at our option) to:
- The re-supply of the relevant services; or
- The payment of the cost of having the relevant services re-supplied.
16. Indemnification
Your Indemnity
You agree to indemnify, defend, and hold harmless Alcova Software Pty Ltd, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or any applicable law
- Your use of the Service, including any data you submit to the Platform
- Any claim by a third party (including your clients) arising from your provision of financial advice or services
Our Indemnity
We will indemnify you against any third-party claim that the Platform, as provided by us, infringes a valid Australian patent, copyright, or trademark, provided that you promptly notify us of the claim, grant us sole control of the defence, and cooperate as reasonably requested. This indemnity does not apply to claims arising from modifications you make to the Platform, your combination of the Platform with other products, or your continued use after we notify you of an alleged infringement and provide a non-infringing alternative.
17. Support and Maintenance
Standard support is included with all paid subscription plans and covers technical assistance with Platform functionality, account management, and integration troubleshooting. Support is available via email during Australian Eastern business hours (Monday to Friday, excluding public holidays).
Enhanced support, dedicated onboarding, data migration assistance, and custom training are available as separately quoted professional services and are not included in standard subscription fees unless expressly agreed in writing.
18. Privacy
Please refer to our Privacy Policy for information about how we collect, use, and share your information.
19. Changes to Terms
We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ notice via email or a prominent notice within the Platform before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you may cancel your subscription before the effective date.
20. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure is caused by events beyond the party’s reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, cyberattacks, power failures, or internet outages. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact.
21. General Provisions
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.
Entire Agreement
These Terms, together with our Privacy Policy and any order form or statement of work executed between the parties, constitute the entire agreement between you and Alcova Software Pty Ltd with respect to the Service and supersede all prior or contemporaneous understandings, agreements, or representations.
Waiver
No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right. A waiver of any right on one occasion does not constitute a waiver of that right on any other occasion.
22. Contact
If you have any questions about these Terms of Service, please contact us at care@alcova.ai.
