Version 1.0 · Effective 10 August 2026
1. ABOUT THESE TERMS
- Who we are: BizFlare is operated by KSS Companies Pty Ltd, 15 Guildford Road, Cambridge Park NSW 2747, Australia.
- Purpose of these Terms: These Terms of Service govern your access to and use of the BizFlare platform and related services.
- Acceptance: By creating an account, subscribing to BizFlare, accepting these Terms electronically or using BizFlare, you agree to these Terms.
- No agreement: If you do not agree to these Terms, you must not use BizFlare.
2. DEFINITIONS
- BizFlare: The software-as-a-service platform, website, applications, features and related services provided by KSS Companies Pty Ltd.
- Customer: The person or business that subscribes to or uses BizFlare.
- User: An individual authorised by the Customer to access and use BizFlare.
- Customer Data: Information, documents, records, files and other content entered, uploaded or submitted to BizFlare by or on behalf of the Customer.
- Subscription Plan: The BizFlare subscription selected by the Customer, including Starter, Business or Business Plus.
- Fees: The subscription fees and other applicable charges payable for use of BizFlare.
- Third-Party Service: A third-party software, platform, service, integration or technology used together with or in connection with BizFlare.
3. BIZFLARE SERVICES
- BizFlare provides business management software designed to help businesses manage invoicing, customers, products, inventory and related business activities.
- Depending on the Subscription Plan, BizFlare may provide features including invoices, quotations, customer management, products, credit and debit notes, recurring invoices, follow-up emails, expenses, stock tracking, stock takes, inventory reports, purchase orders, goods received notes, supplier management, supplier returns and user management.
- The features available to each Customer depend on its Subscription Plan and the functionality made available by BizFlare.
- BizFlare may introduce, modify, improve, replace or discontinue features from time to time.
4. FUTURE FEATURES
- BizFlare may develop additional features and services in the future, including integrations, AI functionality, booking, payment services, marketplace integrations and other business tools.
- Information about future products or features does not guarantee that those products or features will be released or made available to all Customers.
5. BIZFLARE IS NOT ACCOUNTING OR PROFESSIONAL ADVICE
- BizFlare is a business management and invoicing platform and is not intended to replace professional accounting, tax, legal or financial advice.
- BizFlare does not provide accounting, tax, legal, financial planning, audit or bookkeeping services unless expressly stated otherwise.
- Customers should obtain professional advice from their accountant, tax adviser, lawyer or other appropriate professional adviser where required.
- Customers remain responsible for ensuring that their use of BizFlare satisfies the legal, tax, accounting and record-keeping requirements applicable to their business.
6. ELIGIBILITY AND AUTHORITY
- You must have the legal capacity to enter into these Terms and use BizFlare.
- If you are using BizFlare on behalf of a company, partnership, trust or other organisation, you confirm that you have authority to bind that organisation to these Terms.
- You must provide accurate and complete information when creating and maintaining your BizFlare Account.
7. ACCOUNT REGISTRATION
- You may need to create an Account to use BizFlare.
- You are responsible for keeping your Account information accurate and up to date.
- You must keep your login credentials confidential and must not share individual login credentials with another person.
- You must promptly notify BizFlare if you suspect that your Account has been accessed without authorisation.
8. USERS AND USER PERMISSIONS
- Customers may create and manage Users according to the limits and functionality included in their Subscription Plan.
- Customers are responsible for deciding who can access their BizFlare Account and what permissions each User receives.
- Customers must remove or disable access for Users who no longer require access to BizFlare.
- Customers are responsible for ensuring that their Users comply with these Terms and the BizFlare Acceptable Use Policy.
9. SUBSCRIPTION PLANS
- BizFlare may offer different Subscription Plans, including Starter, Business and Business Plus.
- Each plan may have different features, limits, User allowances and other conditions.
- The current features and limits for each plan will be displayed on the BizFlare website or within the Customer's Account.
- BizFlare may introduce additional Subscription Plans in the future.
10. SUBSCRIPTION PERIOD
- BizFlare may offer monthly and annual subscriptions depending on the Subscription Plan.
- Unless otherwise stated, subscriptions automatically renew for another equivalent subscription period unless cancelled before the renewal date.
- Customers are responsible for reviewing their subscription, renewal date and billing information.
11. FEES AND GST
- Customers must pay the applicable Fees for their selected Subscription Plan.
- BizFlare prices are generally displayed in Australian dollars and GST will be applied where applicable.
- Annual subscriptions are generally billed in advance, while monthly subscriptions are generally billed monthly.
- BizFlare may change its pricing by providing reasonable notice to affected Customers.
- Where a price change applies to an existing subscription, the new price will generally apply from the next renewal period unless otherwise stated.
12. FAILED OR OVERDUE PAYMENTS
- If a subscription payment fails or becomes overdue, BizFlare may contact the Customer and request updated payment information.
- BizFlare may restrict access, suspend the Account or terminate the subscription if payment remains outstanding, subject to applicable law.
- Where reasonably practicable, BizFlare will provide the Customer with an opportunity to resolve a payment issue before suspension.
13. UPGRADES AND DOWNGRADES
- Customers may upgrade or downgrade their Subscription Plan where the relevant option is available.
- An upgrade may take effect immediately or at the next billing period, depending on the applicable plan and billing arrangements.
- A downgrade will generally take effect from the next renewal period.
- If a downgrade causes the Customer to exceed the limits of the new plan, the Customer may need to reduce its usage or select a different plan.
14. CUSTOMER DATA
- Customers generally retain ownership of their Customer Data entered into BizFlare.
- BizFlare does not acquire ownership of Customer Data merely because it is stored or processed through the platform.
- Customers grant BizFlare the limited rights necessary to host, store, process, transmit, back up and otherwise use Customer Data to provide and operate the Services.
15. CUSTOMER RESPONSIBILITY FOR DATA
- Customers are responsible for ensuring that Customer Data is accurate, complete and lawful.
- Customers are responsible for ensuring they have the necessary rights, permissions and consents to provide Customer Data to BizFlare.
- Customers should review information entered into or generated by BizFlare before relying on it for business, tax, accounting or other purposes.
- Customers should maintain appropriate independent records of important business information.
16. AUSTRALIAN DATA STORAGE
- BizFlare stores Customer Data and Personal Information on servers located in Australia.
- BizFlare's Australian service is designed so that Customer Data and Personal Information are stored within Australia.
- This includes information such as customer records, invoices, quotations, products, inventory, supplier information and other business records stored through BizFlare.
- BizFlare maintains technical and organisational controls designed to keep this information within Australian data centres.
17. PRIVACY
- BizFlare's collection, use, storage and handling of Personal Information is governed by the BizFlare Privacy Policy.
- Where applicable, the BizFlare Data Processing Agreement (DPA) will govern the processing of Personal Information on behalf of a Customer.
- Customers remain responsible for ensuring that their collection and use of Personal Information through BizFlare complies with applicable privacy laws.
18. SECURITY
- BizFlare maintains reasonable technical and organisational measures designed to protect Customer Data and Personal Information against unauthorised access, loss, misuse, alteration or disclosure.
- Customers must also take reasonable security measures, including protecting passwords, managing User permissions and promptly reporting suspected security incidents.
- Further information is provided in the BizFlare Information Security Policy.
19. BACKUPS AND DATA AVAILABILITY
- BizFlare maintains appropriate operational backup processes for the platform.
- However, no technology or backup system can guarantee that data will never be lost, corrupted or temporarily unavailable.
- Customers should maintain appropriate independent copies of information that is critical to their business.
20. ACCEPTABLE USE
- Customers and Users must comply with the BizFlare Acceptable Use Policy.
- Customers must not use BizFlare for unlawful activity, fraud, unauthorised access, malware, infringement of intellectual property rights or activities that may compromise the security or operation of BizFlare.
- Customers must not reverse engineer, decompile, copy, reproduce or attempt to obtain the source code of BizFlare unless expressly permitted by law.
- Customers must not resell or commercially exploit BizFlare without written authorisation from KSS Companies Pty Ltd.
21. INTELLECTUAL PROPERTY
- All Intellectual Property Rights in BizFlare remain owned by KSS Companies Pty Ltd or its licensors.
- This includes the software, source code, platform architecture, database structure, designs, interfaces, documentation, BizFlare brand, logos, trademarks and other underlying technology.
- Customers receive a limited, non-exclusive and non-transferable right to use BizFlare during their active subscription.
- Using BizFlare does not transfer ownership of BizFlare's Intellectual Property to the Customer.
22. CUSTOMER CONTENT
- Customers retain ownership of content they upload or create using BizFlare.
- Customers grant BizFlare the rights reasonably necessary to process, store, display and transmit that content to provide the Services.
- Customers are responsible for ensuring that they have the necessary rights and permissions to upload or use such content.
23. THIRD-PARTY SERVICES
- BizFlare may use or integrate with third-party services, technology providers and platforms.
- Third-party services may have their own terms, privacy policies and availability requirements.
- BizFlare is not responsible for the independent operation or policies of third-party services, except where required by applicable law.
- Future integrations such as payment services, Shopify, eBay, Amazon, Etsy or accounting platforms may be subject to additional terms.
24. SERVICE AVAILABILITY
- BizFlare will use reasonable efforts to keep the Services available.
- BizFlare does not guarantee that the Services will always be uninterrupted, completely error-free or available on every device or system.
- Services may become temporarily unavailable because of maintenance, security incidents, infrastructure problems, internet failures, third-party service failures, cyber incidents or circumstances beyond BizFlare's reasonable control.
25. MAINTENANCE
- BizFlare may perform scheduled maintenance, upgrades, security improvements and other technical work.
- Where reasonably practicable, BizFlare will provide advance notice of planned maintenance that is expected to materially affect the Services.
- Emergency maintenance may be performed without advance notice where necessary to protect BizFlare, Customer Data or Users.
26. BETA AND EXPERIMENTAL FEATURES
- BizFlare may make beta, preview, pilot or experimental features available from time to time.
- Such features may contain errors, have limited functionality, change significantly or be withdrawn.
- Customers should not rely on experimental features for critical business operations unless BizFlare expressly advises otherwise.
27. PRODUCT CHANGES
- BizFlare may add, modify, improve, replace or discontinue features and functionality.
- BizFlare may also change its technology, interface, infrastructure and security controls as necessary to operate and improve the Services.
- Where a change materially affects an existing subscription, BizFlare will provide reasonable notice where practicable and required by law.
28. SUPPORT
- BizFlare will provide customer and technical support through the support channels available for the relevant Subscription Plan.
- Support may include technical assistance, account assistance, product guidance and troubleshooting.
- Support does not include professional accounting, tax, legal or financial advice.
29. SUSPENSION
- BizFlare may temporarily suspend an Account where reasonably necessary to protect BizFlare, Customers, Users or Customer Data.
- Suspension may occur because of serious Terms breaches, suspected fraud, security risks, unlawful activity, overdue payments or legal requirements.
- Where reasonably practicable, BizFlare will notify the Customer of the reason for suspension and restore access once the relevant issue has been resolved.
30. CANCELLATION BY CUSTOMER
- Customers may cancel their subscription using the cancellation process provided by BizFlare.
- Unless otherwise stated, cancellation will take effect at the end of the current paid subscription period.
- Customers remain responsible for Fees incurred up to the cancellation date.
- Refunds are governed by the BizFlare Refund & Cancellation Policy and applicable law.
31. TERMINATION BY BIZFLARE
- BizFlare may terminate a subscription if the Customer materially breaches these Terms and does not remedy the breach within a reasonable period after receiving notice.
- BizFlare may also terminate an Account for serious fraud, unlawful activity, serious security risks, repeated breaches, continued non-payment or where continued provision of the Services becomes unlawful or impracticable.
- BizFlare may terminate immediately where reasonably necessary to address serious security, fraud or legal risks.
32. EFFECT OF TERMINATION
- When a subscription ends, the Customer's right to use BizFlare will end and Users must stop accessing the Services.
- Outstanding Fees remain payable after termination.
- Subject to the available functionality and applicable law, the Customer may be provided with a period to export available Customer Data after termination.
- Customer Data may subsequently be deleted in accordance with BizFlare's data retention practices and legal obligations.
- Recommended data export period: 60 days following termination, subject to legal review and technical capability.
33. CONFIDENTIALITY
- Each party must keep confidential information received from the other party confidential and use it only for purposes connected with the relationship.
- Confidential information does not include information that is publicly available, already lawfully known, independently developed or lawfully received from another source without confidentiality obligations.
- Information may be disclosed where required by law, court order or regulatory authority.
34. CUSTOMER LEGAL COMPLIANCE
- Customers are responsible for ensuring that their use of BizFlare complies with laws applicable to their business.
- This may include laws relating to taxation, invoicing, privacy, consumer protection, marketing, employment, record keeping and intellectual property.
- BizFlare does not guarantee that using the platform automatically makes a Customer compliant with every law applicable to its business.
35. NO PROFESSIONAL ADVICE
- Information provided through BizFlare, including reports, calculations, reminders, templates, dashboards or AI-assisted functionality, is provided as a software tool.
- It should not be treated as professional accounting, tax, legal or financial advice.
- Customers should independently verify information where appropriate.
36. AI FEATURES
- If BizFlare introduces AI-powered features, those features may produce information that is incomplete, inaccurate or unsuitable for a particular situation.
- Customers are responsible for reviewing and verifying AI-generated information before relying on it.
- This section applies only to AI functionality actually made available by BizFlare.
37. CUSTOMER FEEDBACK
- Customers may voluntarily provide suggestions, feedback or ideas regarding BizFlare.
- BizFlare may use such feedback to improve its products and services without owing compensation, provided that doing so does not disclose the Customer's confidential information.
38. WARRANTIES
- To the maximum extent permitted by law, BizFlare provides the Services on an "as available" basis.
- BizFlare does not guarantee that the Services will meet every Customer requirement, always operate without interruption, or be completely free from errors.
- Nothing in these Terms excludes or limits any guarantee, right or remedy that cannot legally be excluded or limited.
39. AUSTRALIAN CONSUMER LAW
- Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available under the Australian Consumer Law or other applicable laws where those rights cannot legally be excluded.
- Where applicable, Customers may have statutory guarantees and remedies in relation to services supplied by BizFlare.
- Any limitation of liability in these Terms applies only to the extent permitted by law.
40. LIMITATION OF LIABILITY
- To the maximum extent permitted by law, BizFlare will not be liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, business opportunity, goodwill or anticipated savings.
- BizFlare's liability will otherwise be limited to the maximum amount permitted by applicable law.
41. CUSTOMER INDEMNITY
To the extent permitted by law, the Customer may be responsible for losses, claims and reasonable costs arising from unlawful use of BizFlare, fraud, infringement of third-party rights, misuse of the Services or material breach of these Terms.
42. FORCE MAJEURE
- BizFlare will not be responsible for delays or failures caused by circumstances beyond its reasonable control.
- This may include natural disasters, war, terrorism, government action, telecommunications failures, internet infrastructure failures, widespread cyber incidents, third-party infrastructure failures or power failures.
- This section does not exclude rights that cannot legally be excluded.
43. NOTICES
- BizFlare may provide notices through email, the BizFlare platform, the Customer's Account, the BizFlare website or another reasonable electronic method.
- Customers are responsible for ensuring their contact information is current.
44. CHANGES TO THESE TERMS
- BizFlare may update these Terms from time to time to reflect changes in law, technology, Services, features or business operations.
- Where changes are material, BizFlare will provide reasonable notice where required.
- Continued use of BizFlare after the effective date of updated Terms will generally constitute acceptance of the updated Terms, subject to applicable law.
45. ASSIGNMENT
- Customers must not transfer or assign their rights under these Terms without BizFlare's prior written consent, except where permitted by law.
- BizFlare may transfer or assign these Terms as part of a corporate restructuring, merger, acquisition, sale of the BizFlare business or transfer of relevant assets, subject to applicable law.
46. SEVERABILITY
- If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or removed to the extent necessary.
- The remaining provisions will continue to apply.
47. WAIVER
A failure or delay by either party to exercise a right under these Terms does not mean that the party has waived that right.
48. ENTIRE AGREEMENT
- These Terms, together with documents expressly incorporated by reference, form the agreement between BizFlare and the Customer concerning the use of the Services.
- These documents may include the BizFlare Privacy Policy, Acceptable Use Policy, Refund & Cancellation Policy, Data Processing Agreement, Information Security Policy and applicable Subscription Plan terms.
49. GOVERNING LAW
- These Terms are governed by the laws of New South Wales, Australia.
- The parties submit to the courts of New South Wales and courts entitled to hear appeals from them, subject to any mandatory rights available under applicable law.
50. COMPLAINTS AND DISPUTES
- Customers should first contact BizFlare through the available support or contact channels if they have a complaint or dispute.
- BizFlare will make reasonable efforts to understand and resolve the issue.
- Nothing in this process prevents either party from exercising rights available under applicable law.
51. SURVIVAL
Provisions relating to Customer Data, Intellectual Property, Confidentiality, outstanding Fees, Liability, Indemnity, Dispute Resolution and Governing Law will continue to apply after termination to the extent necessary.
52. CONTACT DETAILS
- KSS Companies Pty Ltd, Trading as BizFlare
- 15 Guildford Road, Cambridge Park NSW 2747, Australia
- Website: www.bizflare.com.au
- Support: support@bizflare.com.au
- Sales: sales@bizflare.com.au
- Privacy: privacy@bizflare.com.au