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Terms of Service

Last updated: April 2026

These Terms of Service ("Agreement") govern your access to and use of SpeakEasy, a software-as-a-service product developed and operated by Haosomely Pty Ltd (ABN 23 649 748 783) ("Company", "we", "us", "our"). By accessing or using SpeakEasy, you agree to be bound by this Agreement.

SpeakEasy is a subscription-based application that provides its services as described on our website and within the application itself.

1. Definitions & Interpretation

In this Agreement, unless the context otherwise requires:

  • Customer means you — the individual or entity that subscribes to and uses SpeakEasy.
  • Software means the SpeakEasy application and all associated software.
  • Services means the subscription-based SaaS services provided by the Company through SpeakEasy.
  • Intellectual Property means copyrights, patents, trade marks, service marks, trade names, designs, and similar rights.
  • Customer Data means non-public data provided by the Customer to enable provision of the Services.
  • A reference to "dollars" or "$" is to an amount in Australian currency.

2. Services & Support

Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide the Customer with access to SpeakEasy and its Services.

The Company will provide the Customer with reasonable technical support during business hours (9:00 am – 5:00 pm AEST, weekdays excluding Australian public holidays). Support may be initiated by emailing support@speakeasyapp.com.au.

3. Restrictions & Responsibilities

Except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by Haosomely Pty Ltd, you must not:

  • Modify, merge, reverse engineer, copy, duplicate, reproduce, create derivative works from, frame, download, display, transmit or distribute any part of the Software or its source code.
  • Licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Software or the Services.
  • Engage in unauthorised access to or use of data, services, systems or networks.
  • Access, store, distribute or transmit viruses, malicious code, unlawful material, or material that is harmful, threatening, defamatory, obscene, infringing, or harassing.
  • Share your login details, passwords, or access to the Software with any unauthorised third party.
  • Encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Software.

Any breach of this clause constitutes a material breach of this Agreement. We may, at our absolute discretion, terminate or suspend your access to SpeakEasy and/or take further action against you.

You agree to use the Services only in compliance with all applicable laws and regulations. You hereby agree to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses arising from your use of the Services.

You are responsible for obtaining and maintaining any equipment and internet connectivity needed to access SpeakEasy, and for maintaining the security of your account, passwords and files.

4. Confidentiality & Proprietary Rights

Each party understands that the other may disclose business, technical or financial information that is proprietary and confidential ("Proprietary Information"). The receiving party agrees to take reasonable precautions to protect such information.

You shall own all right, title and interest in and to your Customer Data. The Company shall own and retain all right, title and interest in and to the Services, all improvements, enhancements or modifications thereto, and all Intellectual Property related to any of the foregoing.

Notwithstanding anything to the contrary, the Company shall have the right to collect and analyse data relating to the provision, use and performance of the Services, and the Company will be free to use such information solely in aggregate or de-identified form to improve the Services.

Both parties agree to promptly destroy any Proprietary Information of the other party that is within their possession when this Agreement is terminated. No rights or licenses are granted except as expressly set out in this Agreement.

5. Intellectual Property

Subject to the confidentiality provisions above, the Company grants you a personal, non-exclusive, non-transferable and revocable licence to access and use SpeakEasy during your subscription term.

All rights, title and interest in and to SpeakEasy and any information or technology provided in connection with your use of the Services is owned by, and will remain owned by, the Company or its licensors.

All Intellectual Property discovered, developed or otherwise coming into existence as a result of, or in connection with, SpeakEasy will automatically vest in and are assigned to the Company.

You must not represent to anyone that you are the proprietor of SpeakEasy or its underlying Intellectual Property.

You agree that the Company may refer to you and your business name in communications or publications for the purposes of marketing or promoting the Company's business.

6. Subscription Fees & Payment

You will pay the applicable subscription fees for SpeakEasy as displayed on our website or order form ("Fees") in accordance with this Agreement.

Payments may be processed through third-party payment services (such as Stripe). You acknowledge and agree that the Company will not be liable for any losses or damage arising from the operations of third-party payment providers.

If your use of the Services exceeds the capacity of your subscription plan or requires additional fees, you agree to pay those additional charges.

The Company reserves the right to change the Fees or applicable charges upon thirty (30) days prior notice to you (which may be sent by email).

Unpaid amounts are subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Where applicable, any goods or services tax (including GST), charge, impost or duty payable in respect of this Agreement will be paid by you at the then-prevailing rate.

7. Subscription Term & Termination

Your subscription begins on the date you sign up and will automatically renew for additional periods of the same duration unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

Either party may terminate this Agreement upon thirty (30) days' notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms of this Agreement.

Upon termination, the Company will make your Customer Data available to you in a commonly used format for a period of thirty (30) days. After that period, the Company may delete stored Customer Data.

8. Warranty & Disclaimer

The Company shall use reasonable efforts consistent with prevailing industry standards to maintain SpeakEasy in a manner which minimises errors and interruptions. Services may be temporarily unavailable for scheduled or emergency maintenance.

To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Software is given.

The Company makes no representations or warranties that content produced via SpeakEasy is accurate, complete, reliable, or suitable for any particular purpose.

Your exclusive remedy during the subscription term is limited, at the Company's discretion, to: (a) the Company using reasonable endeavours to rectify any non-conformance; or (b) a refund of Fees paid.

The Company does not purport to provide any legal, taxation or accountancy advice through SpeakEasy.

9. Indemnity

You will at all times indemnify and hold harmless the Company and its officers, employees and agents in respect of any third party claim for any injury, loss, damage or expense arising directly or indirectly from:

  • a breach by you of your obligations under this Agreement;
  • any wilful, unlawful or negligent act or omission on your part.

10. Limitation on Liability

Except in the case of death or personal injury caused by the Company's negligence, the liability of the Company under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the fees paid by you to the Company for the Services in the 12 months prior to the act that gave rise to the liability.

Neither party is liable to the other for any indirect or consequential loss or damage, including any economic loss or other loss of turnover, profits, business or goodwill.

11. Dispute Resolution & Mediation

If a dispute arises out of or relates to this Agreement, neither party may commence legal proceedings unless the following steps have been complied with (except where urgent interlocutory relief is sought).

A party claiming a dispute has arisen must give written notice to the other party detailing the nature of the dispute. Within seven days, both parties must endeavour in good faith to resolve the dispute by negotiation.

If the dispute is not resolved within 21 days, the parties must agree upon a mediator or request that an appropriate mediator be appointed and attend a mediation. The parties are equally liable for the fees and expenses of the mediator.

If 30 days have elapsed after the start of mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and may then institute legal proceedings.

12. General

  • No variation to the terms of this Agreement will be effective unless in writing and signed by both parties.
  • If any provision is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary.
  • This Agreement is not assignable, transferable or sublicensable by you except with the Company's prior written consent.
  • This Agreement is the complete and exclusive statement of the mutual understanding of the parties.
  • No agency, partnership, joint venture, or employment is created as a result of this Agreement.
  • All notices under this Agreement will be in writing.
  • This Agreement takes effect, is governed by, and will be construed in accordance with the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia.

Contact

If you have any questions about these Terms of Service, please contact us at:

Haosomely Pty Ltd (ABN 23 649 748 783)
contact@haosomely.com