Terms of Use

1. About these terms

These terms of use ("terms") cover your use of Focus on Cash, a financial analysis platform run by Focus First Pty Ltd (ABN 51 619 930 282) of New South Wales, Australia ("we", "us", "our").

By signing in, creating an account or using Focus on Cash, you agree to these terms, to our Privacy Policy, and to our use of cookies and browser storage. If you do not agree, do not use Focus on Cash.

If you use Focus on Cash for a business, you confirm that you are allowed to accept these terms for that business.

2. What Focus on Cash is, and what it is not

Focus on Cash reads the financial data you give it, from uploaded statements or from a connected accounting system such as Xero or QuickBooks Online. It turns that data into dashboards, ratios, trends, scenarios, valuations and plain-English explanations.

3. Accounts and who can see what

Business owners subscribe to use Focus on Cash for their own business.

Advisors (business advisors, accountants and agencies) subscribe to use Focus on Cash for client businesses. If you are an advisor, you are responsible for:

• having each client's permission to load and view their financial data
• who you invite into your account, and what they can see
• the advice you give your clients. That advice is your own professional responsibility. We are not part of your relationship with your clients, and your own terms with them are separate from these terms.

Invited users get access through the subscription of the advisor or business owner who invited them. That access ends if their subscription ends or they remove you.

Keep your password and sign-in codes private. Tell us straight away if you think someone else has used your account. You are responsible for what happens under your login.

Checking who you are. We may ask you to confirm who you are, for example when you open an account, when you ask us to switch off two-step sign-in, or when we see unusual activity. If you cannot confirm it, or we see a risk of fraud or misuse, we may decline to open an account, limit your access, or close the account.

4. Connecting Xero, QuickBooks and other systems

When you connect an accounting system, you:

• allow us to read the data listed in our Privacy Policy, through that system's official connection
• confirm that you are allowed to share that business's data

Our access is read only. We do not create, change or delete anything in your accounting system.

You can disconnect at any time, in Focus on Cash or in the accounting system's own settings. Data already brought in stays in Focus on Cash until you delete the company or close your account.

These systems are run by other companies, under their own terms. If they are unavailable, change how their connection works, or withdraw access, parts of Focus on Cash may stop working or may have to change. We are not responsible for their services.

5. Subscriptions, invoices and pricing

• Subscriptions are yearly and paid in advance. We send you an invoice. Pay it by the due date on the invoice.
• Prices are in Australian dollars. Your invoice shows whether GST applies.
• Your price is fixed for the year you have paid for.
• We may change our prices. A new price applies only from your next subscription year, after your current year ends. We will tell you the new price at least 30 days before your renewal date.
• If we have agreed a price lock with you in writing, we keep to it for the period it states.
• Before your year ends, we send a renewal invoice. If you do not pay it, your access ends when your paid year ends.
• If an invoice is not paid by its due date, we may suspend access until it is paid.

6. Ending your subscription

You can tell us at any time that you do not want to renew. Your access continues until the end of the year you have paid for.

Refunds. Fees are not refundable, except where the Australian Consumer Law or another law requires a refund.

Your data afterwards. An account holder can close the account in Settings. That deletes your companies and your login straight away. If you do not close it, we may delete your data at any time after your subscription ends. Your accounting system remains your own record, so keep any reports you want before your access ends.

7. Your data

It is yours. The statements you upload, the data brought in from your accounting system, and the figures you type in remain your property.

What you let us do with it. You allow us to store, process and display your data, only to provide Focus on Cash to you and to the people you give access, and to keep it secure and fix faults. We do not sell it. This permission ends when your data is deleted.

Getting it right going in. You are responsible for the data you upload, connect or type in. We do not check that it is complete or correct, and the analysis can only be as good as the data.

See our Privacy Policy for how we handle your data.

8. Branded versions

Some advisors show Focus on Cash under their own business name and logo. When you use a branded version, Focus First Pty Ltd still provides the service, these terms and our Privacy Policy still apply, and your data is handled the same way.

9. Fair use

You agree not to:

• use Focus on Cash for anything illegal
• upload or connect data you are not allowed to use
• try to see anyone else's data
• copy, scrape, reverse-engineer, overload or attack Focus on Cash
• use it to build a competing product
• resell or share access without our written permission

10. Changes to Focus on Cash

We may add, change or remove features at any time. Focus on Cash may sometimes be unavailable, for example during maintenance or when a supplier has a fault. We do not promise that it will always be available or free of errors.

A feature marked as early, preview or beta is unfinished. Use it at your own risk. We may change it a lot or take it away.

If we stop offering Focus on Cash altogether, we will give you at least 30 days' notice and refund the unused part of the year you have paid for.

11. Limits on our responsibility

Focus on Cash is provided "as is". To the extent the law allows, we give no promise that it suits your business or that its figures, ratios, insights, scenarios or valuations are accurate.

Nothing in these terms takes away any right you have under the Australian Consumer Law that cannot be taken away. Where the law allows us to limit our responsibility for failing a consumer guarantee, we limit it to supplying the service again, or paying the cost of having it supplied again.

To the extent the law allows, we are not responsible for:

• any decision you, your advisor or anyone else makes using Focus on Cash, or its results
• errors, gaps or delays in the figures or the analysis
• faults or changes in Xero, QuickBooks or any other supplier's service
• access to your account by someone using your login details
• indirect or consequential loss, or loss of profit, revenue, savings, data, goodwill or opportunity

Our total responsibility for all claims about Focus on Cash is limited to the fees you paid us in the 12 months before the claim.

We take care to protect your data, but we do not promise that we can recover it if it is lost or damaged. Your accounting system remains your own record, so keep your own copies of anything you need.

We are not responsible for delays or failures caused by events outside our reasonable control, such as a supplier outage, internet failure, cyber attack, natural disaster or government action.

12. Claims by other people

If someone else, including an advisor's client, makes a claim against us because you broke these terms, shared data you had no right to share, or gave advice using Focus on Cash, you agree to cover our reasonable losses and costs from that claim. This does not apply to the extent we caused the loss.

13. Suspending or closing an account

We may suspend or close an account if these terms are broken, if an invoice is not paid, or if we see a risk of fraud, misuse or a security problem. We will give notice where it is reasonable to do so. When an account is closed, its accounting connections are disconnected straight away, and its data is handled as set out in section 6.

14. Our intellectual property

Focus on Cash, including its design, code, wording, branding and the way it presents analysis, belongs to Focus First Pty Ltd. While your subscription is active, you may use it for your own business, or for your clients' businesses if you are an advisor. Your data stays yours, as set out in section 7.

15. Changes to these terms

We may update these terms. We will tell you about important changes by email or in Focus on Cash at least 30 days before they apply. If you keep using Focus on Cash after that, you accept the new terms.

16. Disputes and law

If you have a problem with Focus on Cash, email us first and we will try to sort it out with you. If we cannot agree within 30 days, either of us may take it further.

These terms are governed by the law of New South Wales, Australia. The courts of New South Wales decide any dispute about them.

17. General

• Feedback. If you send us ideas or feedback, we may use them to improve Focus on Cash without owing you anything for them.
• If the business changes hands. We may transfer these terms, and your account, to a new owner of Focus on Cash. We will tell you if that happens. You may not transfer your subscription without our written agreement.
• Notices. We send notices to the email address on your account, so keep it up to date. Send notices to us at the contact email below.
• If part of these terms is invalid, the rest still applies.
• If we do not enforce a term straight away, we can still enforce it later.
• The whole agreement. These terms, our Privacy Policy and any price we have agreed with you in writing are the whole agreement between us about Focus on Cash.

18. Contact

Questions about these terms: [email protected].