Terms of Use

Effective from: 1 August 2025

IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations. By accessing or otherwise using the Platform (as defined below), you agree to be bound by these Terms and agree to access or otherwise use the Platform in accordance with these Terms. If you do not accept and agree to be legally bound by and comply with these Terms, you must not access or otherwise use the Platform.

Felix Software Pty Ltd ACN 600 712 589, incorporated in Australia and trading as Felix, operates the website at https://www.felix.net/ and the related applications.

Your rights in relation to use of the Platform are set out in these Terms. Please also see our Privacy Policy https://www.felix.net/privacy-policy for information about how Felix handles and uses personal information.

We may review and update our Terms from time to time without your prior consent. We will provide all Account holders with 30 days advance notice before the updated Terms become effective. Any updated Terms will become binding on you if you continue to use the Platform 30 days after we provide you with notice of the updated Terms.

1. Acceptance of Terms

By accessing, requesting or using any part of the Platform you are deemed to have accepted these Terms, which shall form a binding agreement between you (as a User) and Felix. Your registration and creation of any Account is also subject to these Terms.

2. Disruption and accuracy

You acknowledge and agree that your access to the Platform, including any material available via the Platform and any Uploaded Material, may be disrupted at any time including as a result of a malfunction, updating, maintenance or repair of the Platform or for any other reason within or outside our control.

To the extent permissible at law, Felix shall not be liable for any loss or damage caused or suffered as a result of any partial or total suspension or breakdown of, or inability to access or use, the Platform.

You agree that access and use of the Platform is at your own risk and that Felix does not warrant that the Platform will meet your specific requirements, or that access to or use of the Platform will be uninterrupted, timely, secure, or error-free.

Felix nor any third party data or content provider make any representations or warranties, whether express or implied, as to the accuracy, correctness and reliability of the Platform and its content (including but not limited to any Uploaded Material or any information which may be provided by Felix or any third party or data or content providers) ("Information") and shall not be bound in any manner by any Information contained on the Website, Platform or Application. No Information provided shall be construed as advice and Information is offered for information purposes only. You and any related entity or person rely on the Information at your own risk. If you find an error or omission, please let us know. You should obtain independent advice about, and verify, any Information you obtain through the Platform.

The output, or format of output, provided by the Platform may vary from time to time and may not deliver all outputs or formats that you require. No guarantees, warranties, or representations are made by Felix as to the accuracy, completeness or utility of any material available through the Platform at any time. Your use of the material available through the Platform is not a substitute for your own independent decisions and advice. You represent and warrant you have made your own enquiries and satisfied yourself of such matters.

Felix has no liability with respect to any failure to save any Uploaded Material or other data, or for the loss or corruption of, or unauthorised access to, any Uploaded Material or other data. Users are responsible for backing up any Uploaded Material or other data that is uploaded to the Platform.

3. Accounts and access

Registration

Use of part of the Platform may be restricted or conditional at Felix's discretion including requiring payment of a fee and/or a request to register or create a profile and/or an Account. If you request to register or signup for an Account or request access (excluding access to the Website) or use the Platform, you agree and represent that you:

1. are at least 18 years old or have otherwise reached the age of majority in the jurisdiction in which you reside and can form legally binding contracts;
2. will not request or allow another person to create an Account on your behalf or for your benefit;
3. do so in your own capacity or as an authorised agent or representative of a business or entity (or as otherwise would be required to duly bind that business entity to these Terms);
4. will not misrepresent your identity when using the Platform; and
5. will comply with all applicable laws when using the Platform.

Provision of information

You must, and hereby represent and undertake that you will at all times (and as soon as practicable if circumstances change) provide and maintain up to date, accurate and complete information in your Account as may be required and requested from time to time by Felix.

Verification

1. You consent to Felix or any third party authorised by Felix, without notice, verifying any information or content provided by or collected from you or any other information available to Felix and for Felix to make inquiries and investigations about you including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. If and when you are requested, you must provide all requested information about yourself including, but not limited to, providing official government, photographic identification, criminal background search results or legal documents. Some Account functions or access rights may be limited at Felix's discretion during any verification or investigation without notice.
2. Notwithstanding subclause (a) above, you acknowledge and agree that Felix does not assume any responsibility for the confirmation of any User's identity or conducting background checks for any Users.

Account activity

You are personally responsible for all and every activity that occurs in and through your Account and consent to Felix assuming that any use of your Account is by you. You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Account including its username and password. You acknowledge sole responsibility for and assume all risk arising from your use of any Account and the Platform. Unless otherwise permitted by us in writing you must not allow any unauthorised person to access your Account at any time. Felix will never ask you to send your password or other sensitive information via email or enter it into any website other than an official website operated by Felix. If you ever suspect that there has been any unauthorised use of your Account or the secrecy of your password has been compromised, you must immediately change your password and contact us.

You agree not to use another person's Account.

Permissions

Felix may, in its sole discretion, for any reason and at any time: (a) refuse to grant access to any Platform or Account to you; (b) suspend, disable, close or delete yours or any affiliated or other Account at any time; (c) revoke your access to any part of the Platform; or (d) change the type or permissions of any Account. If any of the aforementioned occur for any period, you agree and understand that you may not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access the same or deletion or associated consequences, loss or damages. We may in our sole discretion, to the extent permitted by law, retain some or all of your data, Account details or Uploaded Material. If your Account is closed by Felix, you may sign up again only with our express prior consent. Felix is not liable for any loss of profit, savings or opportunity that may result from the suspension or cancellation of any of your Accounts.

Closing your Account

You may close your Account at any time. However, you are and remain bound to these Terms and liable for any and all obligations related to past performance and functions after your Account has been closed. Once you have officially closed your Account you may not be able to re-register it again. Once your Account has been closed we may retain or delete any information or content you have received, provided or posted, to the extent permitted by law. If your Account is closed, you agree and understand that you will not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access same or deletion or associated consequences, loss or damages.

4. Intellectual Property Rights

The Intellectual Property Rights to the Platform and the material available or provided therein (including any Uploaded Material) are owned by or licensed to us. Nothing in these Terms transfers our interest in those Intellectual Property Rights.

Felix grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Platform subject to and in accordance with these Terms.

You may only use other Users' Uploaded Material for the purposes contemplated by the Platform. Except to the extent permitted by law, you may not copy, reproduce, create derivative works from, republish, distribute, or otherwise deal in any way with the Platform, or any Uploaded Material or any of the material available via the Platform (unless you own the relevant Intellectual Property Rights or have a licence from the owner of the relevant Intellectual Property Rights), without our prior written consent.

Your Uploaded Material

Subject to any other written agreement you have with Felix, you retain all right, title and interest you may have in any Uploaded Material uploaded, provided or made available by you. You grant Felix, without any compensation to you or others whatsoever, a non-exclusive, transferrable, global, royalty-free licence, with the right to grant sub-licences, to use, copy, modify, adapt, prepare derivative works from, publish, communicate, transmit or broadcast the Uploaded Material, or any part thereof, in any format, media or distribution method for any purpose associated with our business, the operation of the Platform or the provision of services in conjunction with the Platform, including marketing purposes. Such grant is perpetual and cannot be revoked whatsoever, to the extent permitted by law.

You consent to the infringement by Felix and its sub-licensees and successors and assignees of any Moral Rights that you may have with respect to the Uploaded Material by not attributing authorship to you or by changing or dealing with the Uploaded Material in any manner that might constitute derogatory treatment. Nothing in this clause entitles Felix to falsely attribute the authorship of any Uploaded Material.

You represent and warrant that:

1. you are the owner of the Uploaded Material provided by you or otherwise have authority to reproduce and communicate the Uploaded Material on the Platform and license such Uploaded Material to us including in the form and for use as set out at Clause 4.4 above;
2. any Uploaded Material uploaded, provided or made available by you is accurate and correct; and
3. your provision and use of the Platform and any Uploaded Material, and the grant by you of the licence to Felix in clause 4.4, does and will not violate any laws or regulations, or infringe any Intellectual Property Rights or any other rights of any third party.

You accept full responsibility for any infringements of any Intellectual Property Rights of others in connection with Uploaded Material uploaded, provided or made available by you and agree to pay all royalties, fees, damages, accounts of profit or monies owed in connection with Uploaded Material uploaded, provided or made available by you.

You acknowledge and agree that we may remove from the Platform any Uploaded Material, including Uploaded Material uploaded, provided or made available by you, at any time, in whole or part, for any reason whatsoever without notice.

Use of other Users' Uploaded Material

You acknowledge and agree that we are not obliged to monitor or check other Users' Uploaded Material and that we provide no warranties with respect to any other Users' Uploaded Material. You access, use and rely upon other Users' Uploaded Material at your sole risk.

Use of our trade marks

You may not use the trade mark "Felix" or any of our other trade marks (including logos), including as part of a hash tag or meta tag, without our express written permission. You may not use any trade marks appearing in any Uploaded Material without the express written permission of the owner of that trade mark.

5. Third party providers

We may disclose material (including Uploaded Material) to third parties for the purpose of operating, or in connection with, the Platform and for you to use the Platform.

You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any such third party.

6. Privacy

You consent to our use and disclosure of your Personal Information (or Personal Data as applicable) in accordance with our Privacy Policy published from time to time at https://www.felix.net/privacy-policy.

You consent to receipt of marketing communications including Commercial Electronic Messages from Felix. To opt-out of other marketing communications including Commercial Electronic Messages, please see our Privacy Policy.

You acknowledge and agree that we have no liability with respect to the privacy practices of any suppliers of Third Party Products or other Users. Prior to acceptance of any service from a supplier of Third Party Products, you should ask for and review their privacy policy.

You must comply with all applicable privacy laws in your collection, use and disclosure of Personal Information (or Personal Data as applicable) when using the Platform.

To the extent that it applies to you, you must comply with our Data Processing Agreement published at https://www.felix.net/data-processing-agreement-felix.

7. Links

The Website or the Application may provide links to websites and other online resources operated by third parties. You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by Felix of the third party's goods or services.

8. Security

You must ensure that you keep any computer systems, network and internet connection that you use in connection with the Platform secure in accordance with good computer security practices including advice from the Australian Cyber Security Centre (https://www.cyber.gov.au).

9. Disclaimer

You acknowledge and agree that Felix does not assume any responsibility for the confirmation of any User's identity, conducting background checks for any Users or screening any direct messages from Users or other Uploaded Material provided by Users. You interact with other Users at your own discretion and risk.

If you choose to use the Platform, including without limitation by obtaining any services via the Platform, you do so at your own risk. To the extent permitted by law, the Platform is provided "as-is" and we expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory or arising out of the course of performance, course of dealing or usage of trade including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, security, accessibility, title or non-infringement, or any warranties that the Platform is free of bugs or viruses or with respect to retention of data. You represent and warrant that you have made your own independent enquiries to satisfy yourself in the absence of any such representation, guarantee or warranty prior to using the Platform or relying on any material therein.

You acknowledge and agree that the Platform is or may be from time to time operated from servers owned or controlled by a third party, and that as such, certain functions are out of Felix's control, including databases and application infrastructure. Felix will not be liable to you for any event or action caused by any third party.

Felix may make some or all of its services and/or the Platform inaccessible from time to time as required for updates, backups, maintenance and/or upgrades. Felix has no liability if access to all or part of the Platform or any services are disrupted or limited, for any reason.

You acknowledge and agree that Felix may at any time correct any errors, amend, add to or remove features from, redesign, improve or otherwise alter the Platform or any Felix services at Felix's sole and absolute discretion.

Felix reserves the right to impose additional fees for any of its services. In any instance, Felix will notify you before charging any additional fees.

We provide no guarantees, and have no liability, with respect to:

1. the conduct of other Users both on and off the Platform;
2. any Uploaded Material provided by other Users of the Platform;
3. any representations or statements made by any User via the Platform or any supplier of Third Party Products; or
4. the quality or safety of any advice, goods or services supplied by other Users or any other third parties, including Third Party Products, via the Platform.

10. Prohibited activities

User responsibilities and obligations

You acknowledge and agree that you are solely responsible for compliance with any and all laws that may apply to your use of our Platform. In connection with your use of the Website, the Application or the Platform, you must comply with any reasonable directions issued by us from time to time, and must not and must not assist or enable others to:

1. breach or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or our Terms;
2. post or upload content that is illegal, that violates another person’s or entity’s rights including Intellectual Property Rights, confidentiality rights and privacy rights, is fraudulent or is false, misleading, or deceptive;
3. cause harm or loss to anyone;
4. use the Platform in a manner that falsely implies Felix's endorsement, partnership or otherwise misleads others as to your affiliation with Felix;
5. post advertising or other commercial content, company logos, links, or company names other than as permitted by Felix;
6. copy, store or otherwise access or use any information, including personally identifiable information about any other User in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy or confidentiality rights of Users or third parties;
7. engage in fraud, phishing or identity theft;
8. make any false, misleading or deceptive statements;
9. post content that defames or slanders any User or any third party;
10. use the Platform in connection with the distribution of unsolicited Commercial Electronic Messages ("spam");
11. impersonate another person, account, or entity, including a representative of Felix;
12. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
13. bully, stalk, intimidate, menace, harass, offend or cause annoyance or psychological distress to any person;
14. post or upload any content that is offensive, sexually explicit or depicts nudity;
15. promote or facilitate self-harm, violence or terrorist activities;
16. dilute, tarnish or otherwise harm the Felix brands in any way, including through unauthorised use of other Users' Uploaded Material, registering, applying to register and/or using "Felix" or any of our other trade marks, or any substantially identical or deceptively similar words, in any domain names, business names, company names, trade marks or other source identifiers;
17. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
18. "frame" or "mirror" any part of the Platform;
19. distribute computer viruses, bugs, worms, Trojan horses or other malicious code;
20. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Felix or any of Felix's providers or any other third party to protect the Platform;
21. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
22. express or imply that any statements that you make are authorised, approved or endorsed by Felix;
23. use or develop any software applications that interact with the Platform, other than those provided by Felix; or
24. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

No obligation for Felix to monitor User use of the Platform

You acknowledge and agree that Felix has no obligation to monitor the access to or use of the Platform by any User, but Felix has the right to do so at its discretion, to:

1. operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
2. ensure Users’ compliance with these Terms;
3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
4. respond to posted or uploaded content that it determines is harmful or objectionable; or
5. as otherwise set forth in these Terms.

11. Liability

1. supplying any services again; or
2. paying the cost of having the services supplied again.

1. you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss or damage, whether in contract, tort (including negligence), statute, or otherwise in connection with the Platform, to the extent that you or any other person contributed to the loss or damage; and
2. you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss, damage or expenses to the extent that you could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate your loss.

12. Release and indemnity

1. any breach by you of these Terms (including any warranty) or any other agreement you have with Felix or another User;
2. any Uploaded Material uploaded, posted, sent, provided or made available by you;
3. any disclosure by you of any personal information via the Platform;
4. your infringement of the Intellectual Property Rights or other rights of a third party; or
5. your negligence or breach or infringement of any law or regulation.

13. Breach

14. Disputes

15. Notices

16. Miscellaneous

1. Terms will be governed and interpreted in accordance with the laws of Queensland, Australia;
2. where you may have a dispute or claim against us, you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts entitled to hear appeals from those courts; and
3. where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim.

18. Interpretation

In these Terms:

1. headings are for convenience only and do not affect interpretation;
2. words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
3. references to any party, person or entity as the case requires includes their executors, administrators, permitted assigns and successors;
4. references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
5. references to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
6. obligations under these Terms affecting more than one party bind them jointly and each of them severally; and
7. no rule of construction will apply to the disadvantage of one party on the basis that that party put forward or drafted these Terms.