Terms of Service

1. Acceptance and eligibility

These Terms of Service (“Terms”) form a binding agreement between you and Nian Marketing Pty Ltd (ABN 80 149 763 093) (“we”, “us”, “our”), the operator of voyj.app and the developer and operator of the Voyj Workbench Platform (“Voyj Workbench”).

By accessing or using our website at voyj.app, by creating an account, or by signing up for a Free Trial or a paid subscription, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and have the legal capacity to enter a binding contract to accept these Terms. If you are accepting on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and references to “you” include that organisation.

2. Commercial use

You acknowledge and agree that:

• (a) the Service is provided for, and is intended to be used in, business, professional, or commercial purposes — including (without limitation) by career coaches, counsellors, and other regulated practitioners as part of their professional practice;
• (b) you are entering into these Terms in a business or professional capacity, and not as a consumer, to the extent that distinction applies under applicable law;
• (c) where the Australian Consumer Law, the unfair contract terms regime, or any other consumer or business protection law applies to you, those laws apply only to the extent they cannot be excluded, restricted, or modified by agreement, and nothing in these Terms is intended to exclude any non-excludable right, guarantee, or remedy; and
• (d) given the B2B nature of the Service, the liability cap set out in section 6 and the warranty disclaimers in section 5 are reasonable and appropriate.

Where the Service is acquired in a way that attracts a non-excludable consumer guarantee (for example under the small-business limb of the Australian Consumer Law), sections 5 and 6 operate only to the extent permitted by that law.

3. Definitions

In these Terms:

• “Service” means, collectively, the Voyj marketing website at voyj.app and the Voyj Workbench Platform.
• “Plan” or “Subscription” means a paid subscription plan for Voyj Workbench purchased through the in-product sign-up flow.
• “Free Trial” means a time-limited, unpaid access to Voyj Workbench offered to prospective customers for evaluation purposes.
• “Organisation” means the unique account workspace created within Voyj Workbench for you or your business, with its own data, members, and billing.
• “User” means any individual authorised by you to access your Organisation.
• “Your Data” means any data, content, or material that you or your Users upload to, or generate within, the Service.

4. Service description and “as is” basis

We provide the Service on an “as is” and “as available” basis. We may modify, update, or discontinue any feature of the Service at any time, with or without notice, provided that we do not materially reduce the core functionality of a paid Subscription during its then-current term without giving you the right to cancel described in section 22.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your particular requirements. You are responsible for evaluating the Service against your own needs, your own clients, and your own regulatory environment before relying on it for any business-critical purpose.

5. No warranties (and Australian Consumer Law)

To the maximum extent permitted by law, all warranties, conditions, and guarantees (whether express, implied, statutory, or otherwise) are excluded. Without limitation, we make no warranty that the Service will be fit for a particular purpose, will achieve any particular result, or will operate without interruption.

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, or right that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where the Australian Consumer Law applies, and where we are permitted to do so, our liability in respect of any non-excludable guarantee is limited (at our option) to re-supplying the Service or paying the cost of having the Service re-supplied.

6. Limitation of liability

To the maximum extent permitted by law, in no event will we or our officers, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data, arising out of or in connection with your use of the Service, regardless of the cause of action and even if we have been advised of the possibility of such damages.

Subject to the non-excludable rights under the Australian Consumer Law, our total aggregate liability for any and all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the total amounts you have paid us under these Terms in the 12 months immediately preceding the event giving rise to the claim, or (b) AUD $100.

The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law (including under the Australian Consumer Law), to damages caused by our gross negligence or wilful misconduct, or to our indemnification obligations under section 20.

7. Your responsibility to assess fit

Any decision to use the Service — including as a paying customer — should be made only after your own careful and independent evaluation of whether the Service fits your practice, your workflows, and the obligations you owe to your clients. We may provide product information, demonstrations, free trials, and support to assist you in that evaluation, but we do not represent that the Service is suitable for any particular purpose or for any particular cohort of clients.

In particular, if you are a career coach, counsellor, or other regulated practitioner, you remain solely responsible for:

• your own professional-conduct and ethics obligations, including any codes administered by your professional body (for example ASCA, CICA, CDAA, ATAA, AHPRA, or an equivalent body in your jurisdiction);
• your own record-keeping, reporting, and audit obligations, including any sector-specific retention periods your regulator or registration body requires;
• ensuring that the Service, in combination with your own clinical or professional workflow, discharges any duty of care, confidentiality, or informed consent that you owe to your clients; and
• obtaining and maintaining any consents, registrations, or licences required by law to operate your practice.

We do not warrant, and we expressly disclaim, that use of the Service by you will, on its own, discharge any obligation owed by you to your clients, your regulator, or any third party.

8. Operation, maintenance, and backups

We take reasonable care to operate the Service reliably and securely, including through routine monitoring, patching, and capacity management. Planned maintenance, where reasonably practicable, will be announced in advance via the in-product notification system or by email to your account contact.

We perform regular backups of production data. We do not guarantee that any particular backup will always be available, complete, or current, and we recommend that you maintain your own records of any data you cannot afford to lose (for example exporting your client notes on a routine basis).

9. Uptime and service levels

Except where a separate written Service Level Agreement has been agreed with you, we do not commit to any specific uptime percentage or response time. Availability targets are best-efforts, and any targets we publish are aspirational rather than contractual.

From time to time we may offer enhanced service levels, support response times, or uptime guarantees as part of an enterprise Plan; those commitments are binding only when set out in a signed order form.

10. Free Trial

A Free Trial is offered to help you evaluate Voyj Workbench before paying. The following rules apply:

• A Free Trial is limited to one (1) Organisation per person or legal entity. Multiple Free Trial Organisations for the same person, business, or affiliated group are not permitted.
• We may refuse to create, may merge, or may close any additional Organisation that we reasonably believe has been created to circumvent this limit.
• Free Trial organisations may be subject to feature limits, storage caps, or usage caps at our discretion.
• At the end of the Free Trial, the Organisation will either convert to a paid Plan if you subscribe, or be downgraded or suspended. We will use reasonable efforts to give you advance notice before that happens.
• Multiple paid Organisations (for example a coach with separate practices, or a multi-entity enterprise customer) are permitted in line with our pricing and the limits of your chosen Plan.

11. Paid subscriptions

Paid Subscriptions are governed by the Plan selected at sign-up. Plan details (features, limits, billing cycle, and fees) are presented inside the Workbench sign-up flow and confirmed in your order confirmation.

All fees are stated in Australian dollars (AUD) and include GST, unless otherwise stated. You must provide a valid payment method and keep it current. If a payment fails, we may suspend access to your Organisation after a reasonable grace period and may charge reasonable collection costs.

12. Price changes

We may change the fees for a Plan at any time. For an active paid Subscription, we will give you at least 30 days’ written notice of any material price change that affects you. Where we do so, you may cancel your Subscription before the change takes effect and receive a pro-rated refund of any unused, prepaid fees.

13. Renewal, cancellation, and refunds

Subscriptions automatically renew at the end of each billing cycle for a further period of equal length unless cancelled before the renewal date. You may cancel a Subscription at any time through your Organisation’s billing settings, with effect from the end of the then-current billing cycle.

Except where required by law (including the Australian Consumer Law) or where we agree at our discretion, fees paid are non-refundable. Partial-period refunds are not provided for cancellations that take effect part-way through a billing cycle.

14. Eligibility, accounts, and security

You must provide accurate, current, and complete information when creating an Organisation or signing up for a Plan, and must keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorised it.

Where multi-factor authentication or single sign-on is offered, we strongly recommend you enable it. You agree to notify us promptly if you become aware of any unauthorised access to your account.

15. Acceptable use

You agree not to, and not to permit any User to:

• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law;
• scrape, crawl, or use automated means to access the Service except as we have explicitly permitted (for example via an officially documented API);
• interfere with, bypass, or compromise the security of the Service or any related systems;
• upload or transmit viruses, malware, or any content intended to disrupt or harm the Service or other users;
• use the Service to infringe the intellectual property, privacy, or other rights of any person, or to breach any applicable law;
• create multiple Organisations to circumvent the Free Trial limit set out in section 10; or
• resell, sublicense, or white-label the Service except as expressly permitted under a Plan.

We may investigate suspected breaches and may suspend or terminate access to the Service, with or without notice, where we reasonably believe a breach has occurred.

16. Your data and privacy

You retain all rights, title, and interest in Your Data. You grant us a limited, non-exclusive, royalty-free licence to host, store, copy, transmit, and process Your Data for the purpose of operating, securing, and improving the Service for you.

Our Privacy Policy at /privacy is incorporated into these Terms by reference and applies to all personal information collected through the Service. In the event of any inconsistency between these Terms and the Privacy Policy in relation to personal information, the Privacy Policy prevails.

Use the export features available in the product to keep your own records of anything you may need, before terminating an organisation. We do not provide a guaranteed export window on termination or expiry. Active organisation records are retained while required by the organisation and are not subject to a universal account-closure deletion period. We may retain limited records where required by law or necessary for audit, accounting, security, fraud prevention, or establishing, exercising, or defending legal claims. Our retention practices, including client portal account deletion and connected-provider deletion, are described in the Privacy Policy.

17. Intellectual property

We (and our licensors) retain all intellectual property rights in the Service, including the software, design, content, branding, and documentation. Nothing in these Terms transfers any of those rights to you except the limited licences expressly set out in these Terms.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use that feedback without restriction or obligation to you.

18. Third-party integrations and links

The Service may contain links to, or integrations with, third-party websites or services that we do not control. We are not responsible for the content, products, or practices of those third parties, and your use of them is at your own risk and subject to their own terms.

19. Confidentiality

Each party may disclose confidential information to the other in connection with these Terms. Each party agrees to protect the other’s confidential information using reasonable measures and to use it only for the purposes of these Terms.

Confidentiality obligations do not apply to information that is publicly known (other than through breach of these Terms), independently developed, lawfully received from a third party, or required to be disclosed by law.

20. Indemnification

You indemnify us and our officers, employees, and contractors against all claims, damages, costs, and expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) your misuse of the Service; (c) Your Data, including any claim that Your Data infringes a third party’s rights or breaches any law; or (d) your breach of any professional-conduct, registration, or record-keeping obligation owed to your clients or to a regulator.

We indemnify you against any third-party claim that the Service, as supplied by us, infringes that third party’s intellectual property rights, subject to standard carve-outs (where the claim arises from your combination of the Service with a third-party product, modification of the Service, or use outside the scope of these Terms). Each party’s total indemnification liability is subject to the cap in section 6.

21. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part, where we reasonably believe: (a) you have materially breached these Terms; (b) payment for a paid Subscription is overdue and remains unpaid after a reasonable grace period; (c) continued access poses a security or integrity risk to the Service or other users; or (d) we are required to do so by law.

You may terminate these Terms at any time by closing your Organisation or by giving us written notice. Sections that by their nature should survive termination — including those concerning liability, confidentiality, intellectual property, indemnity, governing law, and dispute resolution — will survive.

22. Changes to these Terms

We may update these Terms from time to time. The “Effective date” at the top of this page indicates when they were last revised. Material changes will be notified via the website, by email to your account contact, or via an in-product notice.

Where a material change affects a current paid Subscription and you do not agree to the change, you may cancel your Subscription within 30 days of the notice and receive a pro-rated refund of any unused, prepaid fees. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

23. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, and any appellate courts from those courts, in respect of any dispute or claim arising out of or in connection with these Terms or the Service.

Nothing in this clause limits either party’s right to seek injunctive or other interim relief in any court of competent jurisdiction.

24. Notices

We may give you notice under these Terms by email to the address associated with your account, by posting a notice within the Service, or by posting a notice on voyj.app. You may give us notice by email to legal@voyj.app or by post to our registered office in Brisbane, Queensland.

25. Miscellaneous

Severability: if any provision of these Terms is held to be invalid or unenforceable, that provision will be read down or severed and the remaining provisions will continue in full force.

No waiver: our failure to enforce any right under these Terms on one occasion does not constitute a waiver of that right on any other occasion.

Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in business or to a purchaser of the relevant part of our business.

Entire agreement: these Terms (together with the Privacy Policy and any signed order form) constitute the entire agreement between you and us in relation to the Service and supersede any prior or contemporaneous agreements.

Relationship: nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

Force majeure: we are not liable for any delay or failure to perform our obligations (other than your obligation to pay fees) caused by circumstances beyond our reasonable control.

26. How to contact us

For any questions about these Terms, please contact us at:

For privacy or data deletion requests, see our Data Deletion and Privacy Requests page. To report a security vulnerability, see Security at Voyj.