Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of Customer Relationship OS (CROS), a software product operated by Systems Mastery Pty Ltd ATF Mann Family Trust trading as Systems Mastery (ACN 138 024 441, ABN 62 698 393 859), of Albert Road, Lilydale, Victoria 3140, Australia (“we”, “us”, “our”). By creating an account, signing an order form, or otherwise using the service, you agree to these Terms.

1. Service description

CROS is a customer-relationship and business-operations platform: contacts, deals, purchases, bookings, email templates, automations, funnels, and analytics. We deliver it under one of two deployment models, which you choose at signup (see Section 3 for the commercial terms of each):

• Own it outright. We deliver the software, source code, and database schema for you to run on infrastructure you control (your own Railway, AWS, GCP, or similar account; your own domain; your own database). We retain no operational role in your deployment beyond the optional maintenance arrangements described in Section 3.1 and the sub-sections that follow it.
• Monthly subscription. We host the software for you on infrastructure we operate. Your workspace runs on our managed deployment. Your data is yours and exportable at any time, but the hosting itself is our responsibility and ends when the subscription ends.

2. Your account

You are responsible for keeping your account credentials confidential and for all activity on your account. You must be at least 18 years old to create an account. You must provide accurate registration information and keep it current.

You may invite team members to your workspace. You are responsible for their compliance with these Terms.

3. Fees and payment

CROS is offered under two commercial paths. You pick whichever suits your business at signup; prices are listed on our website and in your order form. All amounts are in USD unless stated otherwise.

3.1 Own it outright

A one-time software fee of $3,970 (currently $3,970) buys you a perpetual, non-exclusive licence to run CROS on infrastructure you control. The deliverable is the full source code, a database schema, and the setup work needed to get the software running on hosting of your choosing. Setup, onboarding, and team training are included in the one-time fee. Hosting costs (Railway, AWS, GCP, or similar) are paid by you directly to the provider you choose.

From delivery onward, you pick one of three ongoing arrangements:

• Maintenance plan — see Section 3.1a. $197/mo per month while active. We push updates, upgrades, and security patches to your deployment via access credentials you grant us.
• Maintenance by request — see Section 3.1b. No automatic updates; you call us when you need something fixed, upgraded, or added. Billed at our current hourly rate.
• Walk away — no ongoing arrangement with us. The software you own keeps running on whatever version was deployed when the maintenance plan or by-request engagement ended. No new features, no bug fixes, no security patches, no support from us. You may resume one of the arrangements above at any time; updates then resume from that date forward (we do not backport changes to periods when no arrangement was in force).

• The one-time software fee is non-refundable once implementation work has begun.
• The maintenance plan renews monthly and may be cancelled at any time; you retain access through the end of the current billing period.
• Nothing in the three choices above revokes the perpetual software licence granted by payment of the one-time fee. Walk-away customers continue to hold the licence and may self-maintain, hire another developer, or re-engage us at any time.

3.1a Maintenance plan details

The maintenance plan runs for monthly billing periods and may be cancelled with no notice; you retain updates and support through the end of the current paid period.

Deployment mechanism. We deploy updates by pushing commits to your repository or by connecting into your hosting account using access credentials you grant us. The exact mechanism is agreed with you at setup — common patterns are (a) deploy via a GitHub repository on your account, (b) deploy via Railway or similar cloud credentials you provision for us, or (c) deploy via a webhook on your Railway that pulls from a release channel we maintain. You may revoke the credentials or disable the webhook at any time. Revoked access pauses updates until credentials are re-granted; it does not end the plan or trigger a refund of the current month’s fee.

Security patches. Critical security patches (CVSS 9.0 or higher) are deployed to maintenance-plan customers within 72 hours of a public advisory. High- severity patches (CVSS 7.0–8.9) within 7 days. Lower-severity patches ride in the next scheduled release.

Upgrades. Minor and patch-level upgrades are included and deployed on a rolling cadence. Major-version upgrades (version jumps that may require schema changes, flagged in our release notes) are included in the plan but scheduled with you ahead of time so your team can plan around any brief downtime.

Support. Email support with response within 1 business day. Non-emergency feature or configuration work is billed at the by-request rate (Section 3.1b) unless a bespoke package has been agreed with you.

3.1b Maintenance by request

No automatic updates, patches, or scheduled work. You contact us when you need something — a bug fix, a feature addition, help with an upgrade, a security concern — and we quote hours in advance of the work. Billed at the current by-request rate.

The current by-request rate is $150/hour (ex. GST). This rate is reviewed quarterly. Changes to the published rate do not affect work already quoted or in flight.

3.2 Monthly subscription

A subscription of $247/mo includes the full platform, all updates, all upgrades, priority support, and the hosting itself — your workspace runs on infrastructure we operate for the term of the subscription. Setup, onboarding, and team training are included. You do not receive the source code by default under this plan; see Section 11a for the business-continuity commitment that covers you if we cease operations.

• Subscriptions have a 12-month minimum commitment. Cancellation during the initial 12 months does not shorten the term or trigger a refund; the remaining months of the initial term are payable in full.
• After the initial 12-month term, the subscription continues month-to-month and may be cancelled with 30 days’ notice. You retain access through the end of the current billing period.
• On cancellation, you receive a complete export of your workspace data on request — see “Your content and data” below.

3.3 Payment terms

• All fees are exclusive of taxes. You are responsible for any GST, sales tax, VAT, or withholding tax that applies in your jurisdiction.
• Payments are processed by Stripe. By paying, you agree to Stripe’s terms in addition to these.
• Recurring charges (maintenance plan or subscription) auto-renew until cancelled through your account or by written notice to contact@systemsmastery.com.
• We may change published prices for new orders or renewals on 30 days’ notice. Prices for your existing agreement stay fixed for the remainder of your current term (the balance of the 12-month subscription commitment, or the current maintenance-plan billing month).
• Overdue amounts may incur late-payment interest at the higher of 1.5% per month or the maximum permitted by law, plus reasonable collection costs.

4. Acceptable use

You agree not to use the service to:

• Send unsolicited bulk email (spam) or otherwise violate anti-spam laws (CAN-SPAM, CASL, Spam Act 2003).
• Store or transmit material that infringes intellectual property, is defamatory, or is otherwise unlawful.
• Attempt to reverse-engineer, disable, or circumvent security controls.
• Resell access to the software as a service without a separate written agreement with us.
• Use the service to compete with us or benchmark it for a competing product.

We may suspend or terminate accounts that violate this section, with reasonable notice where practicable.

5. Your content and data

You retain ownership of all content you upload or generate in the service (“Customer Data”). You grant us a limited licence to host, process, and display your Customer Data only as needed to operate the service on your behalf. You represent that you have the rights needed to upload the Customer Data you provide.

You are responsible for your own compliance with privacy laws (GDPR, Australian Privacy Act, CCPA, etc.) when you collect personal data from your own customers through forms, funnels, or integrations we provide.

6. Intellectual property

The software, its source code, and all associated documentation are owned by us or our licensors. The licence we grant you depends on which commercial path you are on under Section 3:

• Own-it customers receive the perpetual, non-exclusive licence described in Section 3.1 — to use, deploy, and modify the software on infrastructure you control. That licence survives cancellation of any maintenance arrangement and does not expire with any “term” of our relationship.
• Subscription customers receive a non-exclusive, non-transferable right to access the hosted service for the duration of the subscription. Access ends when the subscription ends.

“Non-transferable” means you may not resell the licence or the hosted service to a third party. Hiring a developer, contractor, agency, or in-house hire to maintain or modify the software on infrastructure you control is not a transfer and is explicitly permitted.

Feedback you provide about the service is not confidential; we may use it to improve the product without owing you compensation.

7. Third-party services

The service integrates with third-party providers (Stripe, Resend, Cloudflare, Railway, and others we may add). Your use of those services is subject to their own terms. We are not responsible for outages, changes, or defects in third-party services outside our reasonable control.

8. Warranty and disclaimer

Except as expressly stated in a separate written agreement, the service is provided “as is” and we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted or error-free.

Nothing in these Terms excludes rights and remedies that cannot be excluded under applicable consumer-protection law (including the Australian Consumer Law).

9. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to the service is limited to the fees you paid us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or exemplary damages, including lost profits, lost revenue, or lost data.

10. Indemnity

You agree to indemnify and hold us harmless from any third-party claim arising out of your Customer Data, your use of the service in violation of these Terms, or your violation of law.

11. Termination

Either party may terminate the agreement for material breach that remains uncured after 30 days’ written notice. We may terminate immediately for non-payment, threats to the security or integrity of the service, or violations of Section 4 (Acceptable use).

Termination interacts with the two commercial paths in Section 3 as follows:

• Own-it customers retain the software licence granted under Section 3.1 regardless of whether the maintenance plan is active. Termination of the maintenance plan ends update / upgrade / support delivery but does not revoke the licence to use the software you already own.
• Subscription customers lose access to the platform at the end of the current paid period. Cancellation during the initial 12-month term does not cut short the term or trigger a refund; the balance of the initial term remains payable.

On termination (or lapse of a subscription) we retain your Customer Data in a suspended state for 90 days, during which you may recover access by resuming payment or request a full workspace ZIP export via contact@systemsmastery.com. After day 91 we hard-delete the data from the primary store, and it is purged from backup media within a further 30 days under the retention windows described in our Privacy Policy. Because the software is also offered under a self-hostable licence, own-it customers retain access to their database independently of their relationship with us.

11a. Our business continuity

If we cease operations, whether in a planned wind-down or an unplanned insolvency, we commit to the following within thirty (30) days of our cessation notice to customers:

• Own-it customers already hold the software, the source code, and the database on infrastructure they control. No action from us is required for your business to keep running on the version you have. If a maintenance plan or by-request engagement was in flight, any pre-paid balance is either refunded or applied as a credit toward handover work, at your election.
• Subscription customers will receive, on request, (a) a complete workspace data export (CSV + ZIP archive + raw database dump) and (b) a copy of the current software build and the setup documentation needed to deploy it on infrastructure of your choosing. We charge no additional fee for this handover beyond the subscription you have already paid. You are responsible for the cost of standing up the replacement infrastructure.

This commitment is binding on us and, to the extent permitted by law, on any trustee, liquidator, administrator, or receiver appointed over Systems Mastery.

12. Changes to the Terms

We may update these Terms from time to time. Material changes will be notified by email or an in-product notice at least 30 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.

13. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of that state.

14. Contact

Legal notices should be sent to contact@systemsmastery.com.