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See our AU Privacy Policy here.  See our UK Privacy Policy here. 

These Terms are between you and Shortcuts Software Australia Limited (Shortcuts, we or us). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually.  If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or similar button or checkbox) that is presented to you.  

1. What these Terms cover.
   • Shortcuts Aire. These Terms, govern your subscription and use of Shortcuts Aire. These Terms do not apply to our enterprise agreement or other Shortcuts products, use of which requires a separate license agreement with us. For clarity, however, any client software (e.g., a desktop or mobile application) we provide as part of Shortcuts Aire remain subject to these Terms.
   • Effective Date. These Terms are effective and binding as of the date you first click “I agree” (or similar button or checkbox) (the Effective Date).
2. What's included in your Shortcuts Aire subscriptions; what are the restrictions.
   • Access to Shortcuts Aire. Subject to these Terms, and during the applicable Subscription Term, you may access and use Shortcuts Aire for your own business purposes. The rights granted to you in this Clause 1 are non-exclusive, non-sublicensable and non-transferable.
   • Support. During your Subscription Term, depending on which Subscription Plan you’ve signed up to, we will provide you with Support for Shortcuts Aire in accordance with our Support Policy.
   • Restrictions. Except as explicitly allowed in these Terms, you are prohibited from: (a) replicating, altering, adjusting, or creating derivative works of Shortcuts Aire; (b) leasing, distributing, selling, sublicensing, transferring, or granting third-party access to Shortcuts Aire; (c) utilising Shortcuts Aire for the benefit of any third party; (d) integrating any part of Shortcuts Aire into a product or service provided to a third party; (e) circumventing or interfering with mechanisms in Shortcuts Aire designed to restrict your usage; (f) attempting to obtain or derive the source code, underlying concepts, algorithms, file formats, or non-public APIs of any Shortcuts Aire through reverse engineering, disassembly, de-compilation, translation, or similar methods, except where explicitly allowed by applicable law (and only after providing advance notice to us); (g) removing or concealing any proprietary or other notices present in Shortcuts Aire; (h) employing Shortcuts Aire for competitive analysis or the development of competitive products; (i) publicly disclosing information about the performance of Shortcuts Aire; or (j) encouraging or aiding any third party in engaging in any of the aforementioned activities.
   • Responsibility for End Users. You are responsible for understanding the settings and controls for Shortcuts Aire and for controlling who becomes an End User. Where payment is required for End Users to use or access Shortcuts Aire, then we are only required to provide Shortcuts Aire to those End Users for whom you have paid the applicable fees, and only such End Users are permitted to access and use Shortcuts Aire. You are responsible for: i) compliance with these Terms by all End Users, including for any payment obligations and ii) the activities of all your End Users, including how End Users use Your Information, even if those End Users are not from your organisation or domain.
   • Credentials. This ensures the security and integrity of the Shortcuts Aire platform, You are required to enforce strict confidentiality of user IDs and passwords for Shortcuts Aire among all End Users. It is crucial that such information is not shared with any unauthorised individuals. Usernames are specifically assigned to individual, named persons and must not be shared under any circumstances. You assume full responsibility for any actions taken using username and passwords. You must notify us as soon as reasonably practicable if you become aware of any unauthorised use of Shortcuts Aire, any username or passwords.

3. Terms that apply to Your Information.
   • Utilising Your Information for Shortcuts Aire. You maintain complete ownership of all rights, title, and interest in Your Information as it is submitted to Shortcuts Aire. Under these Terms, and solely for the purpose of providing Shortcuts Aire to you, you grant us a limited term license, worldwide in scope. This license allows us to access, use, process, copy, distribute, perform, export, and display Your Information. Furthermore, if reformatting Your Information for display within Shortcuts Aire involves creating modifications or derivative works, the license also encompasses the right to make such modifications and derivative works. To address your support requests effectively, we may also access your accounts, end user accounts, and your Shortcuts Aire platform without explicit permission. This access is solely for the purpose of assisting you with support-related matters.
   • Your Information Compliance Obligations. You and your use of Shortcuts Aire (including use by your End Users) must comply at all times with these Terms, and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Information to Shortcuts Aire and to grant the rights granted to us in these Terms and (ii) Your Information and its submission and use as you authorise in these Terms will not violate (1) any Laws, (2) any third-party intellectual property, privacy, publicity or other rights, or (3) any of your or third-party policies or terms governing Your Information. Other than our express obligations under Clause 5 (Our security and data privacy policies), we assume no responsibility or liability for Your Information, and you are solely responsible for Your Information and the consequences of submitting and using it with Shortcuts Aire.
   • No Prohibited Sensitive Personal Information. You will not submit to Shortcuts Aire (or use Shortcuts Aire to collect) any Sensitive Personal Information. Notwithstanding any other provision to the contrary, we have no liability under these Terms for Sensitive Personal Information submitted in violation of the foregoing.
   • Removals and Suspension. We have no obligation to monitor any content uploaded to Shortcuts Aire. Nonetheless, if we deem such action necessary based on your violation of these Terms, including Shortcuts’ Policies, or in response to takedown requests that we receive we may (1) remove Your Information from Shortcuts Aire or (2) suspend your access to Shortcuts Aire. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of Shortcuts Aire or other users, we may suspend your access or remove Your Information immediately without notice. We have no liability to you for removing or deleting Your Information from or suspending your access to any Shortcuts Aire as described in this clause 4.
4. Using third-party products with Shortcuts Aire.
   • Third-Party Products. You (including your End Users) may choose to use or procure other third-party products or services in connection with Shortcuts Aire, including or implementation, customisation, training or other services (Third-Party Products). Your receipt or use of any Third-Party Products (and the third parties’ use of any of Your Information) is subject to a separate agreement between you and the third-party provider. If you enable or use Third-Party Products with Shortcuts Aire, subject to meeting our security requirements, we will allow the third-party providers to access or use Your Information as required for the interoperation of their products and services with Shortcuts Aire. This may include transmitting, transferring, modifying or deleting Your Information, or storing Your Information on systems belonging to the third-party providers or other third parties. Any third-party provider’s use of Your Information is subject to the applicable agreement between you and such third party provider. If you procure such third party products, we are not responsible for any access to or use of Your Information by third party providers or their products or services, or for the security or privacy practices of any third party provider or its products or services. You are solely responsible for your decision to permit any third-party provider or Third-Party Product to use Your Information. It is your responsibility to carefully review the agreement between you and the third-party provider, as provided by the applicable third-party provider. We disclaim all liability and responsibility for any Third-Party Products (whether support, availability, security or otherwise) or for the acts or omissions of any third-party providers or vendors.
   • You acknowledge and consent to the provision of Your Information to our own third-party providers by us for the purposes of provision of Shortcuts Aire. This may include (but is not limited to) search engines, marketing platforms, social media or our advisors.
5. Information Privacy and Security.
   • Privacy. You acknowledge that any data or information we collect about you, your End Users or your customers in connection with your and your End Users’ use of Shortcuts Aire is used and maintained in accordance with our Privacy Policy (see links above).
   • Compliance with laws. Nothing in these Terms prevents us from disclosing Your Information to the extent required by Law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so.
   • Improving Shortcuts Aire. To help improve your experience of Shortcuts Aire we use analytical techniques to better understand how Shortcuts Aire is being used. For more information on these techniques and the type of data collected, please read our Privacy Policy (see links above).
   • GDPR Data Processing Addendum. If you are in the EEAU, Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you can request and complete our Data Processing Addendum.

6. Payment & renewals.
   • Renewals. Your Subscription Plan will automatically renew for another Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in Shortcuts Aire. Cancelling your subscription means that you will not be charged a subscription from the next Billing Cycle, but you will not receive any refunds or credits for amounts that have already been paid and you will be responsible for any SMS All renewals are subject to Shortcuts Aire continuing to be offered and will be charged at the then-current rates.
   • SMS Costs. Depending on which Subscription Plan you’ve agreed to you, your SMS Costs may or may not be included in the Subscription Price. If SMS Costs are not included in your Subscription Plan (i.e you’re on SMS pay-as-you-go or you have SMS overages), your credit card will be charged the applicable SMS Costs at the end of each Billing Cycle.
   • Upgrading or Downgrading your Subscription. 
7. If you want to upgrade your Subscription Plan you will receive pro-rated credit for your current Billing Cycle, which will apply automatically towards the new plan amount. You will only be charged for the difference of your new plan.
8. If you want to downgrade you will be charged pro-rata for any SMS Costs and software usage that has occurred before your downgrade.
9. Your Billing Cycle will be reset from the date you change your Subscription Plan.
   • Payment. You must pay all fees in accordance with your Subscription Plan. You agree that we may bill your credit card or other payment method for renewals, a change to your Subscription Plan and/or SMS Costs.
   • Late Payment/ Payment Failures. If payment attempt fails, we will attempt to charge your card three further times. After this, if the payment is still outstanding your Subscription Plan will be downgraded to the free version with restricted features. You are, responsible for accessing your account to determine that we have received payment.
10. Taxes not included.
    • Taxes. Except for any value added tax (e.g GST/ VAT), the fees specified in these Terms are exclusive of all taxes or duties that may be applicable to Shortcuts Aire in the jurisdiction where the payment is made or received. If any such taxes or duties are required to be paid by us, you are responsible for remitting the amount of those taxes or duties in addition to the fees owed under these Terms.

8. Exclusion of Dependencies on Other Products or Future Functionality. 

You agree that your purchase of Shortcuts Aire is not contingent on the delivery of any future functionality or features (including future availability of any Shortcuts Aire beyond the current Subscription Term), or dependent on any oral or written public representations or comments we have made or may make regarding future functionality or features.

9. Beta, trial products
   • We may offer certain pre-release and beta features related to Shortcuts Aire (Beta Version) under these Terms or under a separate beta agreement. Your use of a Beta Version is subject to any additional terms that we specify and is only permitted during the term we designate (or, if not designated, until terminated in accordance with these Terms). We may modify or terminate your right to use or the features, accessibility of a Beta Version at any time and for any reason in our sole discretion, without liability to you. You must accept the modifications to continue using the Beta Version. If you object to the modifications, your exclusive remedy is to cease using the Beta Version.
   • You understand that any, a Beta Version is still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than the generally available Shortcuts Aire. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Clause. All information regarding the characteristics, features or performance of any Beta Versions constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to Beta Versions, including any Support, warranty and indemnity Notwithstanding anything else in these terms, our maximum aggregate liability to you in respect of beta versions will be $10.
10. IP Rights and Feedback.

Shortcuts Aire is made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Shortcuts Aire. From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

11. • Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, branding, marketing, technical and financial information disclosed to such party (Receiving Party) by the disclosing party (Disclosing Party) constitute the confidential property of the Disclosing Party (Confidential Information), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any performance information relating to Shortcuts Aire will be deemed our Confidential Information without any marking or further designation.
    • Except as expressly authorised in these Terms, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Clause 11 and that the Receiving Party remains responsible for compliance by them with the terms of this Clause 11.
    • The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can evidence (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information.
    • The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, Law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
12. Term and Termination.
    • Term. These Terms are effective as of the Effective Date and expire on the date of expiration or termination of the Subscription Term.
    • Termination for Cause. Either party may terminate these Terms if the other party (a) fails to cure any material breach of these Terms (b) fails to cure any non-material breach of these Terms within 10 days after notice; (b) ceases operation; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days).
    • Termination for Convenience. You may choose to stop using Shortcuts Aire and terminate your Subscription Plan at any time for any reason upon notice to us, upon any such termination: (i) you will not be entitled to a refund of any pre-paid fees, (ii) if you have not already paid all applicable fees for the then-current Subscription Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable and (iii) you will be responsible to pay any SMS Costs. We may give you notice of termination with 60 days’ notice.
    • Effects of Termination. Upon any expiration or termination of these Terms, your access to Shortcuts Aire will cease. At our request, you must delete all Confidential Information or other materials of ours in your possession, including on any third-party systems operated on your behalf. You will certify such deletion upon our request. If you require an export of data you can contact Support Services prior to the end of your Subscription Term to provide an export of certain data, including certain client, service, appointment and transaction history data which will be charged at our standard rates. You will not have access to Your Information after expiration or termination of your Subscription Term.
    • In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
    • Survival. The following provisions will survive any termination or expiration of these Terms: Clause 2.3 (Restrictions), 1(Third-Party Products), 6.4 (Payment), 11 (Taxes), 9 (Beta Versions), 10 (IP Rights and Feedback), 11 (Confidentiality), 12 (Term and Termination), 14 (Warranty Disclaimer), 15 (Limitations of Liability), 16.3 (IP Indemnification) (but solely with respect to claims arising from your use of Shortcuts Aire during the Subscription Term), 17 (Dispute Resolution) and 18 (Miscellaneous).
13. Warranties and Disclaimer.
    • Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms.
    • Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into Shortcuts Aire (but we are not responsible for harmful materials submitted by you or End Users) (the Performance Warranty).
    • Warranty Remedy. We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate the applicable Subscription Term. In this case, you will receive a refund of any fees you have pre-paid for use of Shortcuts Aire for the terminated portion of the applicable Subscription Term. The Performance Warranty will not apply: (i) unless you make a claim within thirty (30) days of the date on which you first noticed the non-conformity, or (ii) if the non-conformity was caused by misuse, unauthorised modifications or third-party products, software, services or equipment. Our sole liability, and your sole and exclusive remedy, for any breach of the Performance Warranty are set forth in this Clause 13.
    • Your Warranty. If you accepted these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you sign up for Shortcuts Aire using an email address from your employer or another entity, then (a) you will be deemed to represent such party, (b) your click to accept will bind your employer or that entity to these terms, and (c) the word “you” in these terms will refer to your employer or that entity
14. Warranty Disclaimer.
    • Except as expressly provided in this Clause 13, all Shortcuts Aire and Support are provided "as is”. We and our suppliers explicitly disclaim any and all warranties and representations of any kind, including but not limited to warranties of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether expressed, implied, or statutory. While we are committed to fulfilling our obligations under these Terms, we do not guarantee uninterrupted or error-free use of Shortcuts Aire, nor do we warrant the accuracy or preservation of Your Information. Please be aware that utilising Shortcuts Aire involves transmitting your information across networks that we do not own, operate, or control. Consequently, we are not responsible for any loss, alteration, interception, or storage of your information that occurs across such networks.
    • We strive to implement secure procedures; however, we cannot guarantee error-free security measures, absolute transmission security of your information, or the invulnerability of our security measures or those of our third-party service providers against unauthorized third-party actions. Delays, interruptions, service failures, or other issues inherent in internet usage, electronic communications, or external systems beyond our reasonable control are not within our liability.
    • You may possess additional statutory rights; however, any statutorily required warranties, if applicable, will be limited to the shortest duration permissible by law.
15. Limitation of Liability.
    • Consequential Loss Exclusion. Neither party (nor its suppliers) will have any liability arising out of or related to these terms for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, costs of delay, or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of the possibility of such damages in advance.
    • Limit of liability. Each party’s aggregate liability to the other arising out of or related to these terms will not exceed the amount actually paid or payable by you to us under these terms in the twelve months immediately preceding the claim.
    • Nature of Claims and Failure of Essential Purpose. The parties agree that the limitations specified in this Clause 15 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
16. • Subject to clause 15 we will undertake the defence of any claim brought against you by a third party, alleging that the authorised use of Shortcuts Aire under these Terms infringes any third-party patent, copyright, or trademark, or misappropriates any third-party trade secret enforceable in any jurisdiction that is a signatory to the Berne Convention (referred to as a Claim). We will indemnify you against any reasonably foreseeable, mitigated and finally determined damages and costs awarded on the Claim by a court of competent jurisdiction or agreed to via settlement executed by us (including reasonable lawyer's fees). This indemnification is contingent upon the following:
      1. prompt written notice of the Claim (but in any event notice in sufficient time for us to respond without prejudice);
      2. reasonable assistance in the defence and investigation of the Claim, including providing us a copy of the Claim, all relevant evidence in your possession, custody, or control, and cooperation with evidentiary discovery, litigation, and trial, including making witnesses within your employ or control available for testimony; and
      3. the exclusive right to control and direct the investigation, defence, and settlement (if applicable) of the Claim.
    • If your use of Shortcuts Aire is (or in your opinion is likely to be) enjoined, whether by court order or by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion:
      1. procure the right for your continued use of Shortcuts Aire in accordance with these Terms;
      2. substitute a substantially functionally similar product; or
      3. terminate your right to continue using Shortcuts Aire and refund any prepaid amounts for the terminated portion of the Subscription Term. Our indemnification obligations above do not apply:
         • if Shortcuts Aire is modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification;
         • if Shortcuts Aire is used in combination with any non-Shortcuts product, software, service or equipment, but solely to the extent the alleged infringement is caused by such combination;
         • to unauthorised use of Shortcuts Aire;
         • to any Claim arising as a result of:
           16. Your Information or circumstances covered by your indemnification obligations in Clause 4 (Your Indemnity) or
           17. any third-party deliverables or components contained with Shortcuts Aire or
           18. if you settle or make any admissions with respect to a Claim without our prior written consent.
         • This Clause 16 states our sole liability and your exclusive remedy for any infringement of intellectual property rights in connection with any Shortcuts Aire or other items we provide under these terms.
         • Your Indemnity. You will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable lawyer’s fees and costs) resulting from any claim arising from or related to (i) or any claims or disputes brought by your End Users arising out of their use of Shortcuts Aire, (ii) your breach (or alleged breach) of Clause 2 (Your Information Compliance Obligations) or 3.3 (No Prohibited Sensitive Personal Information). This indemnification obligation is subject to you receiving (a) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (b) the exclusive right to control and direct the investigation, defense or settlement of such claim and (c) all reasonable necessary cooperation by us at your expense.

17. Dispute Resolution.
    • Informal Resolution. In the event of any dispute or claim arising out of or relating to these Terms, the parties will attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of thirty days, either party may pursue relief as may be available under these Terms pursuant to Section 2 (Governing Law; Jurisdiction). All negotiations pursuant to this Clause 17.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.
    • Governing Law; Jurisdiction. These Terms will be governed by and construed in accordance with the applicable laws of the State of Queensland, Australia, and each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the State or Federal court of Queensland, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Queensland, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party or appeal thereto.
    • Injunctive Relief; Enforcement. Notwithstanding the provisions of Clause 1 (Informal Resolution) and Clause 17.2 (Governing Law; Jurisdiction), nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

18. The use of Artificial Intelligence
    • Shortcuts Aire may utilise materials generated either directly or indirectly through the use of AI (AI-Generated Materials). The parties acknowledge the ever-changing nature of regulation around AI and agree that we cannot guarantee ownership or adequately licenced rights over the intellectual property rights pertaining to AI-Generated Materials.
    • You acknowledge that we may perform AI Training on Your Information, AI-Generated Materials from Shortcuts Aire, and other Feedback. You may opt-out of AI Training by giving notice to us, in which case we will not involve any of Your Data in our AI Training processes, but this may mean we have to terminate these Terms.
    • In the event of any liability arising from our use of AI, AI Training, or AI-Generated Materials, (including if we procure the use of third-party AI) your sole and exclusive remedy, where reasonably possible and commercially practicable: (1) in the case of goods will be the cost of providing you with a comparable replacement of the goods without the AI functionality; and (2) in the case of services: will be to render the services again without the use of AI.
    • This clause 18 will take precedence over anything else contained in these Terms.

19. Miscellaneous
    • Export Restrictions.Shortcuts Aire and related services may be subject to export laws and regulations. Each Party represents that it is not named on any United States (US), European Union (EU), United Nations (UN), or Australian (AU) government-issued denied-party list. The Customer must not permit access or use of Shortcuts Aire in an US-embargoed country, EU-embargoed country, or UN-embargoed country, AU-embargoed country, or in violation of any other applicable embargo, export law, or regulation.
    • Changes to these Terms. We may modify the terms and conditions of these Terms (including Shortcuts’ Policies) from time to time, with notice to you in accordance with Clause 5 (Notices) or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications. Except as otherwise indicated below, modifications to these Terms will take effect at the next renewal of your Subscription Term and will automatically apply as of the renewal date unless you elect not to renew pursuant to Clause 6.1 (Renewals). Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) we may specify that such modifications become effective during your then-current Subscription Term. If the effective date of such modifications is during your then-current Subscription Term and you object to the modifications, then (as your exclusive remedy) you may terminate your subscription from the end of the Subscription Term. To exercise this right, you must provide us with notice of your objection and termination within 10 days of us providing notice of the modifications.
    • Shortcuts’ Policies. We may modify Shortcuts’ Policies to take effect during your then-current Subscription Term in order to respond to changes in our products, our business, or Laws. In this case, unless required by Laws, we agree not to make modifications to Shortcuts’ Policies that, considered as a whole, would substantially diminish our obligations during your then-current Subscription Term. Modifications to Shortcuts’ Policies will take effect automatically as of the effective date specified for the updated policies.
    • Changes to Shortcuts Aire. You acknowledge that Shortcuts Aire is an on-line, subscription-based product, and that in order to provide improved customer experience we may make changes to Shortcuts Aire. Subject to our obligation to provide Shortcuts under existing Subscription Plan, we can discontinue any Shortcuts Aire or any portion or feature of any Shortcuts Aire for any reason at any time without liability to you.
    • Notices. Any notice under these Terms must be given in writing. We may provide notice to you through the email address you’ve provided on registration, your account or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. You will provide notice to us by post to Shortcuts Software Australia Pty Ltd at the address on our website or au@jonassoftware.com.au Attn: General Counsel. Your notices to us will be deemed given upon receipt.
    • Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
    • Assignment. Neither party can assign or transfer these Terms without our prior written consent which will not be unreasonably withheld.
    • Entire Agreement. These Terms are the entire agreement between you and us relating to Shortcuts Aire and any other subject matter covered by these Terms and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to Shortcuts Aire or any other subject matter covered by these Terms.
    • Conflicts. In event of any conflict between the main body of these Terms, your Order and Shortcuts’ Policies, Shortcuts’ Policies will control with respect to their subject matter.
    • Waivers; Modifications. No failure or delay by the injured party to these Terms in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Except as set forth in Clause 2 (Changes to these Terms), any amendments or modifications to these Terms must be executed in writing by an authorised representative of each party.
    • Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.
    • Independent Contractors. The parties are independent contractors. These Terms will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.

Affiliate means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.

AI means generative artificial intelligence processes, including machine learning, processes involving neural networks and/or deep-learning, and other statistical processes designed to generate new content.

AI Training means processes designed to improve upon the effectiveness or quality of AI outputs using AI-generated materials, user input, human-based feedback, and other systems of governance, and includes reinforcement learning, training, finetuning, and other approaches to optimising AI learning rates.

Billing Cycle means the same date each month after the Effective Date (i.e if you sign up on the 4^th of the month, your billing cycle will end on the 4^th of each month).

End User means any individual or third party that you or an Affiliate permits or invites to use Shortcuts Aire.

Feedback means comments, questions, ideas, suggestions or other feedback relating to Shortcuts Aire or Support.

Laws means all applicable local, state, federal and international laws, regulations and conventions.

Shortcuts Aire means our hosted or cloud-based salon management solution (either via a desktop, or mobile application).

Shortcuts’ Policies means our, Privacy Policy (see links above), Support Policy, the Acceptable Use Policy and any other policies or terms referenced in these Terms or on our website.

Sensitive Personal Information refers to any data that meets the criteria of sensitive information as outlined in applicable laws and regulations.

SMS Costs means the costs for SMS as agreed when you register for Shortcuts Aire or as notified to you in accordance with clause 19.2.

Subscription Plan means the plan you agreed when you register for Shortcuts Aire.

Subscription Term means your monthly subscription period for Shortcuts Aire.

Support means support for Shortcuts Aire, as further described in the Support Policy.

Terms means these terms, any Documentation, Additional Terms and the Shortcuts’ Policies.

Your Information means any branding content (including registered or unregistered logos or marks), data, content, personal information, code, video, images or other materials of any type that you (including any of your End Users) submit to Shortcuts Aire. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Information to or through Shortcuts Aire. This will include the use of your customer information so it is important that you obtain their consent to give it to us.