Terms of Service
Last Updated: January 2026
Please read these terms carefully before using our platform. By using Achivly, you agree to be bound by these terms.
1. Definitions
In these Terms of Service, the following definitions apply:
- •"Service" means the Achivly cloud-based platform, including all features, applications, APIs, and related services.
- •"User," "you," or "your" refers to any individual or entity that creates an account, accesses, or uses the Service.
- •"User Content" means any data, text, files, information, or materials you upload, submit, or transmit through the Service.
- •"Subscription" means a paid plan that grants access to premium features and services.
- •"Tenant" or "Workspace" means an isolated business account within the Service that may contain multiple users.
2. Acceptance of Terms
By creating an account, accessing, or using the Achivly platform ("Service"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity. If you do not agree to these Terms, you must immediately discontinue use of the Service.
3. Eligibility
You must be at least 18 years of age and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. The Service is intended for business use only; you may not use it for personal, family, or household purposes.
4. Service Description
Achivly provides a comprehensive cloud-based SaaS platform for appointment scheduling, customer relationship management, staff management, inventory tracking, billing, and business analytics. We reserve the right to modify, enhance, suspend, or discontinue any part of the Service at any time. Service availability, features, and functionality may vary by subscription plan and geographic location.
5. User Accounts and Security
To access the Service, you must create an account and provide accurate, current, and complete information. You are solely responsible for:
- •Maintaining accurate and up-to-date account information, including valid contact and billing information
- •Safeguarding your account credentials, including passwords and API keys, and preventing unauthorized access
- •All activities conducted under your account, including actions by employees, contractors, or third parties you authorize
- •Immediately notifying us at support@achivly.com of any security breach, unauthorized access, or suspicious activity
- •Ensuring all users within your Tenant comply with these Terms and applicable laws
6. Acceptable Use Policy
You agree to use the Service only for lawful business purposes in accordance with these Terms. The following activities are strictly prohibited:
- •Engaging in any illegal activities, fraud, money laundering, or violation of local, state, national, or international laws
- •Harassing, threatening, defaming, discriminating against, or causing harm to other users, their customers, or third parties
- •Sending spam, unsolicited bulk communications, phishing messages, or deceptive marketing materials
- •Attempting to breach, bypass, probe, or test the vulnerability of security features, or circumventing authentication mechanisms
- •Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Service
- •Infringing intellectual property rights, including copyrights, trademarks, patents, or trade secrets
- •Reselling, sublicensing, or sharing access to the Service without written authorization
- •Interfering with or disrupting the integrity or performance of the Service or related systems
7. Intellectual Property Rights
The Service, including all software, algorithms, designs, graphics, logos, trademarks, and documentation, is owned by Achivly and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your subscription term. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without prior written consent.
8. Data Rights and License
You retain all ownership rights to your User Content. By using the Service, you grant Achivly a worldwide, royalty-free, non-exclusive license to use, process, store, transmit, and display your User Content solely to: (a) provide and maintain the Service, (b) improve and enhance service functionality, (c) ensure system security and prevent abuse, and (d) comply with legal obligations. We may create aggregated, anonymized, or de-identified data from your User Content for analytics, benchmarking, and service improvement purposes. You represent and warrant that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.
9. Fees, Billing, and Renewals
Access to premium features requires a valid paid subscription. All fees are quoted and payable in the currency specified at checkout (USD or AUD). Fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy. Subscriptions automatically renew at the then-current rate unless cancelled at least 24 hours before the renewal date. You authorize us to charge your designated payment method for all fees. Price changes will be communicated at least 30 days in advance and take effect at the next renewal period. Failure to pay fees may result in service suspension, downgrade to free tier, or account termination. You remain liable for all outstanding fees, including collection costs.
10. Termination
Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting support. We may immediately suspend or terminate your account without notice if you: (a) violate these Terms, (b) engage in fraudulent or illegal activity, (c) fail to pay fees when due, or (d) pose a security risk to the Service. Upon termination: your access ceases immediately, you must discontinue all use, we will retain your data for 30 days to allow data export, after which it may be permanently deleted, and all accrued fees remain payable. Sections 7, 8, 11, 12, 13, 14, and 15 survive termination.
11. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components. We do not guarantee that the Service will meet your specific requirements or expectations. Your use of the Service is at your sole risk.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Achivly and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of the Service, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the greater of: (a) the amounts paid by you to Achivly in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100 USD). These limitations apply regardless of the theory of liability.
13. Indemnification
You agree to indemnify, defend, and hold harmless Achivly and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, (d) your violation of any third-party rights, including intellectual property or privacy rights, or (e) any dispute between you and your customers or end users.
14. General Provisions
These Terms constitute the entire agreement between you and Achivly regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Headings are for convenience only and do not affect interpretation.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), conducted in Sydney, Australia. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction.
16. Contact Information
For questions about these Terms of Service, please contact us at: support@achivly.com. For general support inquiries: support@achivly.com. Achivly Pty Ltd, Sydney, NSW, Australia.