Last updated: 23 July 2026
These Terms & Conditions ("Terms") are a binding legal agreement between you and [Faraday legal entity name] (ACN [insert ACN]) trading as "Faraday" ("Faraday", "we", "us", "our"). They govern your access to and use of the Faraday platform, websites, applications, application programming interfaces and related services (together, the "Platform").
By creating an account, accepting an invitation to an organisation, clicking "I agree", or otherwise accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
If you accept these Terms on behalf of a company or other organisation, you represent and warrant that you are authorised to bind that organisation, and "you" and "your" refer to that organisation.
"AI Features" means any feature of the Platform that uses artificial intelligence, machine learning or large language models to extract, summarise, draft, suggest, classify or otherwise generate content.
"Australian Consumer Law" or "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory legislation.
"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential.
"Organisation" means an organisation workspace created within the Platform, together with its members, data and settings.
"R&D Tax Incentive" means the research and development tax incentive administered by the Department of Industry, Science and Resources (including AusIndustry) and the Australian Taxation Office ("ATO"), or any successor programme.
"Your Data" means all data, documents, records, figures, files and other content that you or your Users submit to, upload to, or generate within the Platform.
"User" means any individual who accesses the Platform under your account or Organisation, including administrators, employees and advisors you invite.
2.1 Purpose. The Platform is a software tool that helps businesses record and organise research and development activities, employee time, costs and related information, and assemble supporting documentation to help prepare an R&D Tax Incentive claim.
2.2 Not a substitute for professional advice. The Platform, its content and any output it produces (including AI-generated output) are provided for general information and record-keeping purposes only. They do not constitute, and must not be relied on as, tax, accounting, financial, legal or other professional advice. Faraday is not your tax agent, accountant, financial adviser or legal adviser, and using the Platform does not create any such relationship.
2.3 No lodgement on your behalf. Faraday does not register activities, lodge, submit or file any claim, return or application with AusIndustry, the ATO or any other authority on your behalf. You are solely responsible for any registration, lodgement, claim or filing you make.
2.4 No guarantee of outcome. Faraday does not guarantee, represent or warrant that any activity, expenditure or claim is eligible for the R&D Tax Incentive, or that any claim will be registered, accepted, allowed, retained on review, or free from audit, amendment, penalty or rejection by AusIndustry, the ATO or any other authority. Eligibility and outcomes depend on your circumstances, the accuracy and completeness of the information you provide, and the exercise of judgement and law that is outside Faraday's control.
2.5 You are responsible for your claim. You acknowledge and agree that you are solely responsible for determining the eligibility of your activities and expenditure, for the accuracy and completeness of everything you record in the Platform, and for the content of anything you register, lodge, claim or represent to any authority or third party. You should obtain independent professional advice before making any decision in connection with the R&D Tax Incentive.
3.1 Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Platform.
3.2 Registration. You agree to provide accurate, current and complete information when creating an account or Organisation and to keep that information up to date.
3.3 Account security. You are responsible for safeguarding your login credentials and for enabling appropriate security measures (including two-factor authentication where offered). You are responsible for all activity that occurs under your account or Organisation, whether or not authorised by you. You must notify us promptly at the contact address in clause 24 if you suspect any unauthorised access or security breach.
3.4 Users, invitations and roles. You may invite Users (including employees and external advisors) to your Organisation and assign them roles that determine their access. You are responsible for: (a) the acts and omissions of your Users as if they were your own; (b) ensuring each User is authorised to access the data made available to them; and (c) promptly removing access for Users who should no longer have it. You must ensure that each User agrees to comply with these Terms.
4.1 General. You must use the Platform only for its intended purpose and in accordance with these Terms and all applicable laws.
4.2 Prohibited conduct. You must not, and must not permit any User or third party to:
(a) access, attempt to access, or interfere with any data, Organisation or account that you are not authorised to access;
(b) use the Platform to submit, store or transmit any material that is unlawful, fraudulent, defamatory, infringing, malicious or misleading, or that you are not entitled to submit;
(c) submit false, fabricated, inflated or misleading information in connection with any R&D Tax Incentive claim or other filing, or use the Platform to facilitate any tax evasion, fraud or other unlawful scheme;
(d) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Platform, or attempt to derive its source code, except to the extent this restriction is prohibited by law;
(e) resell, sublicense, rent, lease, distribute or otherwise make the Platform available to any third party except as expressly permitted;
(f) introduce any virus, malware, or harmful code, or probe, scan, or test the vulnerability of, or breach or circumvent, any security or authentication measure of the Platform;
(g) use any automated means (including scraping, crawling or bots) to access the Platform or extract data, or place an unreasonable load on the Platform's infrastructure; or
(h) use the Platform in any way that could damage, disable, overburden or impair it, or interfere with any other party's use of it.
4.3 Suspension for misuse. We may investigate suspected breaches of this clause 4 and may suspend or restrict access immediately where we reasonably consider it necessary to protect the Platform, other users, or any person.
5.1 Ownership. As between you and Faraday, you own all right, title and interest in Your Data. These Terms do not transfer ownership of Your Data to us.
5.2 Licence to us. You grant Faraday a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, display and otherwise use Your Data to the extent necessary to provide, maintain, secure, support and improve the Platform, and to comply with our legal obligations. This includes processing Your Data through the third-party service providers described in clause 8.
5.3 Your responsibility for Your Data. You represent and warrant that: (a) you have all rights, consents and authority necessary to submit Your Data and to grant the licence in clause 5.2; (b) Your Data, and our use of it in accordance with these Terms, does not infringe the rights of any person or breach any law; and (c) Your Data is accurate and complete to the best of your knowledge. Faraday is not responsible for verifying, and does not verify, the accuracy, completeness or lawfulness of Your Data.
5.4 Backups and retention. While we take reasonable measures to protect and back up data, you are responsible for maintaining your own independent copies of Your Data. We may retain Your Data for as long as your account is active and for a reasonable period afterwards, and may delete it after termination in accordance with clause 15.
6.1 Assistive only. AI Features are provided to assist you and are experimental in nature. Output produced by AI Features may be incomplete, inaccurate, outdated or unsuitable for your circumstances, and may not reflect current law or your actual facts.
6.2 Human review required. You must independently review, verify and, where appropriate, obtain professional advice on any AI-generated output before relying on it or using it in any registration, lodgement, claim, filing or decision. You remain solely responsible for anything you accept, edit, submit or rely on, whether or not it originated from an AI Feature.
6.3 No reliance. To the maximum extent permitted by law, Faraday is not liable for any loss arising from your reliance on, or use of, AI-generated output. AI Features may be subject to usage limits, and we may modify, limit or discontinue them at any time.
7.1 Our property. The Platform, and all software, designs, text, graphics, logos, trade marks, know-how and other materials it comprises (excluding Your Data), are owned by or licensed to Faraday and are protected by intellectual property laws. Except for the limited right to use the Platform under these Terms, no rights are granted to you.
7.2 Feedback. If you provide us with suggestions, ideas or feedback about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.
The Platform relies on third-party service providers, which may include cloud hosting and database providers, payment processors, email delivery providers and AI model providers. Your use of the Platform may be subject to those providers' terms, and their services are outside our control. We are not responsible for the acts, omissions, availability or performance of any third-party service, and any links or integrations are provided for convenience only.
9.1 Plans and fees. Access to some features requires a paid subscription. Fees, billing frequency, seat quantities and plan inclusions are as described at the point of purchase or in your account, and may be based on the number of Users or seats in your Organisation.
9.2 Billing. Paid plans are billed in advance on a recurring basis through our payment processor. You authorise us and our payment processor to charge your nominated payment method for all applicable fees, taxes and charges. Fees are stated in Australian dollars and are exclusive of GST unless stated otherwise; where GST applies, you must pay it in addition.
9.3 Trials, changes and taxes. We may offer free trials or promotional pricing on terms notified at the time. We may change our fees on reasonable prior notice; changes take effect from your next billing period. You are responsible for all taxes associated with your use of the Platform other than taxes on our income.
9.4 Cancellation. You may cancel your subscription at any time from your Organisation settings. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
9.5 No refunds. Except where required by the Australian Consumer Law or other law that cannot be excluded, fees already paid are non-refundable and there are no refunds or credits for partial periods, unused features, or downgrades.
9.6 Overdue amounts and billing lock. If any amount is overdue or a payment fails, we may suspend, restrict or place your Organisation into a read-only or billing-locked state until the amount is paid.
10.1 By you. You may stop using the Platform and close your account or Organisation at any time from your settings, subject to clause 9.
10.2 By us. We may suspend, restrict or terminate your access to all or part of the Platform, with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect misuse, fraud, or a security or legal risk; (c) required by law or by a third-party provider; or (d) your account fees are overdue.
10.3 Effect of termination. On termination or expiry: (a) your right to access the Platform ceases; (b) any fees accrued up to termination remain payable; and (c) clauses that by their nature should survive (including clauses 2, 5, 6, 7, 11, 12, 13, 14, 15 and 18 to 25) survive termination.
11.1 Non-excludable rights. Certain rights, guarantees and remedies conferred on you by the Australian Consumer Law and other laws cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies any such right, guarantee or remedy that applies to you and cannot lawfully be excluded, restricted or modified (a "Non-excludable Guarantee").
11.2 Limitation to the extent permitted. To the extent that the Platform is supplied to you as a "consumer" within the meaning of the Australian Consumer Law, and where we are entitled to do so, our liability for a failure to comply with a Non-excludable Guarantee (other than a guarantee that by law cannot be so limited) is limited, at our option, to: (a) the re-supply of the relevant services; or (b) the payment of the cost of having the relevant services re-supplied.
12.1 "As is". To the maximum extent permitted by law and subject to clause 11, the Platform is provided "as is" and "as available", and we make no representations or warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties or guarantees of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
12.2 Availability. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from data loss, or that defects will be corrected. We may perform maintenance, and may modify, suspend or discontinue features, at any time.
12.3 No warranty as to outcomes. Without limiting clause 2, we make no warranty or representation about the eligibility, correctness, completeness or outcome of any R&D Tax Incentive claim or other filing prepared with the assistance of the Platform, or about the accuracy of any output, calculation, estimate or AI-generated content.
13.1 This clause is subject to clause 11. Nothing in this clause limits any liability that cannot be limited or excluded under applicable law.
13.2 Excluded loss. To the maximum extent permitted by law, Faraday, its officers, employees, contractors and related bodies corporate will not be liable to you or any other person for any:
(a) indirect, incidental, special, consequential, exemplary or punitive loss or damage;
(b) loss of profits, revenue, savings, business, goodwill, opportunity, or anticipated benefit; or
(c) loss, corruption or unauthorised access to data,
however arising (including in contract, tort (including negligence), statute or otherwise), even if the loss was foreseeable or we were advised of its possibility.
13.3 R&D and reliance losses. To the maximum extent permitted by law, Faraday is not liable for any loss, liability, penalty, interest, shortfall, cost or damage arising directly or indirectly from: (a) the preparation, content, accuracy, registration, lodgement, assessment, audit, review, amendment, delay, rejection, clawback or outcome of any R&D Tax Incentive claim or other filing; (b) any reliance on, or use of, output of the Platform (including AI-generated output, calculations or estimates); (c) Your Data or any information you or your Users provide; (d) any decision, assessment or determination of AusIndustry, the ATO, or any adviser or third party; or (e) any tax, financial, accounting or legal position you adopt.
13.4 Liability cap. To the maximum extent permitted by law, and subject to clause 11, Faraday's total aggregate liability to you arising out of or in connection with these Terms or the Platform (however arising, including in contract, tort (including negligence) or under statute) is limited to the total fees actually paid by you to Faraday for the Platform in the twelve (12) months immediately preceding the first event giving rise to the liability, or, if no fees were paid, one hundred Australian dollars (AUD $100).
13.5 Your responsibility. You acknowledge that the fees payable for the Platform reflect the allocation of risk in these Terms, and that these limitations and exclusions are reasonable in the circumstances.
To the maximum extent permitted by law, you indemnify and will keep indemnified Faraday, its officers, employees, contractors and related bodies corporate ("Indemnified Parties") from and against all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by any Indemnified Party arising out of or in connection with: (a) your or your Users' access to or use of the Platform; (b) Your Data and any content you or your Users submit; (c) any registration, lodgement, claim, return, filing or representation you prepare, make or rely on (including any R&D Tax Incentive claim), and any audit, penalty, interest, shortfall or clawback in connection with it; (d) your or your Users' breach of these Terms or of any law; (e) your or your Users' negligence, wilful misconduct or fraud; or (f) any claim by a third party (including any User, employee, adviser or authority) arising from any of the above. This indemnity survives termination and is not limited by clause 13.
Following termination or closure of your account, we may retain, archive, anonymise or delete Your Data in accordance with our data retention practices and legal obligations. You are responsible for exporting or obtaining any copies of Your Data you require before termination. We are not liable for any loss arising from deletion of Your Data after termination in accordance with these Terms.
Each party must keep the other's Confidential Information confidential and use it only as necessary to exercise its rights or perform its obligations under these Terms, except where disclosure is required by law or to professional advisers under a duty of confidence. This clause does not apply to information that is or becomes public through no fault of the receiving party.
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using the Platform, you consent to our collection, use and disclosure of personal information as described in that policy. You must ensure that you are entitled to provide any personal information you submit about your Users or other individuals, and that those individuals have been made aware of how their information will be handled.
We are not liable for any failure or delay in performing our obligations caused by any event beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, industrial action, failure of telecommunications or internet services, power failures, or the acts or omissions of third-party service providers.
We may amend these Terms from time to time. Where a change is material, we will take reasonable steps to notify you, which may include requiring you to accept the updated Terms before continuing to use the Platform. Your continued use of the Platform after an update takes effect constitutes acceptance of the amended Terms. If you do not agree to an update, you must stop using the Platform.
We may add, change, suspend or remove features of the Platform at any time. We will use reasonable efforts to avoid material reductions in core functionality of paid plans during a paid period, but otherwise the Platform may evolve over time.
We may give you notices via the Platform, or by email to the address associated with your account. You may give us notice using the contact details in clause 24. Notices are taken to be received when sent, unless the sender knows or reasonably should know that delivery failed.
You must not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms to a related body corporate or in connection with a merger, acquisition or sale of assets, on notice to you.
23.1 Governing law and jurisdiction. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and Faraday submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them.
23.2 Dispute resolution. Before commencing any proceedings (except for urgent injunctive relief), a party must first notify the other in writing of the dispute, and the parties must attempt in good faith to resolve it, including through discussions between senior representatives, for at least twenty (20) business days.
23.3 Entire agreement. These Terms (together with any plan-specific terms, our Privacy Policy and any order you place) constitute the entire agreement between you and Faraday about the Platform and supersede all prior representations, understandings and agreements. You have not relied on any representation not expressly set out in these Terms.
23.4 Severability. If any provision of these Terms is held invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force.
23.5 Waiver. A failure or delay by us in exercising any right does not operate as a waiver of that right, and no waiver is effective unless in writing.
23.6 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship between the parties.
23.7 No third-party beneficiaries. Except for the Indemnified Parties in clause 14, these Terms do not confer any benefit on any person who is not a party.
Questions about these Terms can be directed to Faraday at support@faradayrnd.com.