MYBOS Terms and Conditions for Software Use

1. Terms and Conditions

These Terms of Service define the terms by which you may use the mybos.com and mybos.com.au website (including their various subdomains) (“Website”) and related software service including the MYBOS Building Management and Resident Portals, MYBOS BM and MYBOS Resident mobile applications under all branding (the “Service”), and are an agreement between you and MYBOS Pty Limited (ACN 22 160 346 654) (the Company, Website and Service are collectively referenced as “we” or “us”). By using this Website and Service, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. If you do not agree to these Terms of Service, you should not use this Website and/or Service.

2. Our Service

MYBOS Pty Ltd provides an integrated building and facilities management service (the “Service”) that enables users to manage their properties. The Service is made available through the MYBOS online platform, including any associated mobile applications and portals, and is intended for use by authorised personnel such as Building/Facility Managers, Property Managers, and Strata Management professionals within an organisation, as well as residents where applicable.

By subscribing to the Service, you gain access to tools and features designed to assist with the management, coordination, and communication of daily building and facility operations. Access to the Service is granted on a per-organisation basis, with the initial subscriber assuming the role of System Administrator. The System Administrator may create and manage accounts for other authorised users within the organisation.

The Service is subject to usage restrictions outlined in these Terms of Service and must be used solely for lawful and professional purposes. MYBOS reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, as necessary for maintenance or in compliance with applicable laws.

Your use of the Service is at your own risk, and you acknowledge that MYBOS does not warrant the uninterrupted availability or error-free operation of the Service. MYBOS disclaims all liability for any losses or damages resulting from the use or unavailability of the Service, except as otherwise expressly provided by law.

3. Registration

You do not have to register to visit our Website. In order to access our Service, however, an administrative user will initially need to create an account and provide login details. When you register, you will be asked to provide personal information as outlined in our Privacy Policy. Please read our Privacy Policy for details about how we collect, use and store your private information.

When you register, you will be provided a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. MYBOS provides 2FA and SSO solutions for the Building Management Portal and Application as an additional security layer and recommends that one of these is activated for all users.

All information provided by you in your registration must be truthful and complete. We may suspend your registration with notice if we have any reason to believe that you have provided us with false information. Only adults, who are at least eighteen (18) years of age, are eligible to register and use our Website and Service. In addition, you must be fully competent to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By registering and using our Website and Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.

4. Subscription Terms

4.1 Access

We grant access to use our System on per-organisation basis. The initial Client account created for an organisation becomes a “System Administrator” account, with the ability to create building manager accounts within your organisation.

4.2 Restrictions

You may not share, sell, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display our Services. The Services and the underlying software platform (the “Software” contain our trade secrets and in order to protect those trade secrets, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy or create derivative works of the Software in whole or in part, nor to permit any third party to do so.

4.3 Cancellation

You may cancel your subscription at any time after the term contract has expired by contacting us via email or phone.

4.4 Data Ownership

MYBOS does not own or control any data, information, or material that the Client or its users submit, store, or process through the SaaS platform. The Client retains full ownership and responsibility for the accuracy, legality, reliability, and integrity of such data. MYBOS shall not be held liable for any loss, damage, or unauthorised access to the Client’s data, nor for any consequences arising from the Client’s use of the platform, including but not limited to breaches of data protection laws or third-party claims related to the data. The Client is solely responsible for ensuring compliance with all applicable data privacy and security laws.

The Client, for the purposes of this agreement, is defined as the entity named on the invoice for the service. Any payment for the service made by entities other than the entity listed on the invoice does not confer ownership of the data to the paying entity. Data ownership and responsibility remain solely with the Client as defined, regardless of the source of payment for the service.

4.5 Data transfer

MYBOS will only transfer ownership of data between entities upon receiving explicit written consent from the original account owner. No transfer of data ownership will be made without such consent, and the requesting party must provide verifiable documentation authorising the transfer. The original account owner retains full control and responsibility for the data until a valid transfer is completed.

4.6 Subscription Price

MYBOS will have an annual price increase of up to 6.25%.  Along with the increasing cost of doing business, the increase ensure that we can continue to develop the MYBOS software, add additional functionality and improve our offering.

As always, we are committed to providing you with quality products and services and appreciate your continued support and business.

5. Scope of Services

5.1 Support Services

The support provided by MYBOS Pty Ltd (the “Company”) is limited exclusively to the functionality and operation of the MYBOS software platform (the “Service”). The Company does not offer support for third-party software, services, or systems, nor does it assume any responsibility for troubleshooting or resolving issues related to third-party applications, hardware, or infrastructure that are integrated or used in conjunction with the Service. Any inquiries or issues related to third-party services must be directed to the appropriate vendor or service provider.

Furthermore, the support agreement is solely between MYBOS Pty Ltd and the Client and does not extend to the client’s customers, tenants, or any other third-party users who may access or interact with the Service via the client’s implementation. The Client is solely responsible for providing support to its own customers and any third parties using the Service under their account.

5.2 Support Hours:

Support hours are Monday to Friday 9am to 5pm AEST/AEDT and operate to Australian NSW Public Holidays.

5.3 Onboarding Services

As part of the customer onboarding process, MYBOS Pty Ltd will assist in setting up access to the Software and provide guidance on its use. However, the onboarding services are subject to the following limitations:

5.3.1 Data Processing:

The Company will assist in the upload or migration of customer data into the Software, but only up to a defined limit, which will be outlined in the onboarding agreement. The Company does not assume responsibility for excessive data transfer, custom data manipulation, or any additional data processing outside of this pre-defined limit.

5.3.2 Third-Party Systems:

MYBOS Pty Ltd does not directly access third-party software, services, or systems to retrieve, transfer, or migrate customer data into the Software. It is the customer’s sole responsibility to extract and provide the necessary data in a format that can be processed by MYBOS, in compliance with all applicable privacy and data protection laws.

6. Operation of our Website and Service

We make commercially reasonable efforts to maintain our Website and Service and to keep them operating on a 24-hour, 7 day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue(s).

If you become aware of an error, bug, or other technical problem, then you should notify us immediately and provide us with the following information:

1. Description of the Incident – The specific sequence of events which generated the incident and a full description.
2. Description of Error Message – The exact wording of any error messages, if applicable.
3. Description of Discovery of Incident – Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website or Service will be uninterrupted or that the Website and Service will be available at all times. We disclaim any liability or responsibility for any delay, interruption, or downtime. We make commercially reasonable efforts to ensure that our Website and Service are protected from viruses, malware and other destructive software, but we cannot guarantee that either will at all times be free from viruses. We urge you to use reasonable care in downloading information. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website and Service or as a result of downloading from the Website and Service.

7. Acceptable Use Policy

Our website and Service should only be used for lawful purposes. We specifically prohibit any other use of the Website and Service, including but not limited to the following:

1. Posting or submitting to the Website and Service any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity.
2. Disclosing or sharing your password with any third party or allowing such third-party access to the password-protected features of the Service.
3. Sending unsolicited emails or other communications through our Service to third parties.
4. Posting content or initiating communications that are unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable.
5. Using the Website or Service for any illegal purpose.
6. Uploading or sending infringing content through the Service.
7. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or our software platform’s infrastructure, servers, data or network or those of any third party via our Service.
8. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or Service other than generally available third-party browsers (including but not limited to Microsoft Edge, Firefox, Safari, and Google Chrome)
9. Uploading any content that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or Service or of any computer software, hardware, or telecommunications equipment.
10. Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website or Service.
11. Using any means of automatically searching or mining data from the Website or Service, or in any way attempting to interfere with the proper working of the Website or Service.
12. Attempting to scrape or access the Service through automated means other than an official API that we provide you.

We reserve the right to suspend or cancel the account of any user who does not appropriately use the Website or Service. If you become aware of any inappropriate use of our Website or Service, please notify us by email at info@mybos.com.

8. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others. Materials contained on the Website are protected under copyright and other laws of Australia and under international conventions and similar laws abroad. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, which is in any way relevant to this Website or Service, then please notify us immediately, providing the following information:

1. The name of the owner of the intellectual property and a signature of the person authorised to act on behalf of the intellectual property interest, which is alleged to be infringed.
2. A description of the intellectual property right that you claim has been infringed.
3. A description of where the allegedly infringing item is located on the Website or Service.
4. Your address, telephone number, and email address.
5. A statement by you confirming that you are the intellectual property owner or are authorised to act on the intellectual property owner’s behalf, made under penalty of perjury.

Please contact us with matters relating to Intellectual Property Infringement Complaints by email at support@mybos.com

9. Privacy

Please read our Privacy Policy for a detailed explanation on how we collect, use, store and share your information.

10. Third Parties

Your dealings with any third party with whom you connect or do business through our Service are solely between you and such third party. Our Service provides the tools by which you can communicate effectively and professionally with such third parties, but we are not a party to any agreement that you enter into with a third party through our Service, nor are we in any way involved with such third-party relationships.

You are solely responsible or liable for exercising common sense and reasonable caution in any dealing with any third-party business, individual, or platform with whom you are connected through this Service. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of your interactions with such third parties. You assume the sole risk of loss and liability for your interaction with any third party.  In the event that you ever have a complaint against such a third party, you should contact such third party directly regarding your issues.

11. Feedback; Idea Submissions

We are pleased to hear from you and welcome your feedback about our Website and Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Services at our sole discretion without any obligation to you.

In the event that you submit any ideas to us about the Website or our Service, you grant us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.  Feedback should be provided to support@mybos.com

12. Governing Law; Dispute Resolution

The Website and our Service are controlled by MYBOS Pty Limited (ACN 160 346 654) in Australia. These Terms of Service and any agreements with MYBOS Pty Limited shall be governed and construed in accordance with the laws of Australia. All disputes arising under this Agreement will be heard in NSW and resolved in accordance with Australian law.

13. Contacting Us

In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Services, please contact us at:

MYBOS Pty Limited

Address: Suite 1.01 Level 1, 6 Parkview Drive Sydney Olympic, Park New South Wales 2127

Phone: 02 8378 1096

Email:  sales@mybos.com