Terms & Conditions

Agreement to these terms

These Terms apply to all visitors, customers and users (you, your). By using the Website, submitting an enquiry, entering into an engagement, or downloading, activating, accessing or using any Product, you confirm that you have read, understood and accepted these Terms and any documents referred to in them.

Where we provide you with a separate written proposal, statement of work, order form or master services agreement (a Service Agreement), that Service Agreement applies together with these Terms. If there is any inconsistency, the Service Agreement prevails to the extent of the inconsistency.

If you are entering into these Terms on behalf of a company or other organisation, you warrant that you have authority to bind that organisation, and references to "you" include that organisation.

Definitions

• We, us, our means My IT and Apps (ABN 82 659 633 888) and its related entities.
• Website means myitandapps.com.au and any associated pages, sub-domains and product pages.
• Services means the consulting, implementation, integration, data migration, support and related technology services we provide.
• Products means all software products, applications and services we make available now or in the future, in any form, including installable software, plugins, Microsoft Dataverse and Dynamics 365 solutions, desktop and server applications, browser-based applications, APIs, hosted services, connectors, tools and their documentation and updates. This includes, without limitation, the Cordex family of products. Our current Products are listed on the Cordex page.
• Product Terms means any additional terms, licence conditions or plan descriptions we publish for a specific Product (for example on its product page or a product-specific terms page). Product Terms apply in addition to these Terms and prevail over them for matters specific to that Product.
• Plan means the edition, tier, plan or package of a Product you select (for example a free, trial, single-user, team, practice, enterprise or usage-based plan), with the entitlements, limits and prices published for it at the time of purchase.
• Subscription means a paid or trial licence or right to use a Product under a Plan for a defined term.
• Your Content means any data, records, form submissions, credentials or materials you provide, upload or process through our Services or Products.

About us

The Website and Services are operated by My IT and Apps, a Microsoft Power Platform, Dynamics 365 CE, integration and data migration specialist based in Australia.

Our services

We provide business consulting and information-technology services, which may include Microsoft Power Platform and Dynamics 365 CE implementation, system integration, data migration, Azure services, and ongoing support.

The specific scope, deliverables, fees, timeframes and assumptions for any engagement are set out in the applicable Service Agreement. Estimates and timeframes are given in good faith but are not guarantees unless expressly stated as fixed.

You are responsible for providing accurate information, timely access, appropriate licences for your own Microsoft and third-party environments, and reasonable cooperation. Delays or inaccuracies on your part may affect delivery and cost.

Software products & licences

Our Products are licensed, not sold. Subject to your payment of any applicable fees and your compliance with these Terms and any Product Terms, we grant you a non-exclusive, non-transferable, revocable licence to install, access and use the Product for your own internal business purposes, within the entitlements of your Plan.

• Entitlements: the users, seats, patients, sites, environments, servers, connections, API calls, rate limits or other measures included in your Plan are those published on the relevant product page or in the Product Terms at the time of your purchase.
• Free plans and trials: free plans and trials are provided for evaluation or limited use, may carry reduced limits or no support, and may be changed or withdrawn. At the end of a trial, continued use requires a paid Subscription.
• Deployment: depending on the Product, it may run on your own devices, servers or website, inside your own Microsoft environment, or as a service we host. You are responsible for the environments you run Products in, including their security, backups and third-party licences.
• Licence keys and activation: licence keys, tokens and activations are issued for your use only, must be kept secure, and may be verified, limited or revoked in line with your Plan and these Terms.

You must not exceed your Plan's entitlements, sub-license, resell, rent, or make a Product available to third parties except as expressly permitted. Where a Product has its own Product Terms (the Cordex-Forms, Cordex-Map, Cordex-Insights, Cordex-Atlas, Cordex-Terminology, Cordex-Reference, Cordex-Rules and Cordex AI Gateway terms), those Product Terms prevail for matters specific to that Product. Where a Product has its own End User Licence Agreement (Forms, Map, Insights, Atlas, Terminology, Rules, AI Gateway), it prevails for licensing and use of that Product.

Where a Product has no Product Terms or End User Licence Agreement of its own, or has them only in part, these Terms apply to it in full, together with the plan, price and entitlements shown on its product page or at checkout. Products we release in future are covered by these Terms from the day they are made available.

Some Products rely on third-party content or standards that carry their own licence conditions (for example clinical terminologies such as SNOMED CT). Where so, you are responsible for holding any licence required in your country, as described on the relevant product page.

Automation, AI & connected services

Some Products let you build automation or use artificial intelligence, for example rules and scheduled jobs in Cordex-Rules, AI requests through Cordex AI Gateway, and the Cordex AI features in other Products. For these features:

• You control what runs. You design, configure, test, approve and publish your own rules, automations, gates, approvals, prompts and AI settings. You are responsible for what they do to your data and systems, including records they create, change, assign or delete and messages they send. Test changes in a non-production environment before using them in production.
• AI output can be wrong. Content, rules, answers or proposals generated by AI may be inaccurate, incomplete or unsuitable. You must review AI output before relying on it, publishing it or acting on it. It is not professional, legal, financial, clinical or other advice.
• Your AI providers. Where you connect your own AI provider, model, Model Context Protocol (MCP) server, API, webhook, Power Automate flow or workflow, you do so under your own account and that provider's terms. You pay those providers directly. We do not operate them and are not responsible for their availability, output, charges, data handling or changes.
• What you send. You decide what data is sent to any connected provider and are responsible for having the rights, consents and approvals to send it, including under your own privacy, security and AI policies.
• Controls and records support you; they do not replace you. Gates, approvals, validators, audit logs and version history help you manage and evidence your own use. They do not guarantee compliance with any law, standard or certification, and we make no compliance claim on your behalf. You remain responsible for your own governance, retention and reviews.
• Run as your users. Products that run inside your Microsoft environment act within the security roles and privileges you grant. You are responsible for granting appropriate roles and for the permissions of any application users, connections and credentials you configure.

Eligibility & accounts

You must be at least 18 years old and capable of forming a binding contract. Where an account, licence key or portal login is issued to you, you are responsible for keeping credentials confidential and for all activity under your account. Notify us promptly of any unauthorised use.

Fees, payment & GST

Fees for Services are as set out in the relevant Service Agreement. Fees for Products are as published on the relevant product page or displayed at checkout for the selected Plan. Prices are in the currency shown (for example AUD or USD) and, where local currency is shown, conversion is provided by the checkout provider for convenience only.

Unless expressly stated to be inclusive, fees are exclusive of GST and other applicable taxes, which will be added where required by law. You are responsible for any bank, currency or third-party transaction charges.

Invoices for Services are payable within the period stated on the invoice (or 14 days if none is stated). We may charge interest on overdue amounts and recover reasonable costs of collection. We may suspend Services or software access while amounts remain unpaid.

Subscriptions & renewals

All of our software Products are licensed on a subscription basis. Subscriptions run for the term selected at purchase (for example monthly or annually) and include the updates and support stated for your Plan for that term. Unless you cancel before the renewal date, or unless stated otherwise at checkout, Subscriptions renew for successive terms at the then-current price, and you authorise us (or our checkout provider) to charge the applicable renewal fee.

You may turn off automatic renewal at any time via your account or by contacting us. If a Subscription lapses, your licence to receive updates and support ends, and continued use of the Product beyond any free entitlement without a current licence is not permitted.

Refunds & cancellations

Nothing in this section limits your rights under the Australian Consumer Law (see Australian Consumer Law). Subject to those rights:

• Products: all of our software Products are sold as Subscriptions. Fees are not refundable, in whole or in part, including for change of mind, unused time, part of a billing period, lower usage or cancellation during a term. When you cancel, your Subscription continues until the end of the period you have paid for and is not renewed. We give no warranty of our own for Products beyond the guarantees the Australian Consumer Law provides.
• Services: cancellation and refund terms for consulting engagements are set out in the applicable Service Agreement. Work performed and non-recoverable costs incurred up to the cancellation date remain payable.

Support & updates

During an active Subscription or support period we provide software updates and reasonable technical support via email, aiming to respond within one business day (business days are Monday to Friday excluding Queensland public holidays). The level of support depends on your Plan (some free plans include no support) and covers the Product as supplied; it does not extend to your third-party environments, custom code, or issues caused by unsupported configurations.

Acceptable use

You must not, and must not permit anyone to:

• use the Website, Services or Products in breach of any law or third-party right;
• copy, modify, reverse engineer, decompile or attempt to derive source code, except to the extent permitted by law;
• circumvent licence limits, security or usage controls, or share licence keys;
• introduce malware, or interfere with or disrupt the integrity or performance of our systems or others' systems;
• use the Services or Products to send unlawful, unsolicited, infringing, harmful or misleading content, or to process data you are not entitled to process; or
• resell or provide the Services or Products to third parties except as expressly authorised.

Intellectual property

All intellectual property rights in the Website, the Services (including methodologies, templates and know-how) and all Products (including all software, documentation, branding and updates) are and remain owned by us or our licensors. Except for the limited licence expressly granted to you, no rights are transferred.

Unless a Service Agreement states otherwise, we retain ownership of pre-existing materials and our general tools and know-how. Where we create bespoke deliverables specifically for you, ownership or licensing of those deliverables is as set out in the relevant Service Agreement, and is conditional on full payment.

You retain all rights in Your Content. You grant us a non-exclusive licence to host, process and use Your Content only to the extent necessary to provide the Services and Products and to meet our legal obligations.

Third-party services

Our Services and Products may interoperate with third-party products, platforms and content, including Microsoft (Dataverse, Dynamics 365, Azure, Power Platform, Entra ID, Windows), WordPress and form plugins, AI providers you choose to connect, Google reCAPTCHA, terminology and data sources, and payment and checkout providers (such as Stripe and PayPal). Your use of those third-party products is governed by their own terms and privacy policies, and you are responsible for maintaining the licences, subscriptions and configurations required in your own environment.

We are not responsible for the availability, changes, deprecation or acts or omissions of third-party providers, or for issues arising from your third-party environments outside our control.

Data, privacy & security

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains how we collect, use, disclose and protect personal information and forms part of these Terms.

You are responsible for ensuring you have the necessary rights and consents to collect and process Your Content (including form submissions, records, health or other sensitive information, and personal information of your customers, patients or users) through our Products and Services, and for configuring your systems in line with your own legal obligations. We apply reasonable technical and organisational measures to protect data in our control, but no method of transmission or storage is completely secure.

Confidentiality

Each party may receive confidential information of the other. Each party will keep the other's confidential information secure, use it only for the purposes of the engagement, and not disclose it except to personnel and advisers who need to know and are bound by equivalent obligations, or as required by law. This obligation survives termination.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. The disclaimers and limitations in these Terms apply only to the extent permitted by law.

Warranties & disclaimers

Subject to the Australian Consumer Law section and to the extent permitted by law, the Website, Services and Products are provided "as is" and "as available", and we do not warrant that they will be uninterrupted, error-free, or that defects will be corrected, or that they will meet your specific requirements or be compatible with every environment or configuration.

Any advice, estimates, or third-party information provided is given in good faith based on the information available at the time and does not constitute a guarantee of outcomes.

Limitation of liability

To the maximum extent permitted by law, and subject to any non-excludable rights under the Australian Consumer Law:

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill, data or anticipated savings, however arising;
• our total aggregate liability arising out of or in connection with these Terms, the Services or Products (whether in contract, tort including negligence, statute or otherwise) is limited, for any claim or series of related claims, to the fees paid by you to us for the relevant Service or Subscription in the twelve (12) months immediately before the event giving rise to the liability; and
• we are not liable for loss arising from rules, automations, gates, prompts or other configurations you or your users design or publish, from AI output, or from the acts, omissions, output or charges of AI providers, MCP servers, APIs, flows or other services you connect;
• where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to re-supplying, repairing or replacing the goods or services, or paying the cost of doing so.

Our professional liability is further limited by a scheme approved under Professional Standards Legislation. You agree that the allocation of risk in these Terms is reasonable given the fees charged.

Indemnity

You agree to indemnify and hold us harmless from and against any claims, liabilities, losses, damages and reasonable costs (including legal costs) arising from your breach of these Terms, your misuse of the Services or Products, your infringement of any third-party right, or your failure to obtain necessary rights or consents for Your Content, your rules, automations and AI configurations, or the data you send to connected providers, except to the extent caused by our breach or negligence.

Availability & changes

We may modify, suspend or discontinue any part of the Website, Services or Products, or perform maintenance, at any time. We may also update these Terms from time to time. The current version will be posted on this page with a revised "Last updated" date, and material changes take effect when posted (or on any later date we specify). Your continued use after changes take effect constitutes acceptance. Please review this page periodically.

Suspension & termination

We may suspend or terminate your access to the Services or Products if you materially breach these Terms (including non-payment) and, where the breach is capable of remedy, fail to remedy it within a reasonable time after notice, or immediately where required by law or to protect our systems or other users.

On termination, your licence to use the affected Products ends and you must stop using them. Provisions that by their nature should survive (including intellectual property, confidentiality, liability, indemnity and governing law) continue after termination.

Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, outages of telecommunications or third-party platforms, cyber incidents, industrial action, or governmental action.

General

• Entire agreement: these Terms, together with any Service Agreement and our Privacy Policy, are the entire agreement between us on their subject matter and supersede prior discussions.
• Assignment: you may not assign or transfer your rights without our prior written consent; we may assign our rights in connection with a reorganisation or sale of business.
• Severability: if any provision is found to be invalid or unenforceable, it is severed and the remaining provisions continue in full force.
• Waiver: a failure or delay in exercising a right is not a waiver of that right.
• Notices: notices to us should be sent to support@myitandapps.com.au.
• No agency: nothing in these Terms creates a partnership, joint venture or employment relationship between the parties.

Governing law

These Terms are governed by the laws of Queensland, Australia, regardless of where you are located or where the Products or Services are used. Each party submits to the exclusive jurisdiction of the courts of Queensland, the federal courts of Australia sitting in Queensland, and the courts that can hear appeals from them. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Contact us

If you have any questions about these Terms, please contact us: