Terms of Service

1. Introduction

These Terms of Service govern access to and use of the BVOPro website, platform, software, content and related services provided by BVOPro Pty Ltd ABN 86 666 111 379 (BVOPro, we, us or our). BVOPro is a software-as-a-service platform designed for accountants, business brokers, advisers, virtual CFOs, bookkeepers and related professionals who require business valuation and appraisal tools. By accessing or using the BVOPro website or services, a user agrees to be bound by these Terms of Service, the Privacy Policy, and any additional policies or order terms that apply to the relevant subscription or service.

2. Eligibility and Authority

A user must be at least 18 years of age and have legal capacity to enter into binding agreements. If a user accesses the service on behalf of a firm, company, partnership or other entity, that user warrants that they have authority to bind that entity to these terms.

3. Licence

Subject to compliance with these terms and payment of all applicable fees, BVOPro grants the customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the platform during the subscription term for the customer’s internal professional business purposes. The licence does not permit resale, white-labelling, sublicensing, commercial exploitation of the platform itself, or use of the platform for unlawful, misleading or unauthorised purposes.

4. Account Registration and Security

Access to certain services requires account registration. Users are responsible for ensuring that account information is accurate, current and complete, and for maintaining the confidentiality of usernames, passwords and access credentials. The customer is responsible for all activities occurring through its account, except to the extent caused by BVOPro’s own breach or misconduct.

5. Subscription, Trials and Fees

BVOPro may offer free trials, promotional access periods, monthly subscriptions, annual subscriptions, and other pricing arrangements from time to time. Any free trial or promotional offer is subject to the specific terms stated at the time of offer and may be modified, withdrawn or limited by BVOPro to prevent abuse. Subscription fees, billing cycles, renewal arrangements and payment terms will be those notified at sign-up, in an order form, or on the website at the time of purchase. Unless otherwise stated, subscriptions renew automatically for the same billing period and the customer authorises BVOPro or its payment processor to charge the applicable recurring fees until cancellation takes effect.

6. Acceptable Use

Users must comply with all applicable laws, professional obligations and regulatory requirements when using the platform. A user must not:

• misuse, disrupt, damage or impair the platform or related systems;
• upload malicious code or attempt unauthorised access;
• copy, reverse engineer, decompile, disassemble or create derivative works from the platform except to the extent such restriction is prohibited by law;
• use the platform in a manner that infringes intellectual property, privacy, confidentiality or other rights of any person;
• use the platform to generate misleading, unlawful or deceptive outputs.

 

7. Customer Data and Privacy

BVOPro handles personal information in accordance with its Privacy Policy. The customer is responsible for ensuring that it has all rights, notices, consents and lawful authority required to upload, input, use and instruct the processing of customer data through the platform. The customer warrants that any information provided to BVOPro through the platform does not infringe any law or third-party rights and may lawfully be used for the contracted services.

8. Secondary Data Usage

BVOPro may use customer data in aggregated form only for analytics, benchmarking, industry comparisons, reporting, product improvement and model training beyond servicing the individual customer matter. That secondary use is limited to aggregated data used in a manner that does not identify a specific customer, accountant, client, business, valuation subject or matter. BVOPro does not use identifiable customer data or customer-specific data for those secondary purposes unless separately authorised in writing. In limited circumstances, anonymised full data may be proposed for case studies, sample reports or software demonstrations. In those cases, specific authority must first be obtained from both the accountant and the client for the relevant matter. If explicit client consent is not provided, that proposed secondary use will not occur. Further detail regarding personal information handling is set out in the Privacy Policy.

9. Intellectual Property

BVOPro retains all rights, title and interest in the platform, software, methodology, templates, branding, interfaces, documentation, know-how and related intellectual property, except as expressly granted under these terms. The customer retains rights in its own pre-existing materials and in customer data uploaded to the platform, subject to the rights necessary for BVOPro to host, process, transmit, analyse and otherwise use that data to provide the services and exercise rights permitted under these terms and the Privacy Policy. No transfer of intellectual property ownership occurs unless expressly agreed in writing.

10. Outputs and Professional Judgment

The platform provides valuation, appraisal and related analytical tools intended to support professional users. Outputs generated by the platform are informational tools and do not replace the user’s own professional judgment, review obligations, legal responsibilities or independent advice. The customer is solely responsible for reviewing all assumptions, inputs, calculations, commentary and reports before relying on, issuing, publishing or communicating any output generated through the platform. BVOPro does not warrant that any output will be error-free, complete, suitable for a particular transaction, compliant with a specific legal proceeding, or accepted by courts, regulators, counterparties, financiers or other third parties.

11. Third-Party Services

The platform may integrate with or depend upon third-party providers, including hosting, payments, analytics, communications or other technology services. BVOPro is not responsible for third-party services outside its reasonable control, although it may suspend, replace or remove integrations where necessary for security, functionality, compliance or commercial reasons.

12. Availability and Changes

BVOPro aims to maintain service availability but does not guarantee uninterrupted or error-free access. Maintenance, upgrades, outages, cyber incidents, third-party failures or events beyond reasonable control may affect availability. BVOPro may modify, enhance, suspend or discontinue features, functionality or parts of the service from time to time, provided that material adverse changes to paid core services will be managed reasonably in the circumstances.

13. Suspension and Termination

BVOPro may suspend or terminate access immediately where there is suspected breach of these terms, non-payment, unlawful use, security risk, misuse of the service or conduct that may expose BVOPro or others to liability. A customer may cancel its subscription in accordance with the applicable cancellation terms, but cancellation does not affect liabilities accrued before termination. On termination or expiry, access rights cease and customer data may be deleted or rendered inaccessible in accordance with BVOPro’s policies, retention practices and operational processes.

14. Fees, Payment and Refunds

Fees are payable in the currency and manner specified at purchase or invoicing. Unless required by law or expressly stated otherwise, fees paid are non-refundable, including for partial billing periods, change of mind, non-use, or early cancellation. If payment is overdue, BVOPro may suspend access, charge reasonable recovery costs, and require future payments by alternative methods.

15. Warranties and Disclaimers

To the maximum extent permitted by law, the platform and services are provided on an “as is” and “as available” basis. BVOPro excludes all warranties, representations and guarantees not expressly stated in these terms, including implied warranties of merchantability, fitness for purpose, uninterrupted availability, compatibility, security or accuracy, except to the extent such exclusions are not permitted by law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, non-excludable right or statutory protection that cannot lawfully be excluded, including rights under the Australian Consumer Law where applicable.

16. Limitation of Liability

To the maximum extent permitted by law, BVOPro is not liable for any indirect, incidental, special, exemplary or consequential loss, including loss of profits, revenue, business opportunity, goodwill, anticipated savings, data, or reputational harm. To the maximum extent permitted by law, BVOPro’s aggregate liability arising out of or in connection with the services, whether in contract, tort, statute, equity or otherwise, is limited to the lesser of:

• the total fees paid by the customer to BVOPro in the 12 months preceding the event giving rise to the claim; and
• the amount required to be paid or supplied again under any non-excludable statutory regime, where such limitation is permitted by law.

The customer acknowledges that it is responsible for its own professional review, document management, insurance arrangements, and data backup practices appropriate to its use of the platform.

17. Indemnity

The customer indemnifies BVOPro and its officers, employees and contractors against losses, liabilities, claims, damages and expenses arising from:

• the customer’s breach of these terms;
• unlawful, misleading or improper use of the platform;
• customer data that infringes rights or breaches law;
• reliance by third parties on customer-issued outputs, except to the extent caused by BVOPro’s own breach of law or wilful misconduct.

 

18. Confidentiality

Each party must keep confidential information of the other party confidential and must not disclose it except as required for the performance of the services, with consent, or as required by law. This clause does not apply to information that is public other than through breach, independently developed, or lawfully obtained from a third party without confidence obligations.

19. Governing Law and Disputes

These terms are governed by the laws of Australia as stated on the current BVOPro Terms of Service page, although for operational certainty the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia unless otherwise required by law. The parties should attempt to resolve disputes through good faith discussions before commencing formal proceedings, except where urgent interlocutory or injunctive relief is reasonably required.

20. Changes to These Terms

BVOPro may update these Terms of Service from time to time. Updated terms may be published on the website and take effect from the stated update date or other notified effective date. Continued use of the service after the effective date constitutes acceptance of the updated terms, to the extent permitted by law.

21. Contact

Questions regarding these Terms of Service may be directed to:
BVOPro Pty Ltd
Email: [email protected]
Website: BVOPro