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Terms of Service

Last updated: 29 January 2026

IMPORTANT NOTICE - PLEASE READ CAREFULLY

These Terms of Service constitute a legally binding agreement between you and SavvyPortfolio Pty Ltd. By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Definitions and Interpretation

1.1 Definitions

In these Terms of Service, unless the context otherwise requires:

  • "Account" means the user account you create to access and use the Service.
  • "Agreement" means these Terms of Service, the Privacy Policy, and any other policies or guidelines incorporated by reference.
  • "ATO" means the Australian Taxation Office.
  • "Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • "CGT" means Capital Gains Tax as defined under the Income Tax Assessment Act 1997 (Cth).
  • "Company", "we", "us", or "our" means SavvyPortfolio Pty Ltd (ABN pending), a company incorporated in New South Wales, Australia.
  • "Content" means all information, data, text, graphics, images, and other materials uploaded, downloaded, or appearing on the Service.
  • "FIFO" means First-In-First-Out, the method of calculating cost base for CGT purposes.
  • "Intellectual Property" means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, software, databases, and other proprietary rights.
  • "Market Data" means share prices, indices, and other financial market information provided through the Service.
  • "Service" means the SavvyPortfolio web application, including all features, functionality, tools, and related services accessible at savvyportfolio.com.au and any subdomains.
  • "User", "you", or "your" means any individual or entity that accesses or uses the Service.
  • "User Data" means any data, information, or content that you upload, submit, or transmit through the Service, including transaction data, portfolio information, and personal information.

1.2 Interpretation

In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a statute or statutory provision includes any subordinate legislation made under it; (d) a reference to "writing" includes email; and (e) "including" means "including without limitation".

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing or using the Service, you represent and warrant that:

  • You have read, understood, and agree to be bound by these Terms;
  • You have the legal capacity to enter into this Agreement;
  • If you are using the Service on behalf of an organisation, you have authority to bind that organisation to these Terms;
  • Your use of the Service will comply with all applicable laws and regulations; and
  • All information you provide to us is accurate, current, and complete.

2.2 Continued Use

Your continued use of the Service following any modifications to these Terms constitutes acceptance of the modified Terms. If you do not agree to any modification, you must immediately cease using the Service.

3. Licence to Use the Service

3.1 Grant of Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial purposes, or for internal business purposes if you are a business user.

3.2 Licence Limitations

This licence does not include any right to:

  • Modify, adapt, translate, or create derivative works based on the Service;
  • Sublicense, lease, rent, loan, or otherwise transfer the Service to any third party;
  • Remove, alter, or obscure any proprietary notices on the Service;
  • Use the Service for any purpose other than as expressly permitted by these Terms; or
  • Access the Service to build a competitive product or service.

3.3 Reservation of Rights

All rights not expressly granted to you are reserved by us. Nothing in these Terms grants you any right to use our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.

4. Restrictions on Use

4.1 Prohibited Activities

You agree not to, and will not permit any third party to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
  • Copy, reproduce, distribute, republish, download, display, post, or transmit the Service in any form;
  • Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
  • Bypass, disable, or otherwise interfere with security-related features of the Service;
  • Use the Service for any illegal, unauthorized, or fraudulent purpose;
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service, other accounts, or computer systems;
  • Harvest or collect any information about other users without their consent;
  • Use the Service to send unsolicited communications or spam;
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
  • Use the Service for commercial redistribution, resale, or providing services to third parties without our written consent;
  • Use the Service to provide investment advice, tax advice, or other professional services to third parties; or
  • Violate any applicable law, regulation, or these Terms.

4.2 Consequences of Violation

Violation of any of these restrictions may result in immediate termination of your Account and access to the Service, without notice or refund. We reserve the right to investigate and pursue any available legal remedies.

5. Account Terms

5.1 Account Registration

To access certain features of the Service, you may be required to create an Account. When registering, you agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information;
  • Maintain the security and confidentiality of your login credentials;
  • Accept responsibility for all activities that occur under your Account; and
  • Notify us immediately of any unauthorized use of your Account.

5.2 Age Requirements

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not use the Service under any circumstances.

5.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. We are not liable for any loss or damage arising from your failure to maintain the security of your Account.

5.4 One Account Per User

You may only maintain one Account. If we discover that you have created multiple Accounts, we reserve the right to terminate all such Accounts without notice.

6. Service Description and Limitations

6.1 What the Service Does

SavvyPortfolio is a software tool that provides:

  • Portfolio tracking for Australian Securities Exchange (ASX) listed securities;
  • Import functionality for CommSec and other broker CSV transaction files;
  • Calculation tools for estimating Capital Gains Tax (CGT) using the FIFO method;
  • Tracking of dividend income including franked amounts and franking credits;
  • Generation of reports that may assist in preparing ATO tax returns;
  • Local data storage (via browser localStorage) and optional cloud synchronization; and
  • Current and historical share price information sourced from third-party providers.

6.2 What the Service Does NOT Do

The Service expressly does NOT:

  • Provide financial advice, investment advice, tax advice, or any other professional advice;
  • Guarantee the accuracy, completeness, or reliability of any calculations, data, or information;
  • Replace the need for professional advice from qualified accountants, tax agents, or financial advisors;
  • File tax returns or communicate with the ATO on your behalf;
  • Execute trades or provide brokerage services;
  • Provide real-time market data (data may be delayed by 20 minutes or more);
  • Account for all individual circumstances that may affect your tax liability; or
  • Guarantee compliance with ATO requirements or any other regulatory obligations.

6.3 Service Availability

We do not guarantee that the Service will be available at all times or that it will be uninterrupted, secure, or error-free. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.

7. IMPORTANT DISCLAIMER - NO FINANCIAL OR TAX ADVICE

THIS SECTION CONTAINS IMPORTANT LIMITATIONS ON THE NATURE OF THE SERVICE. PLEASE READ IT CAREFULLY.

7.1 Not Professional Advice

THE SERVICE IS A SOFTWARE TOOL ONLY AND DOES NOT CONSTITUTE, AND SHOULD NOT BE CONSTRUED AS, FINANCIAL ADVICE, INVESTMENT ADVICE, TAX ADVICE, LEGAL ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.

The information and calculations provided by the Service are for informational and educational purposes only. We are not a registered tax agent, financial advisor, or licensed investment advisor. We are not registered with the Tax Practitioners Board, the Australian Securities and Investments Commission (ASIC), or any other regulatory body.

7.2 CGT Calculations are Estimates Only

ALL CAPITAL GAINS TAX CALCULATIONS PROVIDED BY THE SERVICE ARE ESTIMATES ONLY. These calculations:

  • Are based solely on the data you provide and may not reflect your complete tax situation;
  • May not account for all deductions, exemptions, concessions, or rollovers available to you;
  • May not accurately apply the CGT discount, small business concessions, or other tax provisions;
  • Are subject to the accuracy of the cost base and acquisition date information you provide;
  • May be affected by corporate actions (splits, consolidations, demergers) that are not fully captured;
  • Do not account for foreign tax considerations or double taxation agreements;
  • May differ from the ATO's assessment of your tax liability; and
  • Should not be relied upon for filing tax returns without independent verification.

7.3 Market Data Disclaimer

Market data displayed in the Service:

  • May be delayed by 20 minutes or more;
  • Is sourced from third-party providers and we do not guarantee its accuracy;
  • Should not be used as the basis for investment decisions;
  • May contain errors, omissions, or inaccuracies; and
  • Is provided "as is" without any warranty.

7.4 Obligation to Seek Professional Advice

YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED ACCOUNTANT, REGISTERED TAX AGENT, OR LICENSED FINANCIAL ADVISOR BEFORE MAKING ANY FINANCIAL DECISIONS OR LODGING TAX RETURNS BASED ON INFORMATION FROM THE SERVICE.

You acknowledge and agree that:

  • Your tax affairs may be complex and require professional assessment;
  • Tax laws change frequently and the Service may not reflect current legislation;
  • You are solely responsible for your tax obligations and compliance;
  • Any reliance on the Service's calculations is entirely at your own risk; and
  • We strongly recommend independent verification of all calculations before use.

7.5 User Responsibility

You are solely responsible for: (a) the accuracy of all data you enter into the Service; (b) verifying all calculations and reports generated by the Service; (c) ensuring compliance with all applicable tax laws and regulations; (d) maintaining appropriate records for ATO requirements; and (e) lodging accurate tax returns and paying any tax owing.

8. DISCLAIMER OF WARRANTIES

8.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 Exclusion of Warranties

To the maximum extent permitted by applicable law, including the Australian Consumer Law, we expressly disclaim all warranties, conditions, representations, and guarantees, whether express, implied, statutory, or otherwise, including:

  • Any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement;
  • Any warranties arising from course of dealing, usage, or trade practice;
  • Any warranties that the Service will meet your requirements or expectations;
  • Any warranties that the Service will be uninterrupted, timely, secure, or error-free;
  • Any warranties that the results obtained from using the Service will be accurate, reliable, or complete;
  • Any warranties that defects in the Service will be corrected;
  • Any warranties regarding the accuracy of calculations, including CGT calculations;
  • Any warranties that the Service is free of viruses or other harmful components; and
  • Any warranties regarding third-party services, content, or data.

8.3 Australian Consumer Law

Certain legislation, including the Australian Consumer Law, may imply warranties or conditions, or impose obligations, that cannot be excluded, restricted, or modified, or can only be restricted or modified to a limited extent. These Terms must be read subject to those statutory provisions. If those provisions apply, to the extent to which we are entitled to do so, our liability is limited, at our option, to: (a) in the case of goods, replacement of the goods or the payment of the cost of replacing the goods; and (b) in the case of services, supplying the services again or the payment of the cost of having the services supplied again.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or income;
  • Loss of business, contracts, or opportunities;
  • Loss of anticipated savings;
  • Loss of data or corruption of data;
  • Loss of goodwill or reputation;
  • Investment losses or diminution in value of investments;
  • Tax penalties, fines, or interest imposed by the ATO or any other authority;
  • Costs of obtaining substitute goods or services; or
  • Any other intangible loss,

whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

9.2 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • The total fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim; or
  • One hundred Australian dollars (AUD $100).

9.3 Specific Exclusions

Without limiting the foregoing, we shall have no liability whatsoever for:

  • Investment Losses: Any losses, damages, or liability arising from investment decisions made based on or influenced by information provided through the Service;
  • Tax Penalties: Any penalties, interest, fines, or additional tax assessed by the ATO or any other taxation authority as a result of reliance on calculations or information from the Service;
  • Incorrect Calculations: Any errors, inaccuracies, or omissions in CGT calculations, dividend tracking, franking credit calculations, or any other calculations provided by the Service;
  • Data Loss: Loss or corruption of User Data, whether stored locally or in the cloud;
  • Third-Party Services: Acts, omissions, or failures of third-party service providers, including market data providers, cloud hosting services, or payment processors; and
  • Force Majeure: Events beyond our reasonable control, including natural disasters, governmental actions, internet outages, or cyber attacks.

9.4 Basis of the Bargain

You acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk between you and us, and that these limitations are an essential basis of the bargain between us. You agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to:

  • Your breach of these Terms or any applicable law or regulation;
  • Your violation of any third party's rights, including intellectual property rights or privacy rights;
  • Your use or misuse of the Service;
  • Any User Data you submit, post, or transmit through the Service;
  • Your negligence, fraud, or wilful misconduct;
  • Any tax liability, penalty, or obligation arising from your reliance on the Service;
  • Any investment loss or financial harm resulting from decisions based on the Service; and
  • Any dispute between you and any third party relating to the Service.

10.2 Procedure

We will notify you promptly of any claim subject to indemnification and will provide you with reasonable assistance, at your expense, in defending the claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

11. Intellectual Property Rights

11.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11.2 Trademarks

"SavvyPortfolio", our logo, and any other Company product or service names, logos, or slogans are trademarks or service marks of the Company. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

11.3 Your Content

You retain ownership of any User Data you submit to the Service. By submitting User Data, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, and process your User Data solely to provide the Service to you and as otherwise permitted by these Terms and our Privacy Policy.

11.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate, without any obligation or compensation to you.

12. Data and Privacy

12.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at savvyportfolio.com.au/privacy to understand our practices regarding the collection, use, and disclosure of your personal information.

12.2 Data Storage

The Service offers two data storage options:

  • Local Storage: Your data is stored in your browser's localStorage. This data is not transmitted to our servers and remains on your device. You are responsible for backing up this data, and we are not liable for any data loss resulting from browser data clearing, device changes, or other causes.
  • Cloud Synchronization: If you enable cloud sync, your data will be transmitted to and stored on our servers (powered by Supabase). While we implement reasonable security measures, we cannot guarantee absolute security of data transmitted over the internet.

12.3 Data Retention

We retain User Data for as long as your Account is active or as needed to provide you the Service. Upon termination of your Account, we may retain certain data as required by law or for legitimate business purposes, as described in our Privacy Policy.

12.4 Data Export

You may export your User Data at any time using the export functionality provided in the Service. We recommend regularly exporting and backing up your data.

13. Third-Party Services and Content

13.1 Third-Party Services

The Service may integrate with or rely upon third-party services, including:

  • Market data providers (for share prices and market information);
  • Cloud infrastructure providers (for data storage and processing);
  • Payment processors (for subscription payments); and
  • Authentication providers (for account login).

13.2 Third-Party Terms

Your use of third-party services may be subject to additional terms and conditions imposed by those third parties. We are not responsible for any third-party services and disclaim all liability arising from your use of such services.

13.3 Third-Party Links

The Service may contain links to third-party websites or resources. These links are provided for convenience only and do not imply endorsement. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13.4 Market Data Attribution

Share price and market data displayed in the Service is provided by third-party data providers. This data is subject to the terms and conditions of those providers and may be delayed. We do not warrant the accuracy, completeness, or timeliness of such data.

14. Modifications to Terms and Service

14.1 Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will:

  • Update the "Last updated" date at the top of these Terms;
  • Provide notice through the Service or by email at least 30 days before the changes take effect; and
  • For significant changes, require you to affirmatively accept the new Terms.

14.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14.3 Effect of Continued Use

Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the modified Terms. If you do not agree to any modifications, you must stop using the Service and may terminate your Account.

15. Termination

15.1 Termination by You

You may terminate your Account at any time by using the account deletion functionality in the Service or by contacting us at support@savvystartagency.com.au. Upon termination, your right to use the Service will immediately cease.

15.2 Termination by Us

We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason, including if:

  • You breach any provision of these Terms;
  • You fail to pay any fees when due;
  • We are required to do so by law;
  • We decide to discontinue the Service; or
  • We determine, in our sole discretion, that your use poses a risk to us, other users, or third parties.

15.3 Effect of Termination

Upon termination:

  • Your licence to use the Service will immediately terminate;
  • You must cease all use of the Service;
  • We may delete your Account and User Data, subject to any legal retention requirements;
  • You will not be entitled to any refund of fees paid; and
  • The provisions of these Terms that by their nature should survive termination shall survive, including sections relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law.

15.4 Data After Termination

We recommend exporting your User Data before terminating your Account. After termination, we may retain certain data as required by law or for legitimate business purposes, but we are under no obligation to maintain or provide you with copies of your User Data after termination.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16.2 Jurisdiction

Subject to the dispute resolution provisions below, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts competent to hear appeals from those courts, for any legal proceedings arising out of or relating to these Terms or the Service.

16.3 Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute with us through good faith negotiation. You must send a written notice of your dispute to support@savvystartagency.com.au, describing the nature of the dispute and the relief sought. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

16.4 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.

17. General Provisions

17.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

17.2 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

17.3 Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment or transfer in violation of this section will be null and void.

17.5 Notices

We may provide notices to you by email, posting on the Service, or other reasonable means. You may provide notices to us by email at support@savvystartagency.com.au. Notices are effective upon receipt.

17.6 No Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us.

17.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.8 Electronic Communications

By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service or the Service, please contact us:

SavvyPortfolio Pty Ltd

Email: support@savvystartagency.com.au

Website: savvyportfolio.com.au

Registered in New South Wales, Australia

We will endeavour to respond to all enquiries within 5 business days.

Acknowledgment

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You acknowledge that SavvyPortfolio is a software tool that provides estimates and information only, and that you are solely responsible for verifying all information and seeking professional advice for your specific circumstances.

Copyright 2024-2026 SavvyPortfolio Pty Ltd. All rights reserved.

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