Terms of service
The agreement between you and us when you use OrgChartBuilder. Written to be read, not skimmed past.
1. About these terms
OrgChartBuilder is operated by OrgBuilder (ABN 39 905 138 200), based in Victoria, Australia ("we", "us"). These terms apply whenever you use OrgChartBuilder, including the website, the web application, share links and guest mode. By creating an account or using the service, you agree to them.
If you use OrgChartBuilder on behalf of an organisation, you confirm that you are authorised to accept these terms for it, and "you" includes that organisation.
Our privacy policy explains what we store and why. It forms part of these terms.
2. Your account
- You must be at least 18 and able to enter into a binding contract.
- Give us an email address you control; we use it for account and billing notices.
- Keep your password and recovery key confidential. You are responsible for activity under your account.
- Tell us promptly at [email protected] if you believe your account has been compromised.
3. Encryption and lost keys
We designed OrgChartBuilder so that we cannot read your charts. The consequence is that we cannot reset access to them either. If you forget your password you can regain access with your recovery key; if you lose both, your encrypted data is permanently unreadable and we cannot help retrieve it. You accept that this is how the service works, and that we are not responsible for data lost this way.
4. Your data
- You own it. Everything you put into a chart remains yours. We claim no rights to it beyond what we need to store, sync and deliver it back to you and the people you share it with — and because it is encrypted, what we handle is ciphertext.
- You are responsible for having the right to use it. Org charts usually contain personal information about employees. You are responsible for collecting and using that information lawfully, including under the Privacy Act 1988 (Cth) or any other privacy law that applies to you, and for telling your people how it is used where the law requires.
- Sharing is your call. A share link lets anyone holding the full URL view that chart until you revoke it. Team sharing gives named colleagues access. You are responsible for who you share with.
- Keep your own copies. You can export any chart to CSV, PDF or SVG at any time. We recommend doing so regularly for anything important.
5. Acceptable use
You agree not to:
- use the service for anything unlawful, or to store data you have no right to hold;
- attempt to gain unauthorised access to the service, other accounts, or our infrastructure;
- interfere with the service's operation, including by overloading it or probing it for vulnerabilities without our written permission;
- resell or sublicense the service except as a plan expressly allows;
- use share links to distribute malware or content unrelated to organisational charts.
Found a security issue? Please report it to [email protected] — we are glad to hear about it.
6. Plans, billing and renewal
- Free plan. No charge. If you don't sign in for 90 days, your encrypted data is deleted; we email you before that happens. Free plan limits are shown on our pricing page and may change.
- Paid plans are billed yearly, in advance, in the currency shown at checkout. Prices on our website exclude tax; any applicable tax, including GST, is added at checkout.
- Automatic renewal. Paid plans renew automatically at the end of each year unless you cancel before the renewal date.
- Upgrades take effect immediately. You are charged the prorated difference for the rest of your current billing year at the time of the upgrade.
- Price changes apply from your next renewal. We will email you at least 30 days beforehand, so you have time to cancel if you don't wish to continue.
- Payment processing is handled by Stripe. We never see or store your card details.
- If a payment fails and is not resolved, we may move your account to the Free plan. We will email you first.
7. Cancellation and refunds
- You can cancel at any time from Manage subscription in your account. Cancellation stops the next renewal; you keep your paid plan until the end of the year you have paid for.
- When a paid plan ends, your account moves to the Free plan and Free plan limits apply, including the 90-day inactivity deletion. If a chart is over the Free plan's employee limit, it stays readable and exportable but will not save further changes until it is back within the limit.
- We don't provide refunds for a partly used billing year, or for change of mind. The exceptions are the prorated refunds in sections 9 and 14, and anything you are entitled to under the Australian Consumer Law (section 11).
8. Team and Company plans
The account holder who pays for a Team or Company plan ("the owner") controls who joins the team and is responsible for their members' use of the service under these terms. Members' access to the team comes from the owner's plan: if the owner removes a member, or the plan ends or moves to a tier without teams, affected members move to the Free plan. Their own charts remain theirs.
Self-hosted deployments on the Company plan may be covered by a separate written agreement. Where one exists, it takes priority over these terms to the extent they conflict.
9. The service
We work to keep OrgChartBuilder available, secure and reliable, but we can't promise it will be uninterrupted or error-free. We may need to take it offline for maintenance, and we will try to schedule that for quiet periods.
We improve the product continually, which means features may change. If we remove a feature that is a material part of a paid plan, we will tell you in advance, and if you no longer want the plan you may cancel and receive a prorated refund of the unused part of your billing year.
10. Closing your account, and suspension
- You can stop using the service at any time. To close your account entirely, email [email protected] from the address on the account.
- We may suspend or close an account that seriously or repeatedly breaches these terms, or where we are required to by law. Unless the breach makes it inappropriate, we will tell you first and give you a reasonable chance to fix it and to export your data.
- When an account is closed, we delete its encrypted data from our systems. Copies held in backups are removed as those backups are overwritten in the ordinary course.
11. The Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under that law, or under any other law, that cannot lawfully be excluded.
Where the law allows us to limit our liability for failing to meet a consumer guarantee — for example, because the service is not of a kind ordinarily acquired for personal, domestic or household use — our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.
12. Limitation of liability
To the extent permitted by law, and subject to section 11:
- we are not liable for any indirect or consequential loss, or for loss of profit, revenue, goodwill or data, however it arises;
- we are not liable for loss arising from your lost password and recovery key, from people you shared a chart with, or from your breach of these terms; and
- our total liability to you for all claims connected with the service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
Nothing in this section limits liability for fraud, or for anything else the law does not allow to be limited.
13. Your responsibility to us
If someone brings a claim against us because of data you uploaded without the right to do so, or because of your breach of section 5, you agree to cover our reasonable costs and losses from that claim. This does not apply to the extent the claim was caused by our own act or omission.
14. Changes to these terms
We may update these terms from time to time. For a change that materially affects you, we will email you at least 30 days before it takes effect. If you continue to use the service after that, the new terms apply. If you don't agree to them, you may cancel before they take effect and receive a prorated refund of the unused part of your billing year. The date at the top of this page shows when the terms last changed.
15. General
- These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.
- If any part of these terms is found unenforceable, the rest continues to apply.
- If we don't enforce a right straight away, we haven't waived it.
- You may not transfer your account or these terms without our consent. We may transfer them to a successor to our business, and will tell you if we do.
- Neither of us is responsible for delays caused by events outside our reasonable control.
Contact
Questions about these terms: [email protected].
OrgBuilder
ABN 39 905 138 200
Victoria, Australia