These Master Terms of Use govern your access to and use of the MyComms service and any additional products or services that we deliver from time to time, including but not limited to, all associated websites, content, firmware, devices, software applications, API’s, products and services (together, the Services).

The Services are provided to you by Communications Spectrum Pty Ltd (ACN 676 037 979) (“MyComms”, “we”, “us” or “our”). You must accept these Master Terms of Use to create a MyComms account and to access or use the Services. If you do not have an account, you accept these Master Terms of Use by using any part of the Services. If you do not accept these Master Term of Use, do not create an account or use the Services.

If you have any questions about these Master Terms of Use, you can contact us at info@commspec.co. 

By creating a MyComms account (User Account), registering for or accessing our Services, or completing the steps for sign-up, you agree to be bound by:

(together, your Agreement). Your participation constitutes a binding agreement between you and us on the terms of this Agreement. 

If any document that is part of your Agreement (as listed in clause 1.1) contains a term that is inconsistent with a term in another document, the relevant these Master Terms of Use shall prevail. The only exception is where a term explicitly states that it applies regardless of any other parts of these Master Terms of Use.

Your Agreement does not have a minimum term unless explicitly stated and continues until it is terminated or not renewed in accordance with these Master Terms of Use. 

You agree that you are responsible for:

From time to time we may publish policies applicable to the Services at https://commspec.co/. You must comply with all policies applicable to the Services. 

To create a User Account, you must: 

By creating a User Account, you: 

Your use of the Services is subject to fair usage restrictions. We may disable or downgrade features within the Services at our sole discretion (acting reasonably).

A User Account allows you to create up to one (1) additional profile for someone that will also use the Services under your User Account (“Supported User”) by providing their name, date of birth, and any other information as requested. 

A Supported User may include a Minor or individual with disabilities, or any other person for whom you create a profile. 

Where you create a Supported User profile for a Minor, you must ensure that their use of the Services is authorised by a parent or legal guardian. You must not create a profile for a Minor unless their parent or legal guardian:

A User Account provides different permission levels for Supported Users, including “Creator Mode” and “Play Mode”. A User Account holder is responsible for choosing the appropriate mode for the Supported User. 

Creator Mode provides full access to the functionality of the Services, including the ability to create, edit, delete, and manage a Supported User and visual supports. 

Play Mode provides a simplified and restricted interface intended for a Supported User. Play Mode limits access to editing tools and other features of the Services and allows access only to pre-existing visual supports created in Creator Mode or provided by us and our licensors. 

When using your User Account, you and any Supported User who has been granted access to Creator Mode may upload, create or input content, including images, photos, videos, text, audio, symbols, schedules, tasks, templates, visual supports, and any other material added, generated or submitted through your User Account (User Content).

The Account Holder is responsible for all User Content uploaded, created or submitted through their User Account, including User Content uploaded or created by a Supported User. 

User Content remains your responsibility at all times and must comply with this Agreement and all applicable laws.

You must not use or attempt to use the Services to: 

The Services may include or make available visual supports, templates, tools, features, technologies or other materials that are created, supplied or licensed by third party suppliers and service providers (Third Party Content). Third Party Content may include content developed by therapists, behaviour support practitioners, researchers, licensors or other external contributors. 

Except to the extent that a third party provider expressly provides a warranty to you, we make no representations, warranties, or guarantees in relation to any Third Party Content, and we are not liable for its accuracy, completeness, suitability, reliability, availability or performance. 

By creating a User Account and accepting these Master Terms of Use, you agree that we have the right to charge and collect payment for the Services (Fees). All Fees will be stated to you at the time of purchase and may be updated from time to time in accordance with clause 5.1. To maintain use of the Service, you must make payment of all Fees owed by you. 

We may change the price of our Service from time to time; however, any price will apply to you no earlier than 30 days following notice to you. You can manage your account and cancel your Services before the next renewal cycle via the settings by which you subscribed (e.g. Google Play or Android Stores) 

Unless otherwise specified, the Fees are shown in Australian dollars (AUD) and are inclusive of GST. 

If your Service is subject to renewal and includes an auto-renewal feature. You also agree that we have the right to charge and collect payment of applicable Fees on a recurring basis at the applicable renewal rate, unless you cancel your Services in accordance with the cancellation terms set out in clause 12.2. 

Fees are billed through third-party platforms such as App Store or Google Play (App Store). By purchasing the Services, you authorise the applicable App Store and payment processors to receive, store, and encrypt your payment information. You may change your payment method, or cancel your Services, through your corresponding App Store. 

You acknowledge that any payment of Fees are also subject to the terms and conditions specified by the App Store, as the payment collector. We do not process or store your payment details. 

We do not provide refunds or credits (including any unused portion of the current billing period), unless required under the applicable local consumer law that applies in your jurisdiction.

Except for the changes described in clause 5.2, we will give you at least 30 days’ written notice via email before we make a change that may adversely affect you or that could interfere with your enjoyment of the Service.

If you do not agree to a change made to your Agreement, you may elect to cancel your Service.

Examples of where we will notify you of a change include where we increase the Fees of your Services.

We may make changes to this Agreement without first notifying you if those changes are:

From time to time, we may offer a trial period for new User Accounts (Trial). Trials may be offered free of charge or at a reduced Fee. The length and specific terms of any Trial will be disclosed at the time it is made available. By accessing the Services during a Trial, you acknowledge that you are bound by the Agreement. 

If a Trial is offered to you, you are eligible for one Trial only. You may not register for, or attempt to register for, multiple or consecutive Trials. 

To commence a Trial, you must provide valid payment details via your App Store. Unless you cancel before the end of the Trial period, your Trial will automatically convert into a fully paid version of the relevant Services, and we will charge your nominated payment method for the applicable Fees in accordance with this Agreement.

In the event you come into possession of any information of whatever kind that by its nature is confidential, has been designated as confidential or you ought reasonably to know is confidential (Confidential Information), you must immediately notify us of your receipt of such Confidential Information and, unless otherwise agreed, destroy such Confidential Information.

Where we have permitted you to hold our Confidential Information, you must protect it from unauthorised use, access or disclosure in the same manner as you would protect your own Confidential Information, but with no less than reasonable care. 

The Services, and all materials contained within or generated by the Services, are protected by our or our suppliers intellectual property rights, including software, code, templates, visual supports, images, icons, designs, graphics, text, data, trade marks, and other intellectual property (Intellectual Property). 

Nothing in these Master Terms of Use transfers ownership of Intellectual Property to you or grants you any right to use, copy, reproduce, share, sell, license, distribute or otherwise exploit any part of the Intellectual Property unless expressly permitted under these Master Terms of Use or with our prior written consent. Prohibited actions include, but are not limited to, framing, linking, or reposting such material.

You agree to indemnify us and our suppliers against any losses or legal costs resulting from your breach of this clause, except where such loss is caused by our or our suppliers’ gross negligence, fraud, or wilful misconduct.

If you become aware of any unauthorized use of such material, you must notify us immediately.

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services and Intellectual Property strictly in accordance with these Master Terms of Use, and: 

You retain ownership of User Content created solely by you and any intellectual property rights contained therein. 

You warrant that you have all necessary rights, permissions and consents to upload or submit User Content, and that the upload of the User Content will not infringe on any third party’s intellectual property rights. 

By uploading, creating, or submitting User Content through your User Account, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to: 

This licence continues for as long as your User Content is stored within or used in connection with the Services. 

All User Content jointly developed, or contributed to by you, will immediately vest in us upon creation. Any materials we create from the User Content will be owned by us. 

Each party represents and warrant that:

and you acknowledge that we have relied on the above representations and warranties in agreeing to provide the Services to you in accordance with these Master Terms of Use. 

You agree that: 

Your Agreement never operates to exclude or modify the applicable local consumer law that applies in your jurisdiction (where they apply) or to limit your remedies for breach of them in a way that is not permitted by law.

Subject to clause 10.1, each party’s maximum aggregate liability to the other party arising out of these Master Terms of Use will not exceed the Fees actually paid by you to us under these Master Terms of Use in the 12 months immediately preceding the first event or circumstance which gave rise to the relevant liability. 

You agree to indemnify, defend and hold us (including our employees, independent contractors, agents, and/or permitted subcontractors) harmless (and must pay and compensate on demand) from and against all damage, claims (including third party claims), demands, suits, causes of action, awards, judgments and liabilities, including the cost of defending or settling any claims, demands, suits, causes of action, awards, judgments and liabilities (collectively, Claims) arising out of or alleged to have arisen out of: 

provided that any amount payable by you to us pursuant to this indemnity must be reduced by an amount that represents the extent to which the Claims are caused by the gross negligence, fraud, misconduct, or breach of these Master Terms of Use by us. 

Unless otherwise expressly agreed in these Master Terms of Use, we will only indemnify, defend, and hold you harmless from and against any third-party Claims to the extent the Claims are due solely to our fraud, wilful misconduct or gross negligence. 

Without limiting other rights, we may suspend or cancel your Services without prior notice if: 

You can cancel the Services through your subscriptions in the App Store. You will continue to have access to the Services until the end of the billing period.

For Services that auto-renew, you must cancel at least 24 hours before the renewal date. If you cancel the Services within 24 hours of auto-renewal or after we have started providing the Services to you, we won’t refund any Fees you have already paid to us.

Termination means that this Agreement, or the specific Service under it, comes to an end and only occurs once all obligations under these Master Terms of Use have been met, or the obligation is waived in writing by the party owed the obligation. 

You may terminate one or more Services without affecting any other active Services, unless expressly requested by you to terminate all Services. We may terminate one or more of your Services at our discretion within 30 days’ written notice via email. The termination of a specific Service does not automatically terminate your other active Services unless stated otherwise. 

Once a Service is terminated, you will not be able to use that Service and the associated User Account may also be closed. 

If you wish to dispute any aspect of the Services (including billing), or if you wish to make a complaint about any aspect of the Services, you can do so by emailing us at info@commspec.co.

We will use best endeavours to resolve your dispute or complaint. However, if you are not satisfied with how we handle your dispute or complaint, you may refer the dispute or complaint to external parties, such as:

You agree that we may assign all or part of our rights under these Master Terms of Use to any party at any time, provided we give you 30 days’ prior written notice.

You agree and give your consent that this agreement may be novated (that is MyComms will be replaced as a party to this agreement by another party) to any other party by either us or the party to whom this agreement will be novated giving notice to you, provided that the novation is on terms no less favourable to you than the terms of this agreement immediately before the novation.

You cannot assign or novate all or part of your rights and obligations under this agreement (other than in accordance with this paragraph), unless we provide our consent in writing (which will not be unreasonably withheld).

A party is excused from performance of an obligation under these Master Terms of Use (other than payment) while prevented by Force Majeure (an act of God or other cause beyond reasonable control) if it notifies the other party and uses reasonable efforts to mitigate. That party’s obligations resume once the Force Majeure ceases.

To the extent permitted by law, this Agreement embodies the entire agreement of the parties in relation to its subject matter and supersedes any and all prior agreements, understandings, representations and undertakings, whether oral or in writing.

If any provision or part of a provision of these Master Terms of Use is held or found to be void, invalid or otherwise unenforceable (whether in respect of a particular party or generally), it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.

Without limiting any other provision of these Master Terms of Use, the parties agree that: 

Any term or condition which is expressed to survive the expiration or termination of these Master Terms of Use will survive any expiration or termination of these Master Terms of Use, including but not limited to clauses 3, 6, 7, 8, 9, 10, 11, 12, 13, and 14. 

These Master Terms of Use are governed by the laws in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts having jurisdiction in that state.