Legal

Terms of Service

Welcome to ClaimKit! We provide software which reviews expenditure and drafts R&D tax grant claim documentation, as well as Tax Agent Services (Services), as set out in more detail on our website (Site). These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer.

Last updated: 8 June 2026

In these Terms, when we say you or your, we mean you as an individual, if you are a sole trader and are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean ClaimKit Pty Ltd (ACN 697 559 229).

These terms of service (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

Please contact us at [email protected] if you have any questions regarding these Terms, or for any notices.

Our disclosures

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy (on the Site) which sets out how we will handle your personal information;
  • clause 1.7 (Variations) which sets out how we may amend these Terms;
  • clause 6 (Disclaimer) which clarifies what we are not responsible for when performing the Services;
  • clause 7 (Tax Agent Services) which sets out our professional obligations when performing Tax Agent Services, as well as your responsibilities;
  • clause 12.1 (Auto-renewal) which sets out how our Services will automatically renew; and
  • clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

  1. These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term). You accept these Terms by signing the quote document we provide to you following your initial scoping call (Quote).
  2. Subject to your compliance with these Terms, we will provide you with access to the Services.
  3. Where the Services include the provision of an application programming interface (API), you agree to only use the API in accordance with the documentation that we provide to you through our Site or otherwise.
  4. We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
  5. If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
  6. Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services such as Xero, Jira, GitHub or Slack), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
  7. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.

2. Account

  1. You must sign up for an Account in order to access and use the Platform.
  2. You may invite Authorised Users to access and use the Platform under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account.
  3. While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
    1. keep your information up-to-date (and ensure it remains true, accurate and complete);
    2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
    3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
  4. If you close your Account, you and your Authorised Users will lose access to the Services.

3. Fees

  1. Details of our Fees are set out in the Quote.
  2. Our Fees are structured based on the Services provided:
    1. for access to the Platform — a software access fee, as set out in the Quote, payable upfront upon signing the Quote; and
    2. for access to the Tax Agent Services — a service fee, being the greater of (1) the minimum fee set out in the Quote, and (2) the agreed percentage of your R&D tax benefit received, as set out in the Quote, which shall be invoiced upon lodgement of your R&D tax incentive application.
  3. If an audit of your R&D tax incentive application is required, this falls outside the scope of our standard Services. We will notify you of the applicable fees for audit assistance, and such assistance will only be provided upon your written request and agreement to those additional fees.
  4. Our payment methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
  5. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
  6. For the avoidance of doubt, all Fees set out in your Quote are payable in accordance with these Terms regardless of the outcome of your R&D tax incentive application, including where your application is rejected, partially approved, withdrawn or subject to audit, and irrespective of whether any R&D tax benefit is received.
  7. If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
    1. suspend your access to the Services; and
    2. charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
  8. You are responsible for paying any levies or taxes associated with your use of the Services, for example GST, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

4. Licence

  1. During the Term, we grant you and your Authorised Users a right to use our Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
  2. You must not (and you must ensure that your Authorised Users do not):
    1. access or use the Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
    2. interfere with or interrupt the supply of the Platform, or any other person’s access to or use of the Platform;
    3. introduce any viruses or other malicious software code into the Platform;
    4. use any unauthorised or modified version of the Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Platform;
    5. attempt to access any data or log into any server or account that you are not expressly authorised to access;
    6. use the Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
    7. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
    8. access or use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
  3. If the Platform includes API access, you may use any provided APIs in accordance with our API documentation and usage policies. You may make necessary modifications to facilitate such integration, provided that such modifications do not alter or compromise the core functionality or security of the Platform.

5. Availability, Disruption and Downtime

  1. While we strive to always make the Platform available to you, we do not make any promises that these will be available 100% of the time. The Platform may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
  2. The Platform may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
  3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Platform.

6. Disclaimer

  1. The Services (excluding the Tax Agent Services) are provided as a software tool only and do not constitute, and are not a substitute for, professional tax, financial, legal or risk management advice. You should seek independent professional advice before making any decisions based on outputs generated by the Services.
  2. Where the Services use artificial intelligence or automated processes to identify, categorise or calculate R&D expenditure or activities, those outputs are indicative only. You are solely responsible for verifying the accuracy, completeness and eligibility of all information generated by or submitted through the Services.
  3. We do not warrant or agree that:
    1. any R&D tax incentive application submitted through or with the assistance of the Services will be approved by AusIndustry or the ATO;
    2. the amount of any R&D tax benefit received will match any estimate generated by the Services; or
    3. the Services will be free from errors or interruptions.
  4. You acknowledge and agree that the accuracy and completeness of Your Data is your sole responsibility, and that we are not liable for any loss, damage or negative claim outcome arising from inaccurate, incomplete or misleading information you provide to us or upload into the Platform.
  5. To the maximum extent permitted by law, we are not liable for any loss or damage arising from your reliance on any output, recommendation or calculation generated by the Services, where such output is not provided as part of the Tax Agent Services.

7. Tax Agent Services

  1. This clause applies only where you have purchased Tax Agent Services from us as set out in your Quote. If you have not purchased Tax Agent Services, this clause does not apply to you. We will only provide Tax Agent Services in respect of the client entities identified in your Quote. You acknowledge that our advice and outputs are prepared solely for your benefit and may not be relied upon by any third party without our prior written consent.
  2. We are a registered tax agent regulated under the Tax Agent Services Act 2009 (Cth) (TASA) and the Tax Practitioners Board (TPB) Code of Professional Conduct (Code). In providing the Tax Agent Services, we will operate in accordance with the Tax Agent Services Instrument 2016 under TASA, the TPB Code of Professional Conduct, and all other applicable laws and regulations governing registered tax agents in Australia.
  3. In fulfilling our obligations as a registered tax agent, we will use our best endeavours to:
    1. understand your requirements in connection with your R&D tax incentive application;
    2. provide the Tax Agent Services with reasonable skill and care;
    3. maintain sufficient and appropriate records of the Tax Agent Services performed; and
    4. provide the Tax Agent Services confidentially and in a proper and professional manner.
  4. We have a duty to act in your best interests, except where that duty is inconsistent with our duty to act in the public interest.
  5. We will advise you of your rights and obligations under applicable taxation laws in relation to the Tax Agent Services we provide to you.
  6. We maintain professional indemnity insurance of at least the minimum amount prescribed by law.
  7. Prior to and during the provision of Tax Agent Services, we will use our best endeavours to ensure there is no conflict of interest in our engagement with you. You must immediately notify us if you become aware of any actual or potential conflict of interest during the course of our engagement. If a conflict of interest arises, we will notify you and take appropriate steps to resolve it in accordance with applicable law. If the conflict cannot be resolved to an acceptable level, we may be required to cease providing the Tax Agent Services to you.
  8. An important feature of TASA is the provision of a “safe harbour” protection from penalties for taxpayers who engage registered tax agents. To obtain the benefit of safe harbour protection, you must provide us with all relevant taxation information to enable accurate statements to be made to the ATO. You acknowledge that safe harbour protection may not apply if you fail to provide complete and accurate information.
  9. You acknowledge that Australia operates under a self-assessment system for taxation. This means that:
    1. you are responsible for the accuracy of all information submitted to the ATO, including any R&D tax incentive application lodged on your behalf;
    2. you have rights of objection and appeal in respect of any ATO assessment or decision; and
    3. where we have prepared any application or statement in reliance on a binding ruling issued by the Commissioner of Taxation, we will advise you accordingly.
  10. In connection with the Tax Agent Services, you agree to:
    1. provide us with accurate, complete and timely information necessary for the preparation and lodgement of your R&D tax incentive application;
    2. accept responsibility for the reliability, accuracy and completeness of all information and documentation you provide to us;
    3. confirm that all R&D activities and expenditure represented in your application are a true and accurate reflection of your business activities; and
    4. authorise us to communicate with and obtain information from the ATO, AusIndustry or any other relevant authority as necessary to provide the Tax Agent Services.
  11. Unless expressly agreed in writing, the Tax Agent Services do not include:
    1. audit support or representation in connection with any ATO or AusIndustry audit or review of your R&D tax incentive application. If an audit occurs, we will notify you of the applicable fees for audit assistance, and such assistance will only be provided upon your written request and agreement to those additional fees;
    2. verification or assurance of the accuracy or completeness of Your Data beyond what is reasonably practicable in the course of providing the Tax Agent Services; or
    3. detection of fraud, error or non-compliance with laws and regulations within your business.
  12. We will communicate with you in relation to the Tax Agent Services primarily via the Services and by email. We will provide you with copies of all material outputs, including your completed R&D tax incentive application, prior to lodgement. You are responsible for reviewing and confirming the accuracy of all such outputs before we lodge them on your behalf.
  13. We will not be liable for any penalties, interest or other consequences arising from inaccurate or incomplete information provided by you, or from your failure to comply with your obligations under clause 7.10.
  14. We may be required by law or our professional obligations to disclose non-compliance with laws or regulations to a relevant regulatory authority where such non-compliance has a material effect on the Tax Agent Services we perform.
  15. We will retain copies of all records and documents relevant to the Tax Agent Services for a minimum period of 5 years, unless a longer period is required by law. Upon termination of these Terms or completion of the Tax Agent Services, we will return or provide you with access to your documents and records held by us, subject to any lien we may be entitled to claim at law in respect of unpaid fees.

8. Intellectual Property and Data

  1. We own all intellectual property rights in the Services (including the Platform). This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
  2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

  1. We do not own any of Your Data, but when you enter or upload any of Your Data into the Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
    1. supply the Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use the Platform), and otherwise perform our obligations under these Terms;
    2. diagnose problems with the Platform;
    3. improve, develop and protect the Services;
    4. send you information we think may be of interest to you based on your marketing preferences;
    5. perform analytics for the purpose of remedying bugs or issues with the Platform; or
    6. perform our obligations under these Terms (as reasonably required).
  2. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
  3. You are responsible for (meaning we are not liable for):
    1. the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
    2. backing up Your Data.
  4. When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
  5. If you do not provide Your Data to us, it may impact your ability to receive the Services.
  6. This clause 8 will survive the termination or expiry of these Terms.

9. Confidential Information and Personal Information

  1. While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
  2. Despite clause 9.1, either you or we may share confidential information with legal or regulatory authorities if required by law to do so. Where we are required or permitted to disclose your information to a third party (for example, the ATO or AusIndustry), we will notify you of such disclosure where permitted by law. By accepting these Terms, you consent to us disclosing your information to the ATO, AusIndustry and any other relevant authority to the extent necessary to provide the Tax Agent Services.
  3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
  4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
  5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
  6. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
  7. This clause 9 will survive the termination or expiry of these Terms.

10. Consumer Law Rights

  1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
  2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
  3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
  4. This clause 10 will survive the termination or expiry of these Terms.

11. Liability

  1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
    1. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
    2. any use of the Services by a person or entity other than you or your Authorised Users.
  2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
    1. we are not liable for any loss or damage arising from:
      1. your failure to provide accurate, complete or timely information;
      2. any ATO or AusIndustry decision in respect of your R&D tax incentive application, including any rejection, audit finding or penalty; or
      3. the acts or omissions of any third party, including any other professional adviser engaged by you.
    2. neither we or you are liable for any Consequential Loss;
    3. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
    4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates. However, where our liability is limited by a scheme approved under professional standards legislation, the details of that scheme are available upon request.
  3. This clause 11 will survive the termination or expiry of these Terms.

12. Suspension and Termination

Suspension and Auto-Renewal

  1. These Terms and your access to the Services will automatically renew on an annual basis unless either party provides written notice of non-renewal to the other party at least 30 days prior to the end of the then-current annual term, or unless otherwise agreed in writing between the parties.
  2. We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

  1. We may terminate these Terms (meaning you will lose access to the Services) if:
    1. you fail to pay your fees when they are due;
    2. you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
    3. you or your Authorised Users breach these Terms and that breach cannot be remedied;
    4. we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
    5. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
  2. You may terminate these Terms if:
    1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
    2. we breach these Terms and that breach cannot be remedied.
  3. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements, and you must pay the Fees for any Services performed (or part thereof) prior to the date of termination.
  4. Termination of these Terms will not affect any other rights or liabilities that we or you may have.
  5. This clause 12 will survive the termination or expiry of these Terms.

13. General

  1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
  2. Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. You may lodge a complaint with the TPB at www.tpb.gov.au if you are not satisfied with our response or if your complaint relates to a breach of the Code. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:
    1. where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
    2. where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
  3. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
  4. Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts.
  5. Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
  6. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
  7. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
  8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
  9. Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

14. Definitions

In these Terms:

Account
means an account accessible to the individual or entity who signed up to the Platform, under which Authorised Users may be granted with access.
ATO
means the Australian Tax Office.
Authorised User
means a user that you have invited to use the Services through your Account.
Consequential Loss
includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Fees
means the fees payable for our Services, as calculated in accordance with these Terms.
Liability
means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information
means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform
means the ClaimKit online platform, a licence to which forms part of the Services.
Services
means the services we provide to you, as detailed at the beginning of these Terms.
Tax Agent Services
means the tax agency services you may elect to purchase, including preparation and lodgement with the ATO, as described on our Site.
Your Data
means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving the Services or stored by or generated by your use of the Platform, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally available to other users of the Services.

Last updated: 8 June 2026