Legal
Terms of Service
Contents
1. Acceptance of terms
By installing, accessing, or using any software or service provided by ProductivityByPhil ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
These Terms apply to all ProductivityByPhil software including Shopify apps, web applications, and any associated websites and services.
2. Description of services
ProductivityByPhil develops and operates software applications for Shopify merchants, iOS users, and business customers. Current offerings include:
- B2B2GO — B2B Popup Offers: A Shopify embedded application that delivers targeted promotional popups to authenticated B2B wholesale buyer customers on a merchant's storefront.
- BarRosta: A web application for hospitality venues that provides staff rostering across one or more venues, tracking of worked hours, and export files in formats ready to import into payroll software. BarRosta records when people are rostered and when they worked — it does not interpret awards, calculate or store pay rates or wages, process payroll, or handle payroll money. You remain responsible for ensuring that all staff are paid correctly in accordance with the applicable award, enterprise agreement, and tax obligations.
- ClinicDispensr: A web application for natural-medicine practitioners and clinics that manages client records, prescriptions, and dispensing workflows.
We may add, modify, or discontinue features or services at any time, with or without notice, subject to any applicable refund obligations under the Australian Consumer Law.
3. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use our services. By using our services, you represent and warrant that you meet these requirements.
Our Shopify apps are intended for use by merchants operating a Shopify store and are subject to Shopify's own terms of service.
4. Your account and access
Access to our Shopify apps is managed via Shopify's authentication infrastructure. Access to our web applications is managed via the sign-in method provided by the relevant application. In each case you are responsible for maintaining the confidentiality of your credentials.
You are responsible for all activity that occurs under your account in connection with our services.
5. Acceptable use
You must not use our services to:
- Violate any applicable law, regulation, or third-party right
- Distribute spam, malware, or other harmful content
- Attempt to circumvent, disable, or interfere with security features
- Reverse engineer, decompile, or disassemble any part of our software
- Use the service in a way that imposes an unreasonable load on our infrastructure
- Misrepresent your identity or affiliation
We reserve the right to suspend or terminate access for any violation of these acceptable use requirements.
6. Shopify platform terms
Our Shopify apps operate within the Shopify platform. Your use of our apps is additionally governed by Shopify's Terms of Service and API Terms. In the event of a conflict between these Terms and Shopify's terms, Shopify's terms govern with respect to platform-level matters.
7. Intellectual property
All software, source code, designs, and content produced by ProductivityByPhil are the exclusive property of Philip Vieyra (ABN 48 721 872 764) and are protected by Australian and international copyright law.
We grant you a limited, non-exclusive, non-transferable licence to use our software solely for its intended purpose during the period you maintain an active subscription (where applicable). This licence does not include any right to sublicense, sell, or resell our software.
8. Data and privacy
Our collection and use of personal information is governed by the applicable Privacy Policy for the service you use, which forms part of these Terms. By using our services, you consent to the data practices described in that policy.
9. Subscription and payments
Where our Shopify apps include paid plans, charges are processed exclusively through Shopify's Billing API and are subject to Shopify's billing terms and your agreement with Shopify.
BarRosta subscriptions are billed monthly in Australian dollars (AUD), processed by Stripe. All amounts are exclusive of GST; GST (10%) is added on top and shown separately on your tax invoice. ProductivityByPhil is GST-registered (ABN 48 721 872 764).
Standard plan pricing: $30.00 ex GST for your first venue; $25.00 ex GST for each additional venue per month. New subscribers receive a 7-day free trial. Your payment method is captured at sign-up; the first charge is made on day 8. If a payment fails, your account is placed in read-only mode until the outstanding amount is resolved — you may retry payment or update your payment method at any time through the subscription management portal.
Cancellation: You may cancel your BarRosta subscription at any time through the subscription management portal. If you cancel during the free trial period, no charge is made and no refund applies. If you cancel after the trial period has ended and a charge has been made, we will refund the unused portion of the current billing period on a pro-rata basis to the original payment method. If you remove venues from your account without cancelling your subscription, any resulting credit is applied to your next invoice (pro-rata account credit, not a direct card refund).
We do not store your payment card details. All card information is entered directly with Stripe and never passes through or is stored on BarRosta's servers.
10. Service availability
We aim to keep our services available at all times, but we do not guarantee uninterrupted or error-free operation. We may take services offline for maintenance, updates, or unforeseen circumstances without notice.
11. No warranty
Our services are provided "as is" and "as available" without warranty of any kind.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
12. Limitation of liability
To the maximum extent permitted by law, ProductivityByPhil and Philip Vieyra are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from or relating to our services is limited to the fees paid by you to us in the three months preceding the event giving rise to the claim, or AUD $100, whichever is greater.
Where the Australian Consumer Law applies and cannot be excluded, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupply of the service or the cost of having the service resupplied.
13. Indemnification
You agree to indemnify and hold harmless ProductivityByPhil, Philip Vieyra, and any officers, employees, or contractors from any claim, loss, damage, liability, or expense (including reasonable legal fees) arising from your use of our services or your breach of these Terms.
14. Termination
You may terminate your use of our services at any time — for Shopify apps, by uninstalling the relevant app; for web applications such as BarRosta and ClinicDispensr, by cancelling your subscription or closing your account. We may suspend or terminate your access at any time if you breach these Terms or for any other reason, with or without notice.
On termination, your data will be handled in accordance with our Privacy Policy and, for Shopify apps, Shopify's mandatory GDPR data deletion requirements.
15. Governing law
These Terms are governed by the laws of Victoria, Australia. You and ProductivityByPhil submit to the exclusive jurisdiction of the courts of Victoria, Australia for any dispute arising under or in connection with these Terms.
16. Changes to these terms
We may update these Terms at any time. We will notify you of material changes by updating the effective date above. Continued use of our services after any update constitutes your acceptance of the revised Terms.
17. Contact and support
For questions about these Terms, or for general support, contact us at: admin@productivitybyphil.com
BarRosta support: email support is available 08:00–19:00 AEST/AEDT, 7 days a week. We aim to respond within 72 hours.
ProductivityByPhil · Philip Vieyra · ABN 48 721 872 764
Melbourne, Victoria, Australia