Welcome to the boring legal stuff so people dont sue us for not having this here.

Terms of Service

These Terms of Service (“Agreement”) are between Freedom Tech Solutions Pty Ltd (“FTS”) and the entity identified in the Order Form (“Customer”) on the date indicated on the Order Form (“Effective Date”); and consists of:

  • these terms and conditions;
  • the Privacy Policy;
  • Acceptable Use Policy;
  • the Order Form;
  • Freedom Tech Solutions Website Terms of Use; and
  • the applicable payment requirements.

If Customer does not agree to the terms of this Agreement, they are advised not to order or use FTS products or services.

Definitions

(unless otherwise defined herein, all capitalized terms shall have the meaning set forth in this Section 1)

  • Acceptable Use Policy: The rules associated with the use of all FTS Services located at the Acceptable Use Policy page.
  • Customer Content: Any and all information provided to FTS by Customer or Customer’s customer in connection with the access and use of Services.
  • License: The rights granted by FTS to use, access, display, run, and/or otherwise interact with Services.
  • Order Form: The form Customer completes and submits to FTS to order Services.
  • Privacy Policy: The commitment FTS makes with respect to Customer Content and privacy, located at the Privacy Statement page.
  • Service: Any services made available to Customer under this Agreement as detailed in the Order Form.
  • Term: As defined in Section 3a of this Agreement.

License to Use Services

  • License to Customer: Subject to the terms of this Agreement, FTS grants Customer a non-exclusive, non-assignable, non-sublicensable, royalty-free, limited right to access and use Services during the Term of this Agreement.
  • Customer License to FTS: Subject to the terms of this Agreement, Customer grants FTS the right to use and access Customer Content solely in connection with providing Services to Customer during the Term of this Agreement. FTS reserves all rights not expressly granted.
  • Limitations on Use: Customer shall not reverse engineer, decompile, or disassemble any Service. Customer shall not rent, lease, lend, resell, or host to or for third parties any Services, except as expressly permitted under this Agreement.

Internet Protocol (IP) Address Ownership

FTS may assign Customer a Dedicated Internet Protocol (“IP”) address in connection with Services. FTS shall maintain and manage all IP addresses that may be assigned to Customer. FTS reserves the right to change or remove any and all such IP addresses at its sole discretion.

Ownership

FTS owns various intellectual property and technology rights associated with the delivery of Services to Customer. Customer’s rights are limited to using Services granted under this Agreement. FTS does not transfer any intellectual property rights to Customer or third parties.

Term; Termination; Cancellation Policy; Refund Policy

  • Term: The initial term of this Agreement begins on the Effective Date and continues as set forth in the Order Form (“Initial Term”). This Agreement automatically renews for periods equal to the Initial Term unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current term.
  • Termination for Nonpayment: Customer’s failure to timely pay constitutes a material breach. FTS may terminate this Agreement and suspend Services if payment is not received within thirty (30) days of the due date.
  • Termination for Unprofessional Communication: Customer must maintain professionalism and respect in communications. Violations may result in immediate termination without refunds.
  • Termination for Convenience: Either party may terminate this Agreement with seven (7) days prior written notice.
  • Termination to Protect Business Interests: FTS may terminate immediately if Customer violates terms, disrupts business operations, or uses Services unlawfully.
  • Fees Payable upon Termination: If terminated by FTS for reasons stated, or by Customer for convenience, Customer must pay all fees for the Term and any additional periods agreed to. FTS will invoice the remaining balance, payable within thirty (30) days.
  • Effect of Termination: Upon termination, all rights and obligations cease, except those specified to survive termination, such as payment and confidentiality obligations.
  • Refund Policy: Our products can be returned within 14 days of the original purchase date. To be eligible for a return, the product must be in the same condition as when received and have the receipt or proof of purchase. Customers are responsible for shipping costs and bear the risk of loss or damage during shipping. If you received an incorrect item, FTS will cover return shipping costs. Refunds will be processed once the returned item is inspected and will be refunded to the original payment method. A payment processing fee of up to 5% and any shipping fees incurred may be withheld from the refund amount.

Customer Responsibilities

Customer must provide accurate and current information, maintain their own device backups, and ensure compatibility with FTS’s hardware and software. Customer is responsible for their content’s quality, performance, and compliance with applicable laws.

Customer Representations and Warranties

Customer warrants that they own or have the necessary licenses for all content used with FTS devices and services. They are responsible for ensuring that their use of FTS devices and services complies with all applicable laws, including but not limited to, laws regarding the use of software and the avoidance of pirated content. Customer must not use FTS devices and services for any unlawful activities.

Confidentiality

FTS and Customer must treat the terms of this Agreement and any confidential information shared during their business relationship as confidential. They must not disclose this information to any third party except as necessary for their business relationship.

Billing and Payment

Currently, FTS does not offer monthly subscription services. However, in the future, if such services are developed, the following terms will apply:

  • Customer will be invoiced monthly for subscription services, payable in Australian Dollars.
  • Late payments may incur fees.
  • FTS may increase fees with seven (7) days’ notice.

FTS as a Reseller or Licensor

FTS is not responsible for the performance or compliance of third-party products, such as Google Pixel Devices running a custom ROM. Customer’s rights with respect to performance and quality standards are limited to those provided by the original manufacturers for the hardware and any guarantees from the custom ROM developers. 

Disclaimer of Warranty

Services are provided “as-is” without warranties of any kind. FTS does not warrant uninterrupted or error-free services and disclaims liability for data loss or service interruptions.

Limited Warranty

FTS warrants services will be performed in a manner consistent with industry standards. Customer must notify FTS of warranty breaches within thirty (30) days. FTS’s liability is limited to re-performing defective services or issuing service credits.

Limitation of Liability

FTS’s liability is limited to the amount paid by Customer for services in the 14 days preceding the event. FTS is not liable for indirect, incidental, or consequential damages, including but not limited to loss of data, business interruption, or lost profits.

FTS is not responsible for any damage to the devices caused by misuse, accidents, negligence, unauthorized modifications, external factors, or installing apps from sources other than F-Droid and Aurora Store. This includes, but is not limited to, dropping the device, exposure to water or extreme temperatures, and physical damage.

FTS is also not responsible for any damage resulting from attempting to open the device or change the battery, unless performed by an authorized mobile repair shop. Any unauthorized attempts to open the device or change the battery will void any service agreements.

Any claims for defects or malfunctions must be verified by FTS or an authorized third party. Refunds or replacements will only be considered if the defect or malfunction is verified and deemed to be due to a manufacturing fault or software issue.

Indemnification

Customer agrees to indemnify FTS against claims arising from Customer’s use of Services or violation of this Agreement.

Miscellaneous

  • Independent Contractor: FTS and Customer are independent contractors.
  • Governing Law: This Agreement is governed by the laws of the State of New South Wales, Australia, with disputes subject to the courts of New South Wales.
  • Headings: For convenience only.
  • Entire Agreement: This Agreement supersedes all prior agreements and constitutes the entire agreement between parties.
  • Severability: If any part of this Agreement is invalid, the rest remains in effect.
  • Notices: Must be in writing and sent to the addresses provided.