Terms & Conditions

1.1 Acceptance

These Terms and Conditions ("Terms") form a binding agreement between you ("Client", "you") and TAX7 T04 PTY LTD (ABN 73 680 225 512), trading as Nymbo ("Nymbo", "we", "us", "our"). By registering for an account, subscribing to a plan, or using any of our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you should not use our services.

1.2 Key Definitions

• "Services" means the bookkeeping, tax preparation, BAS lodgement, payroll, tax planning, and related professional services provided by Nymbo, including through our AI-powered platform.
• "Platform" means the Nymbo web-based application, mobile interfaces, and any related software tools.
• "Subscription" means a recurring paid plan for ongoing bookkeeping and tax services.
• "Client Data" means all information, documents, records, and data you provide to us or that we collect on your behalf in the course of providing Services.
• "AI Systems" means the artificial intelligence and machine learning tools used by Nymbo to assist in service delivery, including automated categorisation, data extraction, and suggestion engines.
• "ACL" means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "TASA" means the Tax Agent Services Act 2009 (Cth).

1.3 Electronic Consent

By using our Services, you consent to transacting electronically in accordance with the Electronic Transactions Act 1999 (Cth). Electronic communications, records, and signatures have the same legal effect as their paper-based equivalents. You may request paper copies of any document we are legally required to provide.

2.1 What Nymbo Provides

Nymbo is an AI-powered bookkeeping and tax agent service that combines advanced artificial intelligence with qualified human accountants. Our Services include:

• AI-powered bookkeeping -- automated transaction categorisation, bank reconciliation, and financial record-keeping, verified by qualified human accountants
• BAS preparation and lodgement -- quarterly or monthly Business Activity Statement preparation, including GST reconciliation and lodgement with the ATO
• Income tax return preparation and lodgement -- for individuals, sole traders, companies, trusts, partnerships, and self-managed superannuation funds (SMSFs)
• Tax planning and advisory -- strategic tax advice tailored to your circumstances
• Payroll processing -- available as an add-on service, including STP lodgement
• Platform migration -- assistance migrating from other platforms such as Xero, MYOB, or QuickBooks

2.2 AI + Human Model

Our AI Systems handle initial data processing, categorisation, and pattern recognition. Every piece of work that is lodged with the ATO or provided as a deliverable to you is reviewed and approved by a qualified, registered tax practitioner before finalisation. AI is a tool that assists our team -- it does not replace human professional judgment.

2.3 Scope Limitations

Unless expressly agreed in writing, our Services do not include:

• Legal advice or representation
• Audit or assurance services
• Financial planning or investment advice
• Services outside Australian taxation law and accounting standards

Where your needs fall outside our standard scope, we will let you know and, where possible, refer you to an appropriate specialist.

3.1 Registration

Nymbo (TAX7 T04 PTY LTD) is a registered tax agent under the Tax Agent Services Act 2009 (Cth). Our Tax Agent Registration Number is 26313222. You can verify our registration on the Tax Practitioners Board (TPB) public register at www.tpb.gov.au.

3.2 Code of Professional Conduct

We comply with the Code of Professional Conduct under section 30-10 of TASA and the Tax Agent Services (Code of Professional Conduct) Determination 2024. This means we:

• Act honestly and with integrity
• Act lawfully and in your best interests
• Provide services competently and maintain our professional knowledge
• Take reasonable care to ascertain your state of affairs and ensure taxation laws are applied correctly
• Maintain confidentiality of your information (except where required by law)
• Advise you of your rights and obligations under taxation laws relevant to the services we provide
• Maintain a System of Quality Management (SOQM) to ensure consistent service quality
• Keep proper records of the tax agent services we provide to you

3.3 Professional Indemnity Insurance

We maintain professional indemnity (PI) insurance that meets the requirements of the TPB, as required under section 30-10 of TASA.

3.4 Registration Conditions

As at the date of these Terms, there are no TPB-imposed conditions on our registration. If any conditions are imposed in the future, we will disclose them to affected clients.

3.5 Relevant Matters Disclosure

In accordance with section 45 of the Code Determination 2024, we disclose that there have been no matters identified since 1 July 2022 that could significantly influence your decision to engage or continue to engage our services.

3.6 Complaints About Our Tax Agent Services

If you have a complaint about our tax agent services, please follow the process set out in Section 13 (Dispute Resolution) below. If you are not satisfied with our internal resolution, you may lodge a complaint with the Tax Practitioners Board at www.tpb.gov.au/complaints.

4.1 Accurate Information

You must provide complete, accurate, and truthful information and documentation required for the delivery of our Services. This includes, but is not limited to:

• All income statements and PAYG payment summaries
• Records of all deductions and business expenses
• Bank statements and financial records
• Previous year tax returns (if not previously prepared by Nymbo)
• Valid identification documents as required for client verification

4.2 Timely Responses

You are expected to respond promptly to our requests for additional information or clarification. Delays in providing requested information may affect our ability to meet lodgement deadlines or service timeframes. We are not responsible for penalties or interest charges arising from late lodgement caused by your delay in providing information.

4.3 Record-Keeping

You are responsible for maintaining your own source documents (receipts, invoices, contracts, etc.) as required by the Australian Taxation Office. While we retain copies of records used in providing our Services (see Section 12), this does not replace your own record-keeping obligations under tax law.

4.4 Lawful Use

You must not use our Services for any unlawful purpose, including but not limited to tax evasion, money laundering, or the lodgement of false or misleading statements.

4.5 Account Security

You are responsible for maintaining the security of your account credentials. You must notify us immediately if you become aware of any unauthorised access to your account.

5.1 How We Use AI

Nymbo uses artificial intelligence and machine learning technology to assist in delivering our Services. Specifically, our AI Systems are used for:

• Transaction categorisation -- automatically classifying bank transactions into accounting categories
• Data extraction -- reading and extracting information from uploaded documents such as bank statements, receipts, and invoices
• Pattern recognition -- identifying recurring transactions and suggesting appropriate treatments
• Quality checks -- flagging potential errors, anomalies, or missing information
• Report generation assistance -- helping draft financial reports and tax workpapers

5.2 Human Oversight Guarantee

All AI-generated outputs are subject to human review by qualified practitioners before being finalised, lodged, or delivered to you. AI assists our accountants -- it does not operate independently. Our registered tax agents and qualified accountants review, verify, and approve all material outputs before they are acted upon.

5.3 Your Right to Human Review

You have the right to request that any aspect of your work be reviewed or handled exclusively by a human practitioner. To make this request, contact us at help@tax7.com.au. We will accommodate reasonable requests at no additional charge.

5.4 Responsibility for AI Outputs

Nymbo, as the registered tax agent, remains fully responsible for the accuracy and quality of all work delivered to you, regardless of whether AI tools were used in its preparation. The use of AI does not diminish our professional obligations under TASA or the Code of Professional Conduct.

5.5 Data Use for AI Improvement

We may use anonymised and aggregated data derived from our Services to improve the accuracy and performance of our AI Systems. No personally identifiable information or individual client data is shared with third parties for this purpose. You may opt out of this by contacting us in writing.

5.6 Automated Decision-Making Transparency

In accordance with upcoming amendments to the Privacy Act 1988 regarding automated decision-making (commencing 10 December 2026), we disclose that our AI Systems assist in making decisions that may affect your financial records, tax positions, and compliance obligations. The types of personal information used include financial data, transaction records, and tax-related information. All such decisions are subject to human review and you may contest any AI-assisted recommendation.

6.1 Subscription Plans

All prices shown are in Australian Dollars (AUD) and are GST-inclusive unless otherwise stated.

Payroll Add-on: $20 per employee per pay run (incl. GST), available on any plan.

6.2 Individual Tax Returns

• Simple Tax Return (one salary, under $300 deductions): from $99 (incl. GST)
• Standard Personal Tax Return: from $187 (incl. GST)
• Rental Property Package (1 property): from $336 (incl. GST)
• Each additional rental property: $149 (incl. GST)
• Capital Gains Tax: from $242 (incl. GST)

6.3 Billing Cycle & Auto-Renewal

Subscriptions are billed monthly or annually, depending on the plan selected. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will send you a reminder at least 14 days before each renewal.

6.4 Price Changes

We will give you at least 30 days' written notice before any change to your subscription price. If you do not agree with a price change, you may cancel your subscription before the new price takes effect, and you will not be charged the increased amount.

6.5 Cancellation

You may cancel your subscription at any time through the same channel you used to subscribe (e.g., via our website, by email at help@tax7.com.au, or by phone at 1300 166 777).

• Cancellations take effect at the end of the current billing period.
• You will continue to have access to your account and data until the end of the paid period.
• There are no early termination fees.
• For annual plans cancelled mid-cycle, a pro-rata refund will be provided for the unused portion, less the value of services already delivered.

6.6 Free Trial Offer

Where a "First Month Free" or similar trial offer is available:

• The trial is available to new customers only.
• No credit card is required to start the trial.
• You may cancel before the end of the trial at no cost.
• If you do not cancel, your subscription will commence at the standard plan price after the trial ends.
• Trial offers cannot be combined with other promotions.
• We reserve the right to modify or withdraw trial offers at any time.

7.1 Payment Methods

We accept payment by credit card, debit card, direct debit, and bank transfer. All payments are processed securely through our payment provider.

7.2 GST Treatment

All fees for our Services are subject to GST. Prices displayed on our website and in these Terms are GST-inclusive unless expressly stated otherwise. We will provide you with a valid tax invoice for each payment, issued within 28 days of request. Our ABN is 73 680 225 512.

7.3 Late Payment

Invoices for one-off services (such as individual tax returns) are due upon completion unless a payment plan has been agreed. If payment is overdue by more than 14 days, we reserve the right to:

• Suspend access to Services until the outstanding amount is paid
• Charge interest at the rate of 2% per annum above the Reserve Bank of Australia cash rate on overdue amounts
• Recover reasonable costs of debt collection if required

7.4 Payment Failure

If a scheduled payment fails, we will notify you and attempt to process the payment again within 5 business days. If payment continues to fail after reasonable attempts, we may suspend your subscription until the matter is resolved.

7.5 Fee-from-Refund Service

For individual tax returns, a fee-from-refund service is available for an additional fee of $28 (incl. GST). This allows our fees to be deducted from your ATO refund. This option is subject to eligibility and ATO processing times.

7.6 Tax Deductibility

Fees paid for the preparation and lodgement of income tax returns and managing your tax affairs are generally tax deductible. Consult your tax adviser (or us) regarding your specific circumstances.

9.1 Professional Indemnity

Nymbo maintains comprehensive professional indemnity insurance as required under TASA and TPB guidelines. This insurance covers civil liability arising from acts, errors, or omissions in providing tax agent services.

9.2 What We Do NOT Exclude

Nothing in these Terms limits or excludes our liability for:

• Consumer guarantees under the ACL that cannot be excluded
• Fraud, wilful misconduct, or gross negligence
• Death or personal injury caused by our negligence
• Any liability that cannot be limited by law

9.3 Liability Cap for Business Clients

For Services that are not ordinarily acquired for personal, domestic, or household use, and to the maximum extent permitted by section 64A of the ACL, our total aggregate liability to you for any claim arising from or in connection with these Terms is limited to the greater of:

• The total fees paid by you to us in the 12 months preceding the claim; or
• Re-supply of the relevant Services.

9.4 Exclusion of Indirect Loss

To the maximum extent permitted by law, we are not liable for indirect, consequential, special, or incidental losses, including lost profits, lost revenue, or loss of opportunity, arising from or in connection with our Services. This exclusion does not apply to consumer guarantee rights under the ACL.

9.5 Circumstances Beyond Our Control

We are not liable for losses arising from:

• Inaccurate, incomplete, or misleading information you provide
• Your failure to respond to our requests in a timely manner
• Changes in tax law, ATO rulings, or government policy after our Services have been completed
• ATO processing delays or system outages beyond our control
• Late lodgement caused by your delay in providing required information

9.6 Time Limit for Claims

Any claim against us must be made within 12 months of the date you became aware (or should reasonably have become aware) of the circumstances giving rise to the claim, subject to any longer limitation period required by law.

10.1 Privacy Policy

Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which forms part of these Terms. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

10.2 Information We Collect

In the course of providing our Services, we collect and handle:

• Personal identification information (name, address, date of birth, contact details)
• Tax file numbers (TFNs) -- handled in accordance with the Privacy (Tax File Number) Rule 2015
• Financial data (bank statements, income records, expense records)
• Business records and documentation
• Government-issued identification for verification purposes

10.3 Data Security

We implement reasonable technical and organisational measures to protect your information from misuse, interference, loss, unauthorised access, modification, or disclosure, in accordance with APP 11. This includes encrypted storage, access controls, and regular security reviews.

10.4 Notifiable Data Breaches

In the event of a data breach that is likely to result in serious harm, we will comply with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988, including notifying the Office of the Australian Information Commissioner (OAIC) and affected individuals as required.

10.5 Your Rights

You have the right to access and request correction of your personal information held by us (APPs 12 and 13). To exercise these rights, contact us at help@tax7.com.au.

10.6 Automated Decision-Making

As disclosed in Section 5, we use AI Systems that assist in making decisions about your financial records and tax positions. All automated decisions are subject to human review. For further details, refer to our Privacy Policy.

11.1 Your Data

You retain ownership of all Client Data you provide to us. This includes your source documents (receipts, invoices, bank statements), correspondence with the ATO and other authorities, and your lodged tax returns and BAS documents.

11.2 Licence to Use Your Data

By engaging our Services, you grant Nymbo a non-exclusive, revocable licence to use, process, and store your Client Data solely for the purpose of delivering our Services to you and fulfilling our professional and legal obligations.

11.3 Nymbo's Intellectual Property

Nymbo retains all intellectual property rights in the Platform, software, AI models, algorithms, templates, methodologies, and working papers we create. You receive a non-exclusive, non-transferable licence to use the Platform for the duration of your subscription. You must not reverse engineer, copy, or redistribute any part of our Platform or proprietary systems.

11.4 Data Portability

You have the right to export your Client Data from our Platform at any time. On request, we will provide your data in a commonly used, machine-readable format within a reasonable timeframe (generally within 30 days).

11.5 Lien

In accordance with common law, Nymbo may retain copies of working papers and documents we have created (but not your source documents) as security for unpaid fees. We will always return your original source documents upon request, regardless of any outstanding balance.

12.1 Retention Period

In compliance with TASA and the Code of Professional Conduct Determination 2024, we retain records of the tax agent services we provide to you for a minimum of 5 years after the date the service was completed. Records are stored securely in electronic format with appropriate backup and disaster recovery measures.

12.2 Your Right to Access Records

You may request access to your records at any time during the retention period. We will provide copies within a reasonable timeframe (generally within 14 business days). There is no charge for standard record access requests.

12.3 Post-Retention

After the 5-year retention period, we will securely destroy or de-identify records in compliance with the Privacy Act 1988. We will make reasonable efforts to notify you before destroying records that may still be of value to you.

12.4 Changing Providers

If you move to another tax agent or bookkeeper, we will cooperate in transferring your records and data to your new provider, subject to verification of your identity and the new provider's authorisation. We will not unreasonably delay or obstruct this process.

12.5 Survival

Our record retention obligations under this section survive termination of these Terms and the end of our engagement.

13.1 Internal Complaint Handling

If you have a concern or complaint, please contact us first:

• Email: help@tax7.com.au
• Phone: 1300 166 777

We will acknowledge your complaint within 1 business day and aim to resolve it within 5 business days. If we need more time, we will keep you informed of our progress.

13.2 Tax Practitioners Board

If you are not satisfied with our internal resolution of a complaint about our tax agent services, you may lodge a complaint with the Tax Practitioners Board:

• Online: www.tpb.gov.au/complaints
• The TPB will assess whether the complaint relates to tax agent services and may investigate and take action

13.3 Inspector-General of Taxation and Taxation Ombudsman

If your complaint involves the TPB itself, you may contact the Inspector-General of Taxation and Taxation Ombudsman at taxombudsman.gov.au.

13.4 Fair Trading

For general commercial disputes or fee disputes, you may contact your state or territory's fair trading or consumer affairs body (e.g., NSW Fair Trading).

13.5 Mediation

Before commencing court proceedings, either party must first attempt to resolve the dispute through mediation administered by a mutually agreed mediator, or by the Australian Disputes Centre (ADC) in Sydney. Each party bears its own mediation costs. This clause does not prevent either party from seeking urgent interlocutory relief.

13.6 Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in this clause limits your right to bring a claim in your own state or territory or to access any consumer protection mechanism available to you under law.

14.1 Termination by You

You may terminate these Terms at any time by cancelling your subscription (see Section 6.5) or by notifying us in writing that you wish to end our engagement. No early termination fees apply.

14.2 Termination by Nymbo

We may terminate or suspend our Services if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice
• You fail to pay outstanding fees after reasonable reminders
• You provide false or misleading information, or use our Services for unlawful purposes
• We are unable to complete client identification requirements (see Section 15)
• Continuing the engagement would place us in breach of our professional or legal obligations

Except where immediate termination is required by law or professional obligation, we will give you at least 14 days' written notice before terminating our Services.

14.3 Effect of Termination

• Any work in progress at the time of termination will be completed to a reasonable stage or returned to you
• You remain liable for fees for Services already delivered
• Your Client Data remains available for export for 90 days after termination, after which it is handled per Section 12
• We will cooperate with any transition to a new service provider
• Sections 9 (Liability), 10 (Privacy), 11 (IP), 12 (Record Retention), 13 (Dispute Resolution), and 15 (AML/CTF) survive termination

15.1 Our Obligations

Nymbo complies with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and is enrolled with the Australian Transaction Reports and Analysis Centre (AUSTRAC) in accordance with the Tranche 2 reforms effective from 1 July 2026.

15.2 Client Identification

Before we can provide certain Services, we are required to verify your identity (Customer Due Diligence). You must provide valid identification documents when requested. We may also request additional information for enhanced due diligence where required by our risk assessment procedures.

15.3 Right to Refuse or Terminate Service

We reserve the right to refuse to provide, or to terminate, Services if we are unable to satisfactorily verify your identity or if continuing the engagement would place us in breach of our AML/CTF obligations.

15.4 Reporting

We may be required to report certain matters to AUSTRAC. We are prohibited by law from informing you if such a report has been made (commonly referred to as a "tipping off" prohibition).

15.5 Record Retention for AML/CTF

Records relating to client identification and AML/CTF compliance are retained for a minimum of 7 years from the end of the client relationship, as required by the AML/CTF Act.

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any engagement letter or quote provided to you, constitute the entire agreement between you and Nymbo regarding the Services. They supersede all prior discussions, representations, and agreements.

16.2 Amendments

We may update these Terms from time to time. We will give you at least 30 days' notice of any material changes by email or through the Platform. Your continued use of our Services after the notice period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the changes take effect.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.4 Force Majeure

Neither party is liable for failure or delay in performing obligations due to circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, power failures, internet outages, or ATO system failures. Affected obligations are suspended for the duration of the event.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, provided the assignee agrees to be bound by these Terms.

16.6 Waiver

A failure by either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing.

16.7 Notices

All notices under these Terms may be given by email. Notices to Nymbo should be sent to help@tax7.com.au. Notices to you will be sent to the email address associated with your account. Notices are deemed received on the business day after sending.