Legal

Terms of Use

ProductivityByPhil · ABN 48 721 872 764 · Effective date: 11 June 2026 · Version 1.0

Contents

  1. Acceptance of terms
  2. About our products
  3. Intellectual property
  4. Permitted use
  5. Prohibited conduct
  6. iOS apps and digital products
  7. Third-party links and services
  8. Australian Consumer Law — consumer guarantees
  9. Disclaimer of warranties
  10. Limitation of liability
  11. Governing law
  12. Dispute resolution
  13. Changes to these terms
  14. Severability
  15. Contact

1. Acceptance of terms

By accessing or using the ProductivityByPhil website at productivitybyphil.org, downloading any of our iOS apps, or purchasing any of our digital products, you agree to be bound by these Terms of Use and our Privacy Policy.

If you do not agree to these terms, do not use our website, apps, or products. These terms apply in addition to any terms imposed by the Apple App Store, Google Play Store, or Etsy marketplace, which also govern your use of our products on those platforms.

2. About our products

ProductivityByPhil (ABN 48 721 872 764) is a sole trader business operated by Phil Vieyra in Melbourne, Victoria, Australia. We develop and publish:

Our website is informational in nature. It does not constitute professional advice of any kind, including financial, legal, tax, or accounting advice.

3. Intellectual property

All content on this website and within our apps — including but not limited to text, graphics, logos, icons, app interfaces, code, and the ProductivityByPhil brand mark — is owned by or licensed to ProductivityByPhil and is protected by Australian and international intellectual property laws.

You may not reproduce, modify, distribute, republish, sell, or create derivative works from our content without express written permission, except as permitted under the Copyright Act 1968 (Cth) (for example, fair dealing for study, research, or review).

Our product names and the ProductivityByPhil name and mark are unregistered trademarks of Phil Vieyra. Nothing in these terms grants you any right to use our trademarks.

4. Permitted use

Subject to these terms, we grant you a limited, non-exclusive, non-transferable licence to:

5. Prohibited conduct

You must not:

6. iOS apps and digital products

iOS apps: Our iOS apps are distributed via the Apple App Store. Your download and use of any app is also subject to Apple's App Store Terms and Conditions. In-app purchases are processed by Apple; refund requests for in-app purchases must be directed to Apple through the App Store.

Subscription apps: Where an app offers a subscription (e.g. WealthTrack, B2B2GO), billing is managed by Apple's In-App Purchase system or Shopify Billing API as applicable. Subscription terms, pricing, and cancellation instructions are disclosed within the app and the relevant App Store listing. Cancelling a subscription stops future charges; it does not entitle you to a refund for the current billing period except as required by the Australian Consumer Law.

Etsy digital products: Digital products purchased via our Etsy shop are governed by Etsy's Terms of Use for Buyers in addition to these terms. Because digital products are delivered immediately upon purchase, refunds are subject to Etsy's policy and our obligations under the Australian Consumer Law (see Section 8).

App availability: We reserve the right to modify, suspend, or discontinue any app or feature at any time. We will provide reasonable notice of material changes where possible.

7. Third-party links and services

Our website and apps may contain links to third-party websites and services (including the Apple App Store, Etsy, and Instagram). These links are provided for convenience only. We do not endorse, control, or take responsibility for the content, privacy practices, or availability of third-party websites.

Your use of any third-party platform is governed by that platform's own terms and privacy policy.

8. Australian Consumer Law — consumer guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time, and, if this is not done, to cancel and obtain a refund for the unexpired portion of the service.

Nothing in these Terms of Use is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, that cannot be lawfully excluded or limited under the Competition and Consumer Act 2010 (Cth) (including Schedule 2, the Australian Consumer Law) or any other applicable law.

9. Disclaimer of warranties

To the extent permitted by law (and subject always to Section 8), our website, apps, and digital products are provided "as is" and "as available" without warranty of any kind, express or implied. We do not warrant that:

You use our website and products at your own risk.

10. Limitation of liability

To the extent permitted by law (and subject always to your rights under the Australian Consumer Law), ProductivityByPhil and Phil Vieyra will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website, apps, or digital products, even if we have been advised of the possibility of such damages.

Where liability cannot be excluded, our total liability to you for any claim arising in connection with our products or services is limited to the amount you paid for the relevant product or service (or $100 AUD if no payment was made).

This limitation does not apply to liability arising from personal injury, death, fraud, or any other liability that cannot be excluded or limited by law.

11. Governing law

These Terms of Use are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for any disputes arising in connection with these terms or our products.

12. Dispute resolution

We prefer to resolve disputes informally. If you have a dispute with us:

  1. Contact us first: Email p.vieyra@cybersecurityguy.org with a description of the issue. We will respond within 5 business days and attempt to resolve the matter within 30 days.
  2. If unresolved: Either party may refer the dispute to mediation before the Victorian Civil and Administrative Tribunal (VCAT) or another agreed mediator.
  3. Court proceedings: If mediation is unsuccessful or inappropriate, either party may commence proceedings in the courts of Victoria.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court.

13. Changes to these terms

We may update these Terms of Use from time to time. The current version and effective date are shown at the top of this page. We will notify newsletter subscribers of material changes. Continued use of our website or products after updated terms are published constitutes your acceptance of the updated terms.

14. Severability

If any provision of these terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision will be severed from these terms and the remaining provisions will continue in full force and effect.

15. Contact

ProductivityByPhil
ABN 48 721 872 764
Melbourne, Victoria, Australia
p.vieyra@cybersecurityguy.org