Terms of service

About these terms

As Counted is operated by Ryan James Spencer, a sole trader in Australia, trading as As Counted (“As Counted”, “we”, “us” or “our”).

These terms are an agreement between us and the business that uses As Counted (“you”). By creating an organization, signing up, or using the service, you accept them. If you accept them for a business, you confirm you are authorised to bind it. As Counted is a service for businesses.

Our privacy policy explains how we handle personal information, and our data processing agreement forms part of these terms for any personal information we handle on your behalf.

The service

As Counted is inventory software for businesses that sell, buy, make and rent stock. It includes the web app at app.ascounted.com, its API, the command line tool (CLI) and the MCP server, and the features described on our pricing page. Features marked “coming soon” are not yet part of the service.

Accounts and access

• Each user signs in with their own account. Keep account details accurate, and do not share sign-ins.
• You decide who is a member of your organization and what role each has. You are responsible for what your members do in the service, including through the CLI, AI agents and other clients they authorise. Actions taken by a client you authorise are treated as actions of the user who authorised it.
• Keep tokens and credentials safe. A copy of the CLI's credentials file, for example, acts as a signed-in session.
• Tell us at security@ascounted.com as soon as you become aware of unauthorised access to your account.

Plans and fees

The plan, its price and what it includes are on our pricing page, unless we agree otherwise with you in writing. Prices are in US dollars. Taxes may apply where required.

Billing is being set up. We will confirm your plan and how you will be billed with you before any charge. When billing starts, fees are payable in advance for each monthly or annual period, and these terms will set out how billing, renewals and cancellation work. Our refund policy explains when we give refunds.

We may change our prices. A change will apply to you only from your next billing period after we have given you at least 30 days' notice, and you can cancel before it takes effect.

Your data

• The information you and your members put into As Counted (“customer data”) belongs to you. You give us permission to host, copy, process and display it only as needed to provide, secure and support the service for you, and as you direct, for example when you connect an integration.
• You are responsible for having the right to put customer data into the service, including any personal information about your customers, suppliers and staff.
• You can get your data out through the app, the API and the CLI while your account is open.
• We do not sell customer data or use it to advertise.

Acceptable use

You must not, and must not let anyone else:

• use the service for anything unlawful, or to store content you have no right to store;
• try to get into accounts, organizations or data that are not yours, or test or bypass our security, except as allowed by our security policy;
• overload or disrupt the service, or use it in a way that harms other customers;
• copy, resell or rent out the service, or reverse engineer it except where the law allows.

Integrations and other services

You can connect As Counted to services run by others, such as Airtable or Salesforce, and use it with AI agents and tools you choose. When you do, we exchange data with that service at your direction. Its own terms govern your use of it, and we are not responsible for how it works or what it does with your data.

Changes to the service

We improve As Counted continually, and may add, change or remove features. If a change significantly reduces what you are paying for, we will tell you before it takes effect and you may cancel. We aim to keep the service available but do not promise it will be uninterrupted or error-free, and we do not offer a service level agreement.

Ending the agreement

• You can stop using As Counted at any time.
• We may suspend access, with notice where reasonable, if you seriously breach these terms, if fees are unpaid when billing applies, or if it is needed to protect the service, our customers or others. We will restore access once the issue is resolved.
• We may end the agreement for a serious breach that is not fixed within a reasonable time after we tell you about it. We may also end it for any reason by giving you at least 30 days' notice, and will refund any fees you have paid in advance for the period after it ends.
• When the agreement ends, we will give you a reasonable opportunity to export your data, and then delete it as described in our privacy policy.

Our intellectual property

We own As Counted, its software and its brand. These terms give you the right to use the service while the agreement lasts, and nothing more. If you send us feedback, we may use it without obligation to you.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, and similar laws may give you rights elsewhere. Nothing in these terms excludes, restricts or modifies those rights. Where the law allows us to limit our liability for failing to meet a guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

Liability

To the extent the law allows, and except for the rights described under Australian Consumer Law:

• the service is provided without any warranty that is not set out in these terms;
• neither of us is liable to the other for loss of profit, revenue, goodwill or data, or for indirect or consequential loss; and
• each party's total liability under or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to liability for fraud, or to anything the law does not allow to be limited. Each party's liability is reduced to the extent the other party caused or contributed to the loss.

As Counted calculates stock availability from the information recorded in it. It is a tool to support your decisions; you remain responsible for the commitments you make to your customers.

Changes to these terms

We may update these terms. We will post the new version here with a new date. If a change is significant, we will email account owners at least 30 days before it takes effect. If you do not agree, you can stop using the service before then; if you have paid in advance, we will refund the unused part.

Governing law

These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales and courts that hear appeals from them have non-exclusive jurisdiction. Before going to court, we each agree to try in good faith to resolve a dispute by talking first.

General

• These terms, with the documents they refer to, are the whole agreement between us about the service.
• If part of these terms cannot be enforced, the rest still applies.
• Not enforcing a right straight away does not mean we give it up.
• We may transfer this agreement to a company that takes over the As Counted business, for example one formed to operate it, and will tell you if we do. You may transfer it to a business that takes over yours, by telling us.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• We send notices to the email address of your organization's owners. Send notices to us at legal@ascounted.com.

Contact

Questions about these terms: legal@ascounted.com. Anything else: hi@ascounted.com.