Class is in the process of updating its terms and conditions to better reect the nature of our current
services. The rst step in this process is to replace our application terms and conditions with this
new End User Licence Agreement (“EULA”), and to add separate data terms. During the transition
process, the new terms and conditions may not yet apply to existing users.
For further information, including the extent to which these changes apply to you, please see our
website: class.com.au/application-tc
End User Licence Agreement (EULA)
Recent changes: In December 2020, we updated this EULA. We have included a new paragraph in
section 4 regarding the use of third party electronic signature solutions with our software.
To the extent that any terms of this EULA are inconsistent with the terms of the “Software Services
Agreement” (or other separate signed agreement) between us and our Client (as dened below), the
terms of this EULA will not apply to the extent of such inconsistency.
IMPORTANT: This EULA is an agreement between you and Class Technology Pty Ltd (ABN 46 121 158
503) of Level 3, 228 Pitt Street, Sydney, New South Wales 2000 (“us”, “we” or “our”) for the use by you
of our SMSF accounting and administration software, “Class Super”, and/or our investment reporting
and administration software, “Class Portfolio” (together, the “Software”).
To proceed to use the Software, you must be (and you warrant, represent and undertake that you are)
an employee or other authorised user (“Authorised User”) of the organisation which has given you
access to access and use the Software (our “Client”). If you are not such an Authorised User, you have
no right to use the Software and should not proceed past this point. Please read this EULA carefully,
as it sets out the terms and conditions governing your use of the Software. By clicking the “accept”
button or by accessing and using the Software, you are entering into and agreeing to be bound by the
terms of this EULA, our policy regarding use of the Software, available at
class.com.au/fair-use-policy (“Use Policy”), our data breach notication protocol, available at
class.com.au/data-breach-protocol/ (“Data Breach Notication Protocol”), and our privacy policy,
available at class.com.au/privacy (“Privacy Policy”).
Our Use Policy, Data Breach Notication Protocol and our Privacy Policy are incorporated into this
EULA by reference and may be updated by us from time to time.
We will notify you of any changes to the documents referred to in the links above, or to this EULA,
when you next login to the Software.
We grant you a non-transferable and non-exclusive right to access and use the Software remotely
via the internet, and to use the specications, user manuals, training materials and collateral in
connection with the Software (“Documentation”), for the business purposes of our Client (“Approved Purpose”) strictly in accordance with the terms of this EULA.
You must comply with all applicable laws in connection with your access to and use of the Software,
and access and use the Software only in accordance with access requirements (such as user
identication and password requirements) notied to you from time to time by us or our Client.
The Software must be used in conjunction with hardware of equal or higher specications than
our minimum hardware specications, set out at class.com.au/minimum-hardware-requirements
(which we may update from time to time), and you are entirely responsible for acquiring, maintaining,
updating and properly using any computer, device, workstation terminal, other electronic device
(including a network server), and communication links and ensuring that you comply with minimum
browser requirements notied by us.
You are entirely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and
rights (including Intellectual Property Rights) of use in respect of any data, les or other information,
including Personal Information (as dened in clause 5 below), that you input, upload or store with
us in the course of using the Software (“Your Data”), including for entering or uploading Your Data
into the Software and maintaining Your Data. For the purposes of this EULA, “Intellectual Property Rights” means all industrial and intellectual property rights both in Australia and throughout the
world, whether now known or devised in the future, and for the duration of the rights including any
patents, copyright, registered or unregistered trade-marks or service marks, registered designs
and commercial names and designations, circuit layouts, database rights and rights in relation to
condential information and trade secrets, whether or not registered or registrable.
You must ensure that you have all necessary rights and consents for us to access, store, use, copy,
modify and delete (collectively, “Process”) Your Data in accordance with this EULA. You must ensure
that Your Data and our Processing of Your Data in accordance with this EULA does not give rise to any
civil or criminal liability for us.
We may allow you to use a third party (or your own) identity verication software to enable you to login
and access the Software, however, if we do so:
(i) we will not be in a position to validate any access to the Software using such identity
verication software; and
(ii) you are entirely responsible for any access to, or use or misuse of, the Software (whether by
you, our Client, another Authorised User or any other person) as a result of your use of such
identity verication software.
As part of the Software, we may provide you with the ability to upload and store les with us. We
may use anti-virus software to scan these les for viruses or other malware (Harmful Code). We may
refuse to upload les where we detect Harmful Code in them and we will notify you where we do.
Where les have already been uploaded, we will quarantine them and inform you once we have done
so, at which point you will have 5 working days to download them. If you decide to download your les,
you do so knowing they have been identied as containing Harmful Code and do so entirely at your
own risk. We may subsequently delete your les.
From time to time:
(i) the Software may be unavailable due to scheduled maintenance, system or Software
updates, upgrades or changes and operational procedures;
(ii) we may change, add or delete functions, features, performance or other characteristics
of the Software provided that the functionality or availability of the Software will not be
materially and adversely affected; and
(iii) we may deactivate your access to the Software due to systems issues.
2 Restrictions
You must not:
(i) use the Software or any support material including user manuals, specications, training
materials and collateral in connection with the Software (“Documentation”) for any purpose
other than for the purposes of our Client (“Approved Purpose”), or otherwise permit access to
the Software and Documentation by any other person;
(ii) reverse engineer or decompile the Software, unless otherwise permitted by law;
(iii) modify or alter the Software or Documentation;
(iv) sublicense the Software;
(v) sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available
to any third party the Software; or
(vi) remove, alter or obscure any identication, copyright, trademark or other proprietary
notices, labels or marks on or in the Software and the Documentation.
As between us and you, the Intellectual Property Rights, title and any other interest in the Software
(including any modications and derivative works) and the Documentation is permanently and
irrevocably vested in us, and the Software and Documentation are made available to you for the
specic purposes of this EULA and this EULA does not convey any rights of ownership in or to the
Software and Documentation.
As between us and you, the Intellectual Property Rights, title and any other interest in Your Data is
permanently and irrevocably vested in our Client. You warrant, represent and undertake that you have
granted our Client all applicable rights (including Intellectual Property Rights) necessary for our Client
to permit us to Process Your Data to the extent necessary to perform our obligations under this EULA.