CXF, a product of CXpert
Terms of Service
Last updated 21 September 2026
These Terms of Service (“Terms”) govern access to and use of the CXF platform, provided by CXpert (“CXpert”, “we”, “us”, or “our”), an Australian business based in Adelaide, South Australia. By creating an account, subscribing to a plan, or otherwise using CXF (the “Service”), the person or organisation doing so (“Customer”, “you”, or “your”) agrees to be bound by these Terms.
If you are entering into these Terms on behalf of an organisation, you confirm that you have the authority to bind that organisation, and “you” refers to that organisation.
If you do not agree to these Terms, do not create an account or use the Service.
1. Definitions
“Service” or “CXF” means the customer and employee experience survey and analytics platform operated by CXpert, including all associated websites, applications, and support services.
“Account” means the organisation-level account created by Customer to access the Service.
“Authorised User” means an individual authorised by Customer to access the Service under Customer’s Account, such as an employee or contractor of Customer.
“Respondent” means an individual who completes a survey distributed through the Service, whether a customer or employee of Customer.
“Customer Data” means all data submitted to or generated within the Service by Customer, Authorised Users, or Respondents, including survey questions, survey responses, and organisation configuration data.
“Subscription” means Customer’s paid access to the Service under a plan described on CXpert’s pricing page or agreed separately in an Enterprise arrangement.
2. The Service
CXF allows Customer to create, distribute, and analyse customer and employee experience surveys. The specific features available to Customer depend on Customer’s Subscription plan and audience scope (customer surveys, staff surveys, or both), as described on CXpert’s pricing page from time to time.
CXpert may add, change, or remove features of the Service at its discretion, and will use reasonable efforts to communicate material changes that reduce the functionality available to Customer under an active Subscription.
3. Accounts and Registration
Customer must provide accurate, current information when creating an Account and must promptly update that information if it changes. Customer is responsible for maintaining the confidentiality of Account credentials and for all activity that occurs under its Account, including activity by its Authorised Users.
Customer must notify CXpert promptly of any unauthorised use of its Account.
4. Subscriptions, Free Trials, and Billing
4.1 Subscription Plans
The Service is offered under tiered Subscription plans, priced according to organisation size and the audience scope selected (customer surveys only, staff surveys only, or both), as set out on CXpert’s pricing page. CXpert may change its pricing from time to time; a price change will not apply to Customer’s then-current billing period but may apply to subsequent renewals, with reasonable advance notice.
4.2 Free Trial
New Subscriptions may include a free trial period, currently 30 days, as displayed at the time of sign-up. A valid payment method is required to begin a free trial. Unless Customer cancels before the trial ends, the Subscription will automatically convert to a paid Subscription and Customer’s payment method will be charged for the first billing period.
CXpert may change the length or availability of free trials at its discretion, and may decline to offer a free trial to an organisation that has previously received one.
4.3 Payment
Subscription fees are billed in advance, either monthly or annually as selected by Customer, via CXpert’s third-party payment processor. Customer authorises CXpert to charge its payment method for all fees due. All fees are exclusive of applicable taxes unless stated otherwise.
4.4 Cancellation
Customer may cancel its Subscription at any time via the billing management tools available in the Service. Cancellation takes effect at the end of the then-current billing period; Customer retains access to the Service for the remainder of that period, and will not be charged again after cancellation takes effect.
4.5 Refunds
Except as required by the Australian Consumer Law or other applicable law, fees already paid are non-refundable, including for any unused portion of a billing period following cancellation or downgrade.
4.6 Failed or Late Payment
If a payment fails, CXpert (via its payment processor) may retry the charge and may suspend or restrict access to the Service until payment is received.
4.7 Enterprise Plans
Organisations on an Enterprise plan are subject to the pricing, payment terms, and any additional terms set out in a separate written agreement or order form with CXpert, which will take precedence over this Section 4 to the extent of any conflict.
5. Customer Data
5.1 Ownership
As between the parties, Customer owns all Customer Data. CXpert does not claim ownership of Customer Data.
5.2 Licence to CXpert
Customer grants CXpert a licence to host, process, and use Customer Data solely as necessary to provide, maintain, and improve the Service, and as otherwise described in CXpert’s Privacy Policy.
5.3 Respondent Anonymity
Where the Service presents aggregated survey results, individual Respondent responses are subject to minimum-sample-size and other anonymity safeguards described in CXpert’s documentation, designed to reduce the risk that an individual Respondent could be identified from aggregated data. Customer acknowledges these safeguards are a design feature of the Service and agrees not to attempt to circumvent them or to use the Service in a manner intended to identify an individual Respondent from aggregated results.
5.4 Data on Termination
Following termination of Customer’s Subscription, CXpert will make Customer Data available for export for 30 days, after which CXpert may delete Customer Data from its systems, except where retention is required by law.
6. Acceptable Use
Customer must not, and must not permit any Authorised User or third party to:
- use the Service for any unlawful purpose, or in a way that infringes the rights of any third party;
- attempt to gain unauthorised access to the Service, other accounts, or CXpert’s systems;
- reverse-engineer, decompile, disassemble, scrape, or otherwise attempt to extract the source code, underlying methodology, or non-public data of the Service;
- use automated means, including AI agents or crawlers, to replicate, copy, or create a derivative or competing product from the Service or its content;
- resell, sublicense, or provide access to the Service to any third party without CXpert’s prior written consent;
- upload or transmit any content that is unlawful, defamatory, or infringes the intellectual property or privacy rights of others;
- interfere with or disrupt the integrity or performance of the Service.
CXpert may suspend or terminate access to the Service, immediately and without notice, for any breach of this Section 6.
7. Intellectual Property
CXpert and its licensors own all right, title, and interest in and to the Service, including its software, design, methodology, and all associated intellectual property rights. Except for the limited rights expressly granted under these Terms, no rights in the Service are granted to Customer.
Nothing in these Terms transfers ownership of Customer Data or Customer’s own trademarks or content to CXpert.
8. Confidentiality
Each party may have access to non-public information of the other party in connection with the Service (“Confidential Information”). Each party agrees to use the other’s Confidential Information only as necessary to perform its obligations under these Terms, and to protect it with at least the same degree of care it uses to protect its own confidential information of similar importance, but no less than reasonable care.
Confidential Information does not include information that is or becomes publicly available other than through breach of these Terms, was already known to the receiving party without an obligation of confidentiality, or is independently developed without use of the disclosing party’s Confidential Information.
9. Service Availability
CXpert will use reasonable efforts to make the Service available, but does not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time for maintenance, updates, or reasons outside CXpert’s reasonable control.
10. Warranties and Disclaimers
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.
11. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service.
To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid or payable by Customer to CXpert in the twelve (12) months preceding the event giving rise to the claim.
Nothing in this Section 11 limits either party’s liability for death or personal injury caused by its negligence, fraud, or any liability that cannot lawfully be limited or excluded.
12. Indemnification
Customer agrees to indemnify and hold CXpert harmless from any claims, damages, or expenses (including reasonable legal fees) arising from Customer Data, Customer’s breach of these Terms, or Customer’s misuse of the Service, except to the extent caused by CXpert’s own breach of these Terms or negligence.
13. Term and Termination
These Terms remain in effect for as long as Customer maintains an Account or an active Subscription. Either party may terminate these Terms if the other party materially breaches these Terms and does not remedy that breach within a reasonable period after being notified of it.
CXpert may suspend or terminate Customer’s Account for non-payment, breach of Section 6 (Acceptable Use), or as otherwise permitted under these Terms.
Sections of these Terms that by their nature should survive termination (including Sections 5.4, 7, 8, 11, and 12) will survive.
14. Governing Law
These Terms are governed by the laws of South Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of South Australia.
15. Changes to These Terms
CXpert may update these Terms from time to time. If a change is material, CXpert will provide at least 30 days’ notice before the change takes effect, by email or a notice within the Service. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
16. General
16.1 Entire Agreement
These Terms, together with CXpert’s Privacy Policy and any Enterprise agreement or order form, constitute the entire agreement between the parties regarding the Service and supersede any prior agreements on the subject.
16.2 Assignment
Customer may not assign these Terms without CXpert’s prior written consent. CXpert may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
16.4 No Waiver
A failure by either party to enforce any provision of these Terms is not a waiver of that provision.
16.5 Notices
Notices to CXpert should be sent to the contact details below. Notices to Customer will be sent to the email address associated with its Account.
17. Contact
CXpert, ABN: 54 274 900 848
2/68 Rundle St, Kent Town, South Australia, 5067
ben@cxpert.com.au