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Terms of Service

Last updated: 10/10/2026

These Terms of Service ("Terms") govern access to and use of Capistrol (the "Service"), provided by Capistrol Fintech (ABN 27 353 663 124) ("Capistrol", "we", "us"). By creating an account, accessing, or using the Service, you ("you", "the Firm") agree to be bound by these Terms. If you are agreeing on behalf of an audit firm or other organisation, you confirm you have authority to bind that organisation.

1. Description of Service

Capistrol is a software platform for Australian SMSF audit firms that helps prepare compliance workpapers, draft audit query responses, track contribution caps and TSB, and generate compliance reports. Capistrol uses AI, including large language models and retrieval-augmented generation, to draft content based on documents you upload (such as trust deeds and financial statements).

2. Not Professional Advice — Your Responsibility

Capistrol is a decision-support and drafting tool. It does not provide personalised financial advice, and outputs generated by the Service — including draft workpapers, audit query responses, compliance flags, ACR assessments, and representation letter content — are starting points, not finished professional opinions. You remain solely responsible for reviewing, verifying, and exercising independent professional judgment over any content the Service produces before relying on it, filing it, or issuing it to a client or regulator. The Service does not replace the services of a licensed financial adviser, registered tax agent, or your obligations as a registered SMSF auditor under the Corporations Act, SIS Act, and applicable auditing and ethical standards (including ASAE 3100, ASA 210, ASA 580, and APES 110).

3. Accounts, Roles & Access

Access to a trust's workspace is granted by your firm through role-based memberships (firm staff, trustee/client contacts, and time-limited external submitter access scoped to a specific audit engagement). You are responsible for:

  • the accuracy of information provided when creating accounts and inviting members;
  • maintaining the confidentiality of login credentials and promptly notifying us of any unauthorised access; and
  • ensuring that only individuals authorised by your firm are granted access to a given workspace.

4. Fees, Billing & Engagement Credits

Capistrol is billed per audit engagement (one trust, one financial year) via Stripe, at the rates published or agreed with your firm at signup. Payment activates the audit-year for that engagement; usage draws down against the engagement's token allowance. Unused allowance carries over in full to the following financial year only, is non-transferable between trusts or engagements, and is not refundable except as required by law or as otherwise agreed with us in writing. Firms may purchase additional credit ("top-up") where an engagement's allowance is exhausted mid-year.

5. Your Data

You retain all ownership rights in the documents and data you upload to Capistrol ("Your Data"). You grant us a licence to host, process, and use Your Data solely to provide and improve the Service to you, as described in our Privacy Policy. You are responsible for ensuring you have the necessary rights and consents (including from trustees, members, and clients) to upload their information to the Service. We do not sell Your Data, and do not use it to train third-party general-purpose AI models.

6. Acceptable Use

You agree not to: use the Service to process data you are not authorised to handle; attempt to reverse-engineer, scrape, or interfere with the Service or its underlying models; share account credentials outside your authorised firm members; or use the Service in a manner that breaches any applicable law, including the Privacy Act 1988 (Cth), the SIS Act, or the Corporations Act 2001 (Cth).

7. Intellectual Property

Capistrol and its underlying software, models, workflows, and branding are our (or our licensors') property. Nothing in these Terms transfers ownership of the Service to you. Draft documents generated for your workspace using Your Data are yours to use for your engagement, subject to these Terms.

8. Third-Party Services

The Service relies on third-party sub-processors, including AI providers, document-processing tools, hosting, and payment infrastructure, as described in our Privacy Policy. We are not responsible for outages or errors originating from these third-party providers, though we will work to mitigate their impact on the Service.

9. Availability & Changes to the Service

We aim to keep the Service available and reliable but do not guarantee uninterrupted access. We may update, modify, or discontinue features of the Service from time to time, including to reflect changes in ATO guidance, legislation, or auditing standards. Compliance content (such as ACR thresholds and checklist libraries) is updated on a best-efforts basis and should not be treated as a substitute for checking the current legislative position.

10. Limitation of Liability

To the maximum extent permitted by law, and subject to any non-excludable consumer guarantees under the Australian Consumer Law: (a) the Service is provided "as is" without warranties of any kind, express or implied; (b) we are not liable for any indirect, consequential, or special loss arising from use of the Service; and (c) our total aggregate liability arising out of or relating to these Terms or the Service, in connection with any given trust's audit engagement, is limited to the fees actually paid by you for that trust's engagement for the financial year in which the claim arises. Nothing in these Terms limits liability that cannot be excluded by law.

11. Indemnity

You agree to indemnify and hold us harmless from claims, losses, or expenses arising from: your breach of these Terms; your reliance on Service outputs without exercising independent professional judgment; or Your Data infringing the rights of a third party or breaching applicable law.

12. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in connection with the Service, and to use it only for purposes of performing under these Terms, except where disclosure is required by law or regulatory obligation (including to the ATO or a client's SMSF auditor as part of the audit process).

13. Termination & Data on Exit

Either party may terminate an account in accordance with the agreed notice period. On termination, your workspace(s) will be archived rather than immediately deleted, and you may request export of Your Data within 30 days of termination. After that period, we may permanently delete archived data in line with our data retention procedures.

14. Governing Law

These Terms are governed by the laws of Victoria, Australia, and each party submits to the exclusive jurisdiction of its courts.

15. Changes to These Terms

We may update these Terms from time to time. We will notify firms of material changes (e.g. by email or an in-app notice) before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms can be directed to perumaal.k@gmail.com.

Disclaimer: Capistrol AI can make mistakes. It provides SMSF information and decision-support tools, not personalised financial advice. The content and tools do not replace the services of a licensed financial adviser or registered tax agent. Please check the Terms of Service and Privacy Policy.