These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Licensee", "you", or "your") and the operators of Rake ("Provider", "we", "us", or "our"). This Agreement governs your access to and use of the Rake software application, web applications, subdomains, offline instances, and related tools (collectively, "the Software" or "Service").
By accessing, installing, licensing, registering for, or using Rake, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, partnership, or other legal entity, you represent that you have the legal authority to bind such entity. If you do not agree to these Terms, you must immediately cease accessing and using the Software.
Rake operates primarily as a client-side, local-first application. All sensitive client records, time logs, project data, billable rate structures, invoice records, Personal Services Income (PSI) assessments, and Division 7A financial models remain stored exclusively within your device's browser database (IndexedDB). Provider does not receive, host, monitor, sync, or maintain central backups of your local business records.
Because Provider does not hold copies of your local database, you bear sole and exclusive responsibility for maintaining regular backups of your data. You are advised to use Rake's built-in system backup and export utility (`.rake` / JSON exports) to routinely preserve copies of your operational records. Provider shall not be liable for any loss, corruption, deletion, or unrecoverability of data resulting from hardware failure, browser storage clearing, operating system reinstallation, malware, or device loss.
Subject to your compliance with these Terms and payment of applicable fees (or trial activation), Provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Rake for your internal business operations.
Access to full software functionality may be authorized via a cryptographic license key or token. You agree to safeguard your license key and refrain from sharing, distributing, or publishing it to unauthorized third parties. Provider reserves the right to validate license status via server entitlement checks and revoke or disable any license key determined to be shared, duplicated, fraudulent, or issued in error.
You expressly agree that you will not, directly or indirectly:
Rake incorporates complex financial reporting, Goods and Services Tax (GST) calculations, Business Activity Statement (BAS) estimates, Personal Services Income (PSI) / Personal Services Business (PSB) risk assessments, Division 7A loan modeling, salary versus dividend extraction calculators, and agency margin calculators. These features are provided solely for informational and operational reference.
Provider is not a registered Tax Agent under the Tax Agent Services Act 2009 (Cth), nor a certified accounting firm, legal practice, or licensed financial advisory service. The output generated by Rake does not constitute formal tax, legal, accounting, or financial advice. Statutory interpretations (such as ATO PSB tests or ITAA 1936 Division 7A benchmark interest rates) are based on general guidelines and simplified formulas. You must independently verify all figures with a qualified CPA, Registered Tax Agent, or legal professional prior to lodging statutory tax returns or executing corporate loan agreements. Full details are set out in our Tax & Compliance Disclaimers.
Certain features within Rake (including automated invoice summary generation, client project description crafting, and business health diagnostic reports) utilize third-party Artificial Intelligence APIs, specifically Google Gemini API.
By activating or invoking AI features, relevant prompt context (such as work log text snippets, task descriptions, or client metadata) is transmitted directly to Google's API endpoints for processing. You acknowledge and agree that:
AI-generated text may contain errors, incomplete logic, or inaccurate descriptions. You agree to inspect, edit, and approve all AI-generated content before incorporating it into client invoices, contracts, or statutory records. Provider disclaims all liability for errors or omissions in AI-generated output.
All right, title, and interest in and to Rake—including but not limited to software code, user interface designs, visual styling, icons, database architecture, algorithms, trade marks, logos, and documentation—are and will remain the exclusive property of Provider and its licensors. Nothing in these Terms grants you any ownership rights in the Software.
You retain 100% full ownership of all data, client lists, work logs, and business content created or entered by you into the Software.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts, or modifies any statutory guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded by agreement.
To the maximum extent permitted by applicable law, subject to Clause 7.1, Rake is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties, guarantees, or conditions of any kind, whether express, implied, or statutory. Provider disclaims all implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
To the maximum extent permitted by law, Provider shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, operational downtime, data loss, ATO tax reassessments, audit penalties, interest charges, or client contractual disputes, even if Provider has been advised of the possibility of such damages.
To the maximum extent permitted by law, Provider's total aggregate liability arising out of or related to these Terms, the Software, or your use thereof, whether in contract, tort (including negligence), strict liability, or otherwise, shall be strictly limited to the total fees actually paid by you to Provider for access to the Software in the twelve (12) months preceding the event giving rise to liability, or AUD $100.00, whichever is greater.
You agree to defend, indemnify, and hold harmless Provider, its officers, directors, employees, agents, and successors from and against any third-party claims, demands, liabilities, damages, losses, tax reassessments, penalties, and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or in connection with:
You may terminate your agreement with these Terms at any time by ceasing all use of the Software and utilizing the "Reset System" function within Rake's settings to wipe your local browser database.
Provider reserves the right to terminate or suspend your software license immediately, without prior notice, if you breach any material provision of these Terms. To request deletion of any server-side trial or account management data, you may contact us at connect@getrake.au.
These Terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, without giving effect to any principles of conflicts of law. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
In the event of any dispute arising under or in connection with these Terms, the parties agree to attempt in good faith to resolve the dispute through informal negotiations for a period of at least thirty (30) days prior to instituting legal proceedings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Provider reserves the right to modify these Terms at any time. Continued use of the Software following publication of modified Terms constitutes your acceptance of the changes.
If you have any questions, concerns, or notices regarding these Terms, please contact us at:
Rake Legal & Compliance
Email: connect@getrake.au
Website: https://getrake.au