Terms of service
The short version, and the real one.
Last updated 10 September 2026. These terms are between you and Emile de la Rey trading as Napkin Group (ABN 38 586 173 074), Queensland, Australia, who operates Tusk CMS. In these terms “we” and “us” mean Napkin Group, and “Tusk” means the service at tuskcms.com. Contact: admin@oryxbga.com.
Acceptance
You accept these terms when you open a studio account, accept an invitation, or use Tusk. If you accept them for a company, agency or other business, you confirm you have the authority to bind it, and “you” means that business. If you do not agree, do not use Tusk.
What Tusk is
Tusk is a content editing service for websites you build and host yourself. We store the content your clients edit and hand it to your build. Your website is served by your own hosting. Tusk is not in the path between your visitors and your site, so a Tusk outage does not take a website down, though editing may pause. We do not host your website and we are not responsible for it.
Who these terms cover
- The customer is the developer or agency that opens a studio account. The studio is the contract with us.
- Client users are the people a studio invites to edit its sites. They are the studio’s authorised users, not our customers. The studio is responsible for them, for what they do in Tusk, and for keeping these terms in front of them.
- Client users may only use Tusk on the studio’s sites and under these terms. We have no contract with a client user and owe them no obligations beyond the privacy policy.
Accounts
- You must be at least 18 and able to enter a contract.
- Keep your sign-in details to yourself. You are responsible for everything done under your account and the accounts you invite. Tell us straight away if you think an account has been used without permission.
- Give us accurate details and keep your billing email current. Notices we send to that address count as given.
Free trial
Every new studio starts with a 14-day free trial. No card is needed. When the trial ends without a plan, editing pauses until one is chosen. Content already published stays on your own hosting. We can change or withdraw the trial for new studios at any time, and may limit one trial per business.
Plans and prices
- Developer: US$49 per month, 2 live sites.
- Agency: US$149 per month, 10 live sites.
- Extra live sites beyond a plan’s allowance: US$15 per site per month.
- Client seats are unlimited and not charged.
- A live site is a site connected to a build and serving published content. The current plan page on tuskcms.com describes what each plan includes, and forms part of these terms.
Billing
- Plans are priced in US dollars and billed monthly in advance through Stripe. Stripe holds your card details; we never see them. By subscribing you authorise recurring charges until you cancel.
- Extra live sites are charged for each month, or part of a month, in which they are live.
- You can change or cancel a plan at any time from the dashboard or by email. Downgrades and cancellations take effect at the end of the current billing period. Upgrades take effect straight away.
- We do not refund partial months, except where the law requires it.
- Your bank may add currency conversion or international fees. They are yours.
Taxes
Prices exclude GST, VAT and similar taxes. If you are in Australia, GST is added at the current rate. If you are elsewhere and a tax applies to what we sell you, you are responsible for it, unless we are required to collect it, in which case we add it to your invoice. Give us your business tax number if you have one.
Failed payments
If a payment fails we tell you by email and keep the service running for 14 days so you can fix it. After 14 days the studio becomes read-only: you can sign in and export, but not edit or publish. Content already published stays on your own hosting. Once the outstanding amount is paid, the studio returns to normal. If it stays unpaid we may close the studio after giving you notice, and the data section below then applies.
Price changes
We can change prices and plan limits with at least 30 days’ notice by email to the studio owner. The new price applies from your first billing date after the notice period. If you do not want to pay it, cancel before then.
Acceptable use
You and your client users must not:
- upload or publish content that is unlawful, defamatory, or infringes anyone’s rights;
- upload malware or anything designed to harm or gain unauthorised access to systems;
- try to access, scrape or interfere with other studios’ data or the service itself, or probe its security without our written permission;
- resell, share or sublicense access outside your plan, for example by putting sites you do not build or manage under your studio, or running several businesses on one plan;
- send spam or bulk unsolicited messages through Tusk, or use it in a way that puts an unreasonable load on it.
Uploads are re-encoded and size-limited. We may remove content or suspend access that breaks these terms and will tell you when we do, unless the law stops us.
Your content, and your clients’ content
- Content stays yours, or your client’s. You give us a licence to store it, process it, back it up and deliver it to your build, and nothing more.
- You are responsible for all content in your studio, including what your clients upload. You confirm you and your clients have the rights needed to put that content on the websites it is for.
- You are responsible for the websites you build with Tusk, for their compliance with the laws that apply to you and your clients, and for your own agreements with your clients. We are not a party to those.
- If someone claims content in your studio infringes their rights, you handle the claim and cover any loss we suffer because of it.
Intellectual property
- We own Tusk: the software, the editor, the design and the name. You get a non-exclusive licence to use it under these terms while your studio is open. You may not copy it, reverse-engineer it or build a competing service from it.
- If you send us ideas, suggestions or feedback, we can use them freely without owing you anything.
Availability and support
We aim to keep Tusk available at all times but do not promise it. We may take it offline for maintenance, and we may change or retire features with notice. Support is by email at admin@oryxbga.com. Tusk is provided as is. To the extent the law allows, we make no promises that it is error-free, uninterrupted or fit for a particular purpose. Keep your own copies of anything you cannot afford to lose.
Liability
- To the extent the law allows, our total liability for anything arising from Tusk or these terms is limited to the fees you paid us in the 12 months before the claim.
- To the extent the law allows, neither side is liable to the other for indirect or consequential loss, or for lost profits, revenue, data or goodwill.
- Nothing in these terms excludes, restricts or changes any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where a guarantee cannot be excluded but our liability for breaching it can be limited, it is limited, at our choice, to supplying the service again or paying the cost of having it supplied again.
Suspension and termination
- You can close a studio account at any time from the dashboard or by email. No refund is due for the rest of the period.
- We can suspend or close a studio for breach of these terms with notice, or immediately if the breach is serious, for example unlawful content, security abuse or unpaid fees after notice. We can also close a studio with 30 days’ notice if we stop offering Tusk.
- We may suspend access without notice if we reasonably think it is needed to protect the service, other customers or the law, and we will tell you as soon as we can.
Your data when it ends
You can export everything in your studio as a zip file at any time from the dashboard, including while read-only. When a studio is closed, by you or by us, we keep its data for 30 days so you can export it, then delete its sites, content, media, client seats and activity. Copies in backups are removed as the backups roll over. Content already published stays on your own hosting.
Privacy
How we handle personal information is set out in our privacy policy, which forms part of these terms. Studios are responsible for telling their clients how their information is used and for having the right to invite them.
Changes to these terms
We may update these terms. Changes that matter are announced by email to studio owners at least 14 days before they apply. Other changes take effect when we post them here. If you keep using Tusk after a change applies, you accept it. If you do not, close your studio before then.
General
- These terms are the whole agreement between us about Tusk. If one part cannot be enforced, the rest still applies.
- Neither side is liable for delay caused by events outside its reasonable control.
- You may not transfer your studio to someone else without telling us. We may transfer these terms to a business that takes over Tusk, and we will tell you if we do.
Governing law
These terms are governed by the laws of Queensland, Australia. Disputes go to the courts of Queensland and the courts that hear appeals from them, and both sides accept that. If you are a consumer under the law of another country, this does not remove protections that law gives you.
Contact
Emile de la Rey trading as Napkin Group, ABN 38 586 173 074, Queensland, Australia. admin@oryxbga.com.