Terms of Service

1. Agreement, scope and acceptance

These Terms are between TradePilot Pty Ltd (TradePilot, we, us) and the person or organisation subscribing to TradePilot (Customer, you). Service means the TradePilot software and associated website, Help Centre, browser, progressive web app and mobile access that we provide. Order means the plan, quote or order details that both parties accept. Authorised User means someone the Customer permits to use its workspace. Customer Data means records, files and other content submitted to or generated for the Customer in the Service.

The Customer agrees to these Terms when an authorised representative positively accepts them during sign-up, purchase or an agreed contracting process. The representative must have authority to bind the Customer. A person contracting personally must have legal capacity. Invited users must comply with the access, confidentiality and acceptable-use obligations relevant to them; they do not become personally liable for their employer's subscription fees merely by accepting an invitation.

Merely viewing this page or submitting a demonstration enquiry does not create a paid subscription. Existing customers are not retrospectively bound simply because a new version is published; section 23 governs changes.

The agreement consists of the accepted Order, these Terms, the Acceptable Use Policy and the Data Processing Terms where Customer Personal Data is processed. Mandatory law and any applicable mandatory transfer terms take priority. Expressly negotiated Order provisions take priority over general commercial wording, but do not diminish data-protection obligations unless a lawful, explicit variation is agreed. The Privacy Policy explains information handling rather than operating as blanket consent.

2. Access and service scope

We give the Customer and its Authorised Users a non-exclusive right to use the Service for the Customer's lawful business purposes during the agreed subscription, subject to permissions, plan inclusions and this agreement. The Service is licensed, not sold. Resale, sublicensing or providing a competing hosted copy requires written permission.

Features, integrations and mobile capabilities depend on the plan and configuration. A marketing illustration, proposed feature, trial or roadmap is not a promise that a feature is included in every deployment. We will not remove a material paid feature during a committed term without an appropriate alternative or the cancellation and refund protection in section 23.

3. Account administration and authorised users

The Customer must provide accurate business and contact details, nominate authorised administrators, keep the account contact current, assign access only as necessary and promptly remove access that is no longer authorised. Permissions and integrations should be reviewed when a person changes role or leaves.

The Customer is responsible for its instructions and the conduct of users it authorises to the extent within its reasonable control. It is not automatically responsible for every action of an attacker, or for conduct caused by our breach or failure to meet our obligations. Each party must take reasonable steps to prevent and mitigate unauthorised use.

Company records remain subject to the Customer's rights and third parties' legal rights. A user's removal does not automatically delete historic company records. We may reasonably verify authority when handling ownership, access or export disputes and restrict disputed access while investigating, with notice where safe and lawful. We do not determine employment, partnership or property disputes or override a binding legal order.

4. Passwords, devices and security cooperation

Use unique credentials, protect verification and recovery channels, complete the authentication required by the Service, keep devices reasonably secure and do not share accounts or bypass permissions. Protect email accounts, phone numbers, integration tokens and connected services. Tell us promptly about suspected compromise or unauthorised access.

We may require credential resets, additional verification, session revocation or proportionate restrictions where reasonably necessary to protect the Service or comply with law. We will explain restrictions where safe and lawful and restore access when the issue is reasonably resolved. Authentication reduces risk but is not a guarantee against phishing, stolen devices, SIM swapping or misuse.

Do not provide a password or one-time code to a person claiming to be support. Enter a code only into the genuine authentication process you initiated. We may ask for reasonable evidence of identity, not your secret credentials.

5. Your data and our limited processing licence

As between the parties, the Customer and its licensors retain rights in Customer Data. Individuals retain their statutory privacy rights. You grant us a limited right to host, copy, transmit, display, transform, back up and otherwise process Customer Data only to provide, support, secure and administer the Service, follow lawful instructions and meet applicable legal obligations.

This is not a sale of Customer Data and does not authorise unrelated advertising, selling personal information or using identifiable or confidential Customer Data to train general-purpose AI models. Any materially different use requires a separate lawful arrangement and appropriate notice or consent.

You must have authority and a lawful basis for the information and material you provide, give required notices, obtain required consents and ensure recipients and users are appropriately authorised. You must not instruct us to violate the law. We will tell you if an instruction appears unlawful and may pause the affected processing while it is resolved.

6. Privacy, sensitive information and regulated work

Both parties must comply with privacy, confidentiality and other laws applicable to their activities. The Customer is responsible for lawful workplace monitoring, staff notices, access decisions, communications and its retention requirements. This does not transfer TradePilot's own duties to the Customer.

Limit health, emergency-contact, licence and identity information to what is genuinely needed and lawfully collected. Do not put tax file numbers, full card details, biometric templates or unrelated medical histories in general job files or notes. Discuss any specially regulated workflow with us before using it.

Do not use the ordinary Service to store classified government information or information subject to special contractual security or residency requirements unless the required controls have been expressly agreed and verified. TradePilot is not represented as an accredited government security environment, medical record system, emergency service or safety interlock.

7. Files, malicious content and acceptable use

You must comply with the Acceptable Use Policy. In particular, do not knowingly introduce malware, ransomware, malicious documents, phishing links, abusive messages or material you are not entitled to use, and take reasonable care not to do so inadvertently.

To protect users and the Service, we may inspect relevant content or metadata, restrict file types or sizes, reject or quarantine suspicious uploads, disable harmful links or temporarily restrict affected functionality. These actions must be proportionate to the risk and consistent with privacy and confidentiality obligations. We may preserve limited evidence where reasonably needed or legally required.

Accepting, previewing, scanning or downloading a file does not certify it as safe. No file-validation or malware-detection method detects every threat. Keep devices updated and exercise care with unexpected files, links and macros. We remain responsible for our own obligations; this clause is not a blanket exclusion of liability for unsafe processing.

8. Email, SMS, notifications and impersonation

Use messaging features only for lawful purposes and with any required recipient consent. Accurately identify the sender, maintain evidence of permission where needed, provide functional unsubscribe mechanisms for commercial messages and honour opt-outs within applicable deadlines. You must not use harvested address lists or impersonate another person or business. Use branded sender IDs only with authority and any required registration.

The Customer is responsible for the content, recipients and instructions it controls, including its own SMTP or messaging connections. We remain responsible for our own conduct and applicable provider obligations. We may proportionately restrict harmful or non-compliant messaging.

Email, SMS and push notifications can be delayed, filtered, duplicated, misdirected, intercepted or not delivered. Delivery status is not conclusive proof that the intended person received or read a message. Do not rely solely on notifications for emergencies, isolation or safety actions, licence compliance, payroll deadlines or other critical tasks.

A message displaying our name, your company name or a familiar sender address may still be fraudulent. Verify unexpected payment requests and changed bank details through a separately verified channel. A suspicious email alone does not establish that TradePilot was compromised; nor does this statement rule out an incident. Report concerns promptly so they can be investigated.

9. Accuracy, automation and professional responsibilities

Check records and outputs before relying on them. This includes imported data, OCR or AI extraction, matches, tax calculations, payroll and overtime mappings, measurements, estimates, reports, signatures and compliance forms. Retain appropriate source documents and approval evidence.

The Service assists administration. It does not replace qualified advice, supervision, required inspections, physical lockout procedures, licences or your statutory obligations. A completed form or electronic sign-off does not itself prove legal compliance, a person's authority or that a physical safety action occurred. Use independent checks appropriate to the consequences of an error.

We will provide the Service with reasonable care and skill. Requiring you to review business decisions does not excuse defects or failures for which we are legally responsible.

10. Integrations and external services

Only connect services you are authorised to use. Your instructions and the permitted scopes may allow an integration to read, create, change, transmit or delete records. Review permissions, field mappings, recipients and synchronisation results; revoke access when no longer needed.

Customer-selected services such as accounting systems, email servers or app-store services have their own terms, availability and data-handling arrangements. We are not responsible for matters solely within an independent provider's control, except to the extent our breach, negligence or applicable law makes us responsible. We remain responsible for the subprocessors we appoint as required by our Data Processing Terms and law.

Provider changes can affect an integration. We will use reasonable efforts to explain a material impact and provide a practicable workaround, but cannot promise indefinite compatibility with every third-party system. Ending an integration does not automatically recall copies already transferred.

11. Fees, usage charges and payment

Your accepted Order must state the plan, inclusions, billing basis, billing period, tax treatment and any separately chargeable usage, such as SMS, additional storage, onboarding or custom work. Charges are in Australian dollars unless the Order states otherwise. The total payable and GST treatment must be disclosed before purchase; a general website illustration is not authority to impose an undisclosed charge.

Pay undisputed invoices by the agreed due date. Automatic renewal or payment collection applies only where it was clearly disclosed and agreed. A free trial does not automatically become a paid subscription without that agreement. We will give reasonable information about usage limits and changes.

Raise a genuine billing dispute promptly with enough detail to investigate and pay amounts not in dispute. We will not suspend solely for an amount genuinely disputed in good faith while both parties reasonably cooperate. Reasonable collection costs may be recovered only where agreed and lawfully recoverable, not as an arbitrary penalty.

12. Renewal, price changes and cancellation

You may cancel renewal by the cancellation method in the Service or by contacting sales@tradepilot.com.au before the next renewal. If the in-product method is unavailable, a timely written request is sufficient. Unless otherwise agreed, cancellation takes effect at the end of the current paid period and access continues until then.

Any renewal, minimum commitment or cancellation deadline must be clearly disclosed in the Order before you commit. We give at least 30 days' notice of a price increase and apply it no earlier than the next renewal after that notice, unless you separately agree to an earlier change. You can cancel before the changed price takes effect.

There is no automatic refund merely for choosing not to use an available service during an agreed paid period. This does not limit statutory remedies, refunds for our material breach, or the pro-rata refunds expressly provided in these Terms. No clause creates a general 'no refunds' rule.

13. Availability, maintenance and support

We use reasonable care and skill to operate and support the Service. Access may be affected by maintenance, faults, networks, devices, upstream services and security incidents. We do not guarantee uninterrupted access, error-free operation, a particular response time or an uptime percentage unless it is expressly included in an accepted service-level agreement.

Where practicable, we provide reasonable notice of planned material interruptions. Urgent security or recovery work may require immediate action. We take reasonable steps to reduce avoidable disruption and keep affected customers informed. No force-majeure or third-party clause removes duties that remain within our reasonable control.

Maintain a practical continuity process for urgent work when the Service or your internet connection is unavailable. Website security contact details do not represent a staffed 24-hour incident hotline.

14. Data loss, backup and restoration

Customer Data can be lost, corrupted, changed or made inaccessible through technical failure, mistaken deletion, integration behaviour, malicious activity or other incidents. We take reasonable measures to protect Customer Data and address recovery appropriate to the Service, but do not promise zero loss or a successful restore in every case.

Unless an Order expressly states otherwise, these Terms do not commit to a particular backup frequency, retention period, recovery point, recovery time or per-record restore capability. An operational backup is not necessarily a complete customer export or a permanent statutory archive.

You should keep independent copies of records critical to your business and meet your own statutory retention requirements. Use available downloads and exports and contact us about gaps; do not assume every screen or record has a complete self-service export. Your backup responsibilities do not remove our obligation to take reasonable care or any non-excludable responsibility for data loss.

Tell us promptly about missing or corrupted data. We will reasonably investigate available recovery options. We may quote for exceptional recovery work not caused by our breach, but must obtain agreement before charging. We do not charge you to remedy our own failure to meet obligations that we must remedy at our expense.

15. Imports, migration and trial environments

Before migrating or bulk-changing records, keep source copies, agree the intended scope and mappings, and reconcile record counts, dates, amounts, permissions and attachments. Some legacy formats, links or history may not transfer exactly. A migration is not complete merely because an upload reports success.

We perform any migration work we agree to provide with reasonable care and skill and disclose material limitations we identify. Do not delete the old source until the agreed checks are complete. Unless expressly agreed, a trial or test environment is not your primary production archive and should not contain unnecessary real personal information.

16. Proportionate suspension and termination for cause

We may restrict the affected part of the Service where reasonably necessary to address a material security risk, unlawful use, a binding legal requirement or a material breach. We use a less disruptive practicable response where it sufficiently addresses the risk and provide reasons and notice where safe and lawful.

For a remediable material breach, including overdue undisputed payment, we normally give written notice and at least 14 days to remedy before terminating. Immediate restriction or termination is reserved for serious risks, serious or repeated misconduct, a breach that cannot reasonably be remedied, or where required by law. A minor unrelated breach is not grounds for disproportionate loss of the entire account.

The Customer may terminate for our material breach if it is not remedied within 14 days of written notice, or sooner where the law permits. If we end an agreed paid service for convenience, we give at least 30 days' notice and refund prepaid fees for the unused period. Statutory remedies remain available.

17. After termination: export and deletion

Subject to lawful restrictions and security verification, the Customer has 30 days after the effective end of its subscription to request an export of the Customer Data still held for its workspace. This is a request window, not a guarantee of unrestricted live access or completion of every export within 30 days. We provide a reasonable opportunity to obtain that data in available, reasonably usable formats and explain material limitations.

We will not intentionally delete the remaining workspace during that window, or while a timely export request is being reasonably completed, unless the Customer instructs earlier deletion, retention is unlawful or a compelling security reason requires earlier action. We will explain a restriction where lawful and safe. Data already lawfully deleted before termination cannot necessarily be recovered.

Standard available exports are not subject to an extra fee merely because the subscription ended. Separately requested custom conversion or reconstruction may be quoted in advance. We do not use a disputed invoice to obstruct a non-excludable privacy right.

After the export opportunity, or on a lawful earlier request, we delete or de-identify Customer Data that is no longer needed, subject to legal retention and limited protected backup rotation. We explain the applicable deletion arrangements on request. Archived, financial, security or legal records may have different justified retention periods. The Privacy Policy and Data Processing Terms give further detail.

18. Confidentiality and intellectual property

Each party must protect the other's non-public information using reasonable care and use it only for this agreement or another authorised purpose. Disclosure is limited to people and providers who need it and are subject to appropriate obligations, or to lawful requirements. Public information, independently developed information and information lawfully received without restriction are excluded. These obligations continue after the agreement ends.

We and our licensors retain rights in the Service, software, branding and documentation. You must not copy, resell, reverse engineer or bypass protections except where we permit it or the law gives you a right that cannot be restricted. Reasonable use of customer-facing materials to use the Service is permitted.

You may give feedback, which we may use to improve the Service without an obligation to pay for the suggestion, but feedback does not transfer rights in unrelated confidential information or Customer Data.

19. Consumer guarantees and non-excludable rights

Nothing in this agreement excludes, restricts or modifies a guarantee, remedy, obligation or liability that cannot lawfully be excluded, restricted or modified. This includes applicable Australian Consumer Law guarantees and mandatory privacy rights. A business customer can have consumer rights; you are not required to waive them by saying the purchase is for business use.

Where a non-excludable guarantee is not met, the remedies available depend on the law and circumstances and may include rectification, cancellation, a refund or compensation. Statements that the Service is not error-free or that a backup cannot guarantee recovery do not remove those remedies.

20. Liability allocation and limits

Read this section with section 19. The limits below apply only where lawful and fair in the circumstances. They allocate commercial risk; they do not remove regulatory powers, statutory individual rights or either party's obligations to prevent and respond to harm.

Ordinary claims. Subject to the exceptions below, each party's total liability to the other for claims arising in a contract year is limited to the greater of AUD $1,000 and the Service fees paid or payable for the Customer's subscription in the 12 months immediately before the first event giving rise to those claims. If the subscription is less than 12 months old, the calculation uses fees paid or payable from its commencement. Connected events are treated as arising when the first event occurred.

Privacy, confidentiality and security claims. Where a claim arises from a party's breach of its confidentiality, privacy or agreed data-security obligations, a separate higher aggregate limit applies: the greater of AUD $10,000 and twice the ordinary limit calculated above. Such claims count against that higher limit rather than both limits. A contract year is a 12-month period starting on the subscription commencement date or an anniversary of that date.

Loss and causation. Neither party is liable to the other for loss that was not reasonably foreseeable when the agreement was made. A label such as 'indirect' or 'consequential' does not automatically exclude a reasonably foreseeable loss. In particular, reasonable direct data-restoration or incident-response costs are not excluded merely because they concern lost data; the applicable lawful cap may still apply. Each party must take reasonable steps to mitigate its loss. Liability is reduced to the extent the other party caused or contributed to that loss.

Exceptions. These limits do not apply to fraud, wilful misconduct, gross negligence, liability for death or personal injury caused by negligence, or a right or liability that cannot lawfully be limited. Agreed subscription fees properly due are payment obligations, not damages subject to the cap. No limit binds a regulator or an individual who has not agreed to it, or overrides mandatory data-protection compensation rights.

A customer needing different risk allocation, insurance requirements or recovery commitments should arrange them in an accepted written Order before relying on that protection. A higher limit is not a representation that insurance pays every claim.

21. Third-party claims arising from misuse

Subject to sections 19 and 20, the Customer indemnifies TradePilot for reasonable amounts payable to a third party, and reasonable defence costs, to the extent directly caused by the Customer's unlawful content, infringement of that third party's intellectual property rights, or the Customer's intentional or negligent material breach of its data-authority or messaging obligations.

This does not cover loss caused or increased by TradePilot's breach, negligence or misconduct, or make the Customer the insurer of every cyberattack. TradePilot must promptly notify the Customer of the claim, permit reasonable participation in the defence, mitigate loss and not agree to an admission or settlement binding the Customer without its consent, not to be unreasonably withheld. No amount may be recovered twice.

22. Events outside reasonable control

A party is excused from affected performance only to the extent prevented by an event outside its reasonable control despite reasonable precautions. It must notify the other party, reasonably mitigate the impact and resume performance when possible. Routine capacity problems or failures that reasonable security or continuity measures should have prevented are not automatically excused.

If an event substantially prevents the paid Service for 30 consecutive days, either party may end the affected service and the Customer receives a pro-rata refund of prepaid fees for the period after termination. This does not postpone a statutory remedy, excuse an existing payment properly due or displace privacy and incident-response duties that still apply.

23. Changes to this agreement

We give at least 30 days' direct notice of a material adverse change, describe the change and its proposed effective date, and provide a reasonable opportunity to download or review it. No material adverse change takes effect during an existing committed term without agreement, unless required by law or urgently needed for security.

You may reject a material adverse change by cancelling before it takes effect, without a new termination penalty, and receive a pro-rata refund for an unused prepaid period affected by the change. For an urgent legally required or security change, notice may be shorter but the reason and available choices will be explained where lawful.

We obtain acceptance where required, including at renewal or through an appropriate authorised account process. Merely editing the footer or publishing a new policy is not treated as proof of acceptance. Changes do not retrospectively remove accrued rights or validate a previous breach.

24. Notices, disputes and general provisions

Send contractual notices to sales@tradepilot.com.au. We send notices to the Customer's nominated contact using an appropriate agreed channel. Important notices must be reasonably brought to the recipient's attention; transmission alone is not conclusive receipt where the sender knows delivery failed. Keep contact details current.

Before ordinary court proceedings, the parties should try in good faith to resolve a dispute through nominated representatives. This does not prevent urgent relief, a privacy or regulator complaint, a statutory deadline or a non-excludable remedy.

New South Wales law governs this agreement, subject to mandatory applicable law. The parties submit to the non-exclusive jurisdiction of courts in New South Wales and any other court or tribunal with mandatory jurisdiction. No clause removes a consumer's mandatory local protections.

Neither party may transfer the agreement in a way that materially prejudices the other without consent. Consent must not be unreasonably withheld for a genuine business reorganisation or sale where the successor can perform the obligations and privacy protections remain in place. No waiver arises merely from delay. If a provision is unenforceable, it is severed to the extent necessary without removing the remaining lawful agreement. These Terms do not exclude a remedy for a misleading statement or fraud.