Terms of Service

1. Acceptance of Terms

By accessing or using TradePilot ("the Service"), operated by TradePilot Pty Ltd (ABN pending) ("we", "our", or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Service. We may update these terms from time to time, and continued use of the Service constitutes acceptance of any changes.

2. User Accounts

To use TradePilot, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring your account information remains current and accurate

You must be at least 18 years of age and have the legal authority to enter into these terms on behalf of yourself or your business. Each account is for a single business entity. Team members may be invited to share access under your account.

3. Acceptable Use

You agree to use TradePilot only for lawful purposes related to managing your trade or service business. You must not:

• Use the Service for any illegal or fraudulent purpose
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorised access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Use the Service to send unsolicited marketing communications (spam)
• Scrape, harvest, or collect data from the Service by automated means
• Reverse engineer, decompile, or disassemble any part of the Service
• Impersonate another person or entity
• Use the Service in any way that violates Australian law or regulations

4. Payment Terms

TradePilot offers both free and paid subscription plans. For paid plans:

• All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise
• Payment is processed securely via Stripe. We do not store your credit card details
• Subscriptions are billed monthly or annually as selected at the time of purchase
• Subscriptions renew automatically unless cancelled before the renewal date
• Refunds are provided at our discretion and in accordance with Australian Consumer Law
• We reserve the right to change pricing with 30 days' notice
• If payment fails, we may suspend access to paid features until the balance is resolved

Free trial accounts are provided without charge for the trial period. No payment information is required during the trial.

5. Data Ownership

You retain full ownership of all data you enter into TradePilot, including but not limited to:

• Customer records and contact information
• Job details, schedules, and time entries
• Quotes, invoices, and financial records
• Photos, documents, and uploaded files
• Notes, communications, and business data

We do not claim ownership of your data. You grant us a limited licence to store, process, and display your data solely for the purpose of providing the Service. You may export or request deletion of your data at any time.

We may use anonymised, aggregated data (which cannot identify you or your customers) to improve the Service and generate industry insights.

6. Third-Party Integrations

TradePilot integrates with third-party services including but not limited to:

• Accounting software — Xero, QuickBooks (for syncing invoices and financial data)
• Open banking — Basiq (for connecting bank accounts under the Consumer Data Right)
• Payment processing — Stripe (for subscription billing)
• Communications — Twilio (SMS), Resend (email)
• AI services — OpenAI (for AI-powered features such as job estimates and financial recommendations)

Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, accuracy, or conduct of third-party services. You authorise us to share necessary data with these services to provide the requested features.

7. Intellectual Property

The TradePilot Service, including its design, code, features, logos, and documentation, is owned by TradePilot Pty Ltd and is protected by Australian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written consent.

8. Limitation of Liability

To the maximum extent permitted by law, TradePilot and its directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Errors or inaccuracies in AI-generated content, estimates, or recommendations
• Service interruptions, downtime, or data loss
• Actions taken based on financial recommendations or AI insights
• Errors in third-party integrations (accounting software, banking, payments)

Our total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim. Nothing in these terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, except as required by Australian Consumer Law. We do not warrant that the Service will be uninterrupted, error-free, or secure. AI-generated content (including job estimates, financial recommendations, and insights) is provided for informational purposes only and should not be relied upon as professional financial, legal, or business advice.

10. Termination

Either party may terminate this agreement at any time:

• By you — You may cancel your account at any time through the app settings. Cancellation takes effect at the end of your current billing period
• By us — We may suspend or terminate your account if you breach these terms, engage in fraudulent activity, or fail to pay outstanding fees

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days following termination, during which you may request an export. After 30 days, your data will be permanently deleted unless retention is required by law.

11. Australian Law Compliance

These terms are governed by and construed in accordance with the laws of Australia. We comply with applicable Australian legislation including:

• Privacy Act 1988 (Cth) — including the Australian Privacy Principles (APPs)
• Australian Consumer Law — Schedule 2 of the Competition and Consumer Act 2010
• Consumer Data Right (CDR) — for open banking features via CDR-accredited providers
• Spam Act 2003 — for electronic marketing communications
• A New Tax System (Goods and Services Tax) Act 1999 — for GST compliance

Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Before commencing legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation.

12. Changes to These Terms

We may update these Terms of Service from time to time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Continued use of the Service after changes become effective constitutes acceptance of the revised terms.

13. Contact Us

If you have any questions about these Terms of Service, please contact us at support@tradepilot.au