Terms of Service

2.1 Account Creation: To use our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

2.3 Suspension: We reserve the right to suspend or terminate your account and access to the Services if we believe that you have violated these Terms or engaged in any fraudulent or illegal activities.

3.1 Licence Grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your internal business purposes.

3.2 Restrictions: You agree not to:

• Modify, adapt, translate, or reverse engineer the Services
• Sublicence, resell, or distribute the Services
• Use the Services in violation of any applicable laws, regulations, or third-party rights
• Access or use the Services for any purpose other than as expressly permitted under these Terms
• Attempt to gain unauthorized access to our systems or networks

4.1 AI Phone Answering: TradieDesk provides AI-powered phone answering services designed specifically for trade businesses, including call handling, appointment booking, and lead qualification.

4.2 Service Availability: While we strive for 24/7 service availability, we do not guarantee uninterrupted access and may perform maintenance that temporarily affects service availability.

4.3 Service Modifications: We reserve the right to modify or discontinue any aspect of the Services at any time, with reasonable notice to existing customers.

5.1 Payment Terms: You agree to pay all fees and charges specified in your subscription plan, which may include monthly subscription fees, setup charges, and usage-based fees.

5.2 Payment Schedule: All fees are due and payable in advance according to your billing cycle. Late payments may result in suspension or termination of your access to the Services.

5.3 Taxes: All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all applicable taxes.

5.4 Refunds: Refunds are provided according to our refund policy as outlined in your subscription agreement.

6.1 Our Rights: We and our licencors retain all right, title, and interest in and to the Services and all associated intellectual property rights, including without limitation, trademarks, copyrights, and patents.

6.2 Customer Content: You retain ownership of any content you provide to us. You grant us a non-exclusive, worldwide, royalty-free licence to use, process, and analyze such content solely for the purpose of providing the Services.

6.3 Marketing Rights: You grant us a non-exclusive, worldwide, royalty-free licence to use your company name and logo for identifying you as a customer in our marketing materials, subject to your right to opt out.

7.1 Data Processing: We process call data and customer information in accordance with our Privacy Policy and applicable data protection laws.

7.2 Call Recordings: You acknowledge that calls may be recorded for quality assurance and AI training purposes. You are responsible for ensuring compliance with applicable recording laws in your jurisdiction.

7.3 Data Security: We implement industry-standard security measures to protect your data, but cannot guarantee absolute security.

8.1 Service Warranty: We warrant that the Services will be provided in a professional and workmanlike manner, in accordance with industry standards.

8.2 Disclaimer: Except as expressly provided in these Terms, the Services are provided "as is" and we disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 AI Limitations: You acknowledge that AI technology has limitations and may not be suitable for all situations. We do not guarantee the accuracy or appropriateness of AI responses in all circumstances.

9.1 Damages Limitation: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with the Services or these Terms.

9.2 Liability Cap: Our total liability for any claims arising out of or in connection with the Services or these Terms shall not exceed the amount of fees paid by you to us during the twelve (12) months preceding the claim.

9.3 Australian Consumer Law: Nothing in these Terms excludes, restricts or modifies any guarantee, warranty or other right that you may have under Australian Consumer Law which cannot be excluded, restricted or modified by agreement.

10.1 Termination by You: You may terminate your account and these Terms at any time by providing written notice, subject to any minimum term commitments in your subscription plan.

10.2 Termination by Us: We may terminate your access to the Services immediately upon notice if you breach these Terms or for any other reason with 30 days' written notice.

10.3 Effect of Termination: Upon termination, your right to use the Services will cease immediately, and we may delete your account and data in accordance with our data retention policies.

12.1 Governing Law: These Terms are governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles.

12.2 Jurisdiction: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

12.3 Alternative Dispute Resolution: Before initiating court proceedings, parties agree to attempt to resolve disputes through good faith negotiation and, if necessary, mediation.