Terms of Service

These Terms are between the TradeOps legal operator to be published before external launch trading as TradeOps AI ("TradeOps", "we", "us") and the business or organisation subscribing to or using the service ("Customer"). A user clicking acceptance personally agrees to comply with these Terms and, if accepting for a Customer, represents that they have authority to bind that Customer.

TradeOps is supplied for business and professional operations. Use of the service is also subject to the Acceptable Use Policy, which is incorporated into these Terms. It provides software tools for workflow administration, communications, CRM, quoting, scheduling, field work, invoicing, payments, reporting, integrations and related automation. Customers remain responsible for their business, workers, customers, pricing, workmanship, tax, payroll, accounting, employment, licensing and regulatory decisions.

We will use reasonable care and skill in providing the service. We may maintain, update, secure or change the service to improve safety, reliability, lawfulness or functionality. Internet, cloud and third-party systems can fail, so uninterrupted, error-free or lossless operation is not guaranteed. Planned material changes that substantially reduce paid functionality will be notified where reasonably practicable.

Trial, beta, preview, sandbox and newly released features may be changed, suspended or withdrawn as they mature and should not be treated as the Customer's only copy of legally critical records. TradeOps will not intentionally represent experimental functionality as certified, audited or regulator-approved when it is not. This clause does not remove any guarantee, remedy or duty that cannot lawfully be excluded.

• Keep account credentials secure, use individual accounts and ensure privileged users maintain required MFA.
• Provide accurate business, customer, tax, payroll, job and payment information and review outputs before relying on them.
• Ensure uploaded content, instructions and communications are lawful and that the Customer has necessary rights, notices and consents.
• Maintain professional licences, insurance and legal obligations applicable to the Customer’s trade or service business.
• Promptly remove access for staff who no longer require it and notify TradeOps of suspected account compromise.
• Keep independent copies of legally critical documents where prudent, including records the Customer is independently required by law to retain.

The Customer controls the recipients, content and purpose of messages sent through its account. The Customer must comply with the Spam Act 2003, Do Not Call rules and other applicable marketing/telecommunications laws, including obtaining required consent and honouring opt-outs. TradeOps may block or suppress sends that appear unlawful, unsafe or contrary to recorded opt-outs.

AI outputs can be incomplete, inaccurate or inappropriate and are not professional advice. The Customer must apply human judgment before relying on AI for material business decisions. TradeOps must not be used as the sole decision-maker for employment, credit, insurance, medical, legal eligibility or other decisions that could significantly affect an individual's rights or interests unless the Customer has separately established a lawful, transparent and appropriately reviewed process. Approval controls must not be bypassed for consequential actions.

TradeOps is software, not an accountant, tax agent, lawyer, payroll certifier or financial adviser. Calculations, exports, accounting sync, performance-pay tools and reports depend on Customer data and configuration. TradeOps does not represent that an export constitutes Single Touch Payroll filing, tax advice, audited accounts, legal compliance or professional certification. The Customer must obtain professional advice where required.

Features may depend on third parties such as cloud infrastructure, email, phone/SMS, payment processors, AI providers, Google, Xero, QuickBooks or MYOB. Third-party outages, suspensions, policy changes and account restrictions may affect those features. TradeOps is responsible for its own integration work but does not control third-party networks or services and cannot guarantee their availability or acts.

As between the parties, the Customer retains its rights in Customer Data. The Customer grants TradeOps a non-exclusive licence to host, copy, transmit, transform and otherwise process Customer Data only as reasonably necessary to provide, secure, support and improve the service, comply with law and exercise rights under these Terms. TradeOps does not acquire ownership of the Customer's underlying business records.

TradeOps and its software, workflows, interfaces, documentation, models, templates and platform improvements remain owned by TradeOps or its licensors. The Customer receives a limited, non-exclusive, non-transferable right to use the service during its subscription, subject to these Terms.

Each party will comply with privacy and security obligations that apply to it. The Privacy Policy explains TradeOps' own handling of personal information. The Data Processing Addendum sets additional rules for Customer Data processed on behalf of a Customer.

Paid plans are billed as shown at checkout or in an agreed order. Taxes and third-party usage charges may apply where stated. We may change future pricing on reasonable notice. If a recurring price materially increases, the Customer may cancel before the increase takes effect without an additional cancellation penalty. Failure of a payment method may result in reasonable access restrictions after notice.

We may suspend affected access where reasonably necessary to protect security, prevent unlawful use, address material non-payment, comply with law or prevent material harm. Where practicable, we will give notice and limit the suspension to what is reasonably necessary. Emergency security action may occur first with notice afterwards.

Either party may terminate as permitted by the applicable plan/order. A Customer may stop renewal through available billing controls. On termination, access may end after the applicable subscription period. Customers should export records they are required to keep. We may retain limited information where required by law, security, dispute, fraud-prevention or legitimate audit obligations and otherwise apply our retention/deletion practices.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law. Where the Australian Consumer Law permits liability for a failure relating to business services not ordinarily acquired for personal, domestic or household use to be limited, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having those services supplied again, to the extent fair and reasonable and permitted by law.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of opportunity, loss of goodwill or anticipated savings arising from the service. TradeOps is not liable for business losses to the extent caused by inaccurate Customer data, unauthorised Customer instructions, Customer failure to review an output, unlawful Customer communications, Customer trade/workmanship, tax/payroll/accounting decisions, or third-party systems outside TradeOps' reasonable control.

Subject to rights and liabilities that cannot lawfully be limited, TradeOps' aggregate contractual liability arising out of or in connection with the service during any rolling 12-month period is capped at the greater of (a) fees paid or payable by the affected Customer to TradeOps for the service during the preceding 12 months and (b) AUD $1,000. This cap does not limit liability for TradeOps' fraud or wilful misconduct and does not override any liability that law says cannot be limited. Each party must take reasonable steps to mitigate avoidable loss, and recoverable loss is reduced to the extent required by applicable law where a party unreasonably fails to mitigate.

TradeOps maintains reasonable security and recovery controls but no cloud system is immune from data loss, corruption, cyberattack or provider failure. The Customer should use available exports and keep separate copies of records it is independently required to retain where reasonable. A failure to maintain an independent copy does not remove any non-excludable legal right the Customer may have against TradeOps.

The Customer indemnifies TradeOps against third-party claims, regulatory costs and reasonable external legal costs to the extent caused by the Customer's unlawful Customer Data, infringement of third-party rights, unlawful marketing/communications, or deliberate misuse of the service. The indemnity is reduced to the extent TradeOps caused or contributed to the relevant loss and does not apply to loss caused by TradeOps' own breach, negligence, fraud or wilful misconduct.

Where the TradeOps operator is a company or other genuinely separate legal entity, contractual claims under these Terms are against that operator and not against its shareholders, directors, officers, employees or contractors personally. This clause does not exclude any personal liability that legislation or general law directly imposes and cannot lawfully be excluded. If the operator is a sole trader, the operator is the contracting person and this clause does not create a separate legal entity.

Neither party is responsible for delay or failure caused by events beyond its reasonable control, such as widespread cloud/network outages, natural disasters, war, government action or major infrastructure failure, provided the affected party takes reasonable steps to mitigate the impact. This does not excuse payment obligations already accrued or obligations that law says cannot be excluded.

Each party must protect the other's confidential information using reasonable care and use it only for the relationship, except where disclosure is authorised, required by law or made to bound professional advisers/subcontractors who need it.

We may update these Terms for legal, security or product reasons. Material adverse changes will be notified before taking effect where reasonably practicable. If a material change substantially disadvantages a paid Customer, the Customer may stop renewal or terminate before the change takes effect without an additional termination penalty. Continued use after the effective date constitutes acceptance where legally effective.

The parties should first try in good faith to resolve a dispute through written notice and a reasonable discussion period. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to courts with jurisdiction there, subject to any non-excludable rights regarding forum or jurisdiction.

TradeOps supplies software as an independent service provider. Nothing in these Terms creates a partnership, employment relationship, fiduciary relationship, joint venture or general agency between TradeOps and the Customer. TradeOps does not become the Customer's employer, contractor, accountant, payroll agent, tax agent, lawyer or trade-services principal merely because the Customer uses the service.

Subject to rights that cannot lawfully be excluded and liability for misleading or deceptive conduct, these Terms, the applicable order/checkout terms, the DPA and incorporated policies record the agreement about the service and replace prior inconsistent service terms. If a provision is unlawful or unenforceable, it is read down to the minimum extent necessary or severed without affecting the rest. A delay in enforcing a right is not a waiver of that right.