Terms of Service

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and RepairTree (Confumo Pty Ltd, ABN 24 160 002 700) ("Company", "we", "us", "our"). By accessing or using the RepairTree platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Your rights under Australian law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where these Terms limit our liability, that limit applies only to the extent the law permits, and every other clause is to be read subject to this paragraph.

1. Acceptance of Terms

By creating an account, accessing, or using the RepairTree platform ("Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

RepairTree provides a cloud-based retail and repair management platform. The Service includes, but is not limited to, the following modules and features:

• Point of Sale (POS): Transaction processing, barcode scanning, receipt generation, held sales, gift cards, SIM plan sales, and payment handling
• Inventory Management: Stock tracking, stock transfers between locations, a supplier field recorded against each product, special orders with supplier name and order reference, and low-stock alerts
• Repair Tracking: Repair job creation, status workflows, device brand/model catalogues, parts tracking, customer notifications, and repair-specific invoicing
• Invoicing: Invoice creation, recurring invoices, PDF generation, payment terms, and automated invoice delivery
• Customer Relationship Management (CRM): Customer profiles, purchase history, contact management, and customer segmentation
• Marketing: Campaign creation, SMS and email marketing via third-party providers (e.g., Twilio), and customer outreach tools
• Dashboard & Reporting: Sales analytics, revenue reports, staff performance metrics, and KPI tracking
• AI-Powered Features: AI sales coaching, executive reports, natural-language analytics queries, and automated upsell recommendations
• Multi-Location Management: Multi-store support, per-location settings, staff assignment, and cross-location inventory transfers
• Staff Management: Staff accounts, role-based access control (RBAC), and activity logging

The Service is provided on a subscription basis with free and paid tiers. Except for the guarantees that apply under the Australian Consumer Law and any express commitments in these Terms, the Service is provided on an "as is" and "as available" basis.

3. Account Registration

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials
• Be at least 18 years of age or the age of majority in your jurisdiction
• Accept full responsibility for all activity that occurs under your account, including actions by staff accounts you create
• Immediately notify us of any unauthorised use of your account

You are solely responsible for maintaining the confidentiality of your account credentials and for managing staff access permissions through the RBAC system. We will not be liable for any loss, damage, or expense arising from your failure to comply with this section or from misconfigured access controls.

4. Subscription and Payment

The Service offers free and paid subscription tiers. Paid subscriptions are billed monthly per store location via Stripe and renew automatically each month until cancelled. You may upgrade, downgrade, or cancel at any time from your account; cancelling stops future renewals and your paid access continues to the end of the period you have already paid for. We do not otherwise refund a partial month where the Service was available to you. If we cancel or suspend your subscription for our own convenience, we refund the unused portion of the period you have paid for. Nothing here limits your right to a remedy where the Service has not met a consumer guarantee. Fees are stated exclusive of GST unless indicated otherwise.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Process fraudulent transactions through the POS system
• Upload false or misleading inventory, pricing, or customer data
• Attempt to gain unauthorised access to any part of the Service, other users' data, or other tenants' data
• Interfere with or disrupt the integrity, security, or performance of the Service
• Use automated systems to scrape, crawl, or extract data from the Service
• Send unsolicited marketing communications in violation of anti-spam laws using the Marketing module
• Resell, sublicense, or redistribute the Service without our prior written consent
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service

6. Your Data and Data Responsibility

You retain all ownership rights to your data, including sales records, inventory data, customer records, repair records, invoices, staff data, and any other business information you enter into the Service. We do not claim ownership of any content you submit. We will handle your data in accordance with our Privacy Policy.

6.1 Our Data Protection Practices

We maintain the following data protection and backup practices:

• Automated encrypted backups performed on a regular schedule
• Off-site backup replication for geographic redundancy
• Automated backup integrity verification and restoration testing
• Encryption of data in transit (TLS/HTTPS) and at rest
• Tenant-isolated database architecture to prevent cross-contamination
• Role-based access controls and audit logging across all modules
• Continuous infrastructure monitoring and alerting

These are the measures we take, not a guarantee that data can never be lost — no backup or security arrangement can promise that. Where we fall short of the care the law requires of us, clause 12 and your rights under the Australian Consumer Law govern what you are entitled to.

6.2 Your Responsibility

Alongside what we do, you are responsible for:

• Maintaining independent backups of all your data, including sales records, inventory data, customer records, invoices, repair job records, financial data, staff records, marketing lists, and any other information stored within the Service
• Verifying the accuracy of all POS transactions, inventory counts, invoice amounts, repair status records, and financial reporting outputs
• Implementing your own data recovery procedures independent of the Service
• Exporting your data regularly to ensure you have current copies of all critical business information
• Complying with all applicable laws regarding the storage and handling of your customers' personal data within the CRM

We recommend keeping your own copies of business-critical data rather than relying on the Service alone. After termination we keep your data available for export for 30 days as described in clause 17; after that we are not obliged to retain it.

7. Module-Specific Terms

7.1 Point of Sale

You are solely responsible for the accuracy of all transactions processed through the POS module, including prices, quantities, tax calculations, discounts, and refunds. You are responsible for your own tax filings and financial reporting, and for configuring the Service correctly — including your ABN, GST registration status and receipt details, which determine whether a receipt is issued as a tax invoice. Our responsibility for the Service itself is governed by clauses 9, 11 and 12.

7.2 Inventory Management

Stock levels, transfer records, special orders, and the supplier details you record against your products are tracked within the Service as entered by you and your staff. Because those figures come from your own data entry and stock handling, we cannot guarantee that counts match physical stock, and responsibility for stock discrepancies and shrinkage rests with you. Our responsibility for the Service itself is governed by clauses 9, 11 and 12.

7.3 Repair Tracking

Repair status workflows, device catalogues, parts tracking, and customer notifications are provided as workflow management tools. The repair work itself is yours: you are responsible for the work performed, for the devices in your custody, for the prices you set, and for giving your customers the notices Australian Consumer Law requires — including the repair notice about possible data loss and refurbished parts, which the Service prints on your job cards. Our responsibility for the Service itself is governed by clauses 9, 11 and 12.

7.4 Invoicing

Invoices generated by the Service are based on data you provide. You are solely responsible for ensuring invoices comply with applicable tax laws, business registration requirements, and accounting standards. The Company is not a financial institution and does not provide accounting, tax, or legal advice. Recurring invoices are generated automatically and you are responsible for reviewing their accuracy.

7.5 CRM & Marketing

You are solely responsible for ensuring that your use of the CRM and Marketing modules complies with all applicable privacy laws, anti-spam legislation (including the Australian Spam Act 2003), and data protection regulations. You must obtain appropriate consent before sending marketing communications, and you are responsible for penalties or claims arising from your own marketing activity. The Service records opt-outs, adds an unsubscribe link to every campaign, and includes your business details in the message footer to support your compliance — but the sender under the Spam Act 2003 is you.

7.6 Dashboard, Reporting & Analytics

Reports, charts, KPIs, and analytics outputs are derived from data you have entered into the Service. We do not guarantee the accuracy, completeness, or timeliness of any reports. You should not rely solely on the Service for financial reporting, tax compliance, or regulatory submissions.

8. AI Features Disclaimer

The Service includes AI-powered features including sales coaching, executive reports, natural-language analytics queries, and automated upsell recommendations. AI outputs are provided solely as informational suggestions and must not be treated as professional, financial, legal, or tax advice.

AI output is a suggestion for a person to check, not a decision. You are responsible for reviewing and approving AI-generated content before acting on it, and we do not warrant that any particular output is accurate or suitable for your circumstances. Our liability in connection with these features is governed by clauses 11 and 12 and by your rights under the Australian Consumer Law.

9. Data Loss and Data Integrity

Digital records can be lost or corrupted. Causes include infrastructure and hardware failure, software defects, storage or database faults, maintenance and migrations, cyberattack, third-party provider failures, import/export and integration errors, human error, and force majeure events.

We take the measures described in clause 6.1 to reduce that risk and to be able to restore your data. Where data is lost or corrupted, we will use reasonable efforts to restore it from backup, and we will tell you what happened and what was affected.

Responsibility beyond that is shared: you are responsible for keeping your own exports (clause 6.2) and for the accuracy of what you and your staff enter; our liability is limited as set out in clause 12; and nothing in this clause excludes the consumer guarantees or any other right you have under Australian law that cannot be excluded.

10. Service Availability

While we endeavour to maintain high availability, we do not guarantee uninterrupted, timely, secure, or error-free access. We may perform maintenance at any time. We aim to give reasonable notice of planned maintenance that will make the Service unavailable, and to keep unplanned outages as short as practicable. Our liability for interruptions is governed by clause 12 and by your rights under the Australian Consumer Law.

11. Warranties

The consumer guarantees under the Australian Consumer Law apply to the Service and cannot be excluded. Subject to those guarantees and to any express commitment in these Terms, we do not give other warranties — including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or that every defect will be corrected.

Where we fail to meet a consumer guarantee in relation to services, your remedies under the Australian Consumer Law may include having the services supplied again or a refund. Where the law allows us to choose, we may elect between resupplying the affected services and refunding the amount you paid for them.

12. Limitation of Liability

Subject to the paragraph on your rights under Australian law at the top of these Terms, and to the extent the law permits:

• neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings; and
• our total liability arising out of or in connection with these Terms in any 12-month period is limited to the subscription fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, to liability for death or personal injury caused by our negligence, or to our fraud or wilful misconduct. Each party must take reasonable steps to mitigate its loss.

13. Indemnity

You indemnify us against loss we suffer from a third-party claim to the extent that claim arises from:

• content or data you put into the Service in breach of these Terms or of the law;
• your use of the Marketing module in breach of anti-spam or privacy law; or
• your infringement of a third party's intellectual property rights.

This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wilful misconduct, and is reduced to the extent we failed to mitigate. We will notify you promptly of any claim, let you conduct the defence of it if you wish, and not settle it without your consent.

14. Force Majeure

Neither party is liable for a failure or delay in performing its obligations (other than an obligation to pay money) caused by an event beyond its reasonable control, including natural disasters, pandemics, war, terrorism, government action, power or internet failure, cyberattack, or third-party service disruption. The affected party must notify the other as soon as practicable and use reasonable efforts to work around the event. If it continues for more than 30 days, either party may terminate and we will refund the unused portion of any period you have paid for.

15. Third-Party Services

The Service integrates with third-party providers including Stripe (payments), Twilio (SMS/communications), AI model providers, and cloud hosting infrastructure. We are not responsible for the availability, reliability, or practices of any third-party service. Your use of third-party services is subject to their respective terms.

16. Intellectual Property

The Service and its original content, features, and functionality are the exclusive property of RepairTree. The Service is protected by copyright, trademark, and other laws of Australia. Our trademarks may not be used without prior written consent.

17. Suspension and Termination

You may cancel at any time from your account, as described in clause 4.

We may suspend your access immediately, and without prior notice, only where it is reasonably necessary to do so — for example where there is unlawful use, a security risk to the Service or other customers, a failure to pay after we have asked you to, or a legal requirement. We will tell you why as soon as reasonably practicable and restore access once the cause is resolved.

We may terminate your subscription:

• for a material breach you have not fixed within 14 days of us asking you to; or
• for our own convenience, on 30 days' written notice, in which case we refund the unused portion of any period you have paid for.

On termination your right to use the Service ends and you remain liable for charges already accrued. Your data stays available for export for 30 days after termination; we will not delete it inside that window, and we will give you notice before deleting it. Clauses that are intended to survive termination do so, including clauses 12, 13 and 16.

18. Changes to Terms

We may change these Terms. We will give you at least 30 days' notice of any change that materially affects you, by email or in the app. If you do not accept a material change, you may cancel before it takes effect and we will refund the unused portion of any period you have paid for. Continued use after the change takes effect means you accept it. Changes we make to comply with the law may take effect on shorter notice where we have no choice.

19. Dispute Resolution

If a dispute arises, the parties will first try to resolve it by good-faith discussion, and each will nominate someone with authority to settle it. If it is not resolved within 30 days, either party may commence proceedings.

Nothing in these Terms prevents you from making a complaint to a regulator such as the ACCC, your state or territory consumer protection agency, or the Office of the Australian Information Commissioner, or from bringing a claim in a tribunal or small-claims court that has jurisdiction. Either party may seek urgent injunctive relief at any time.

20. Severability & Entire Agreement

If any provision is held unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and RepairTree concerning the Service.

21. Governing Law

These Terms are governed by the laws of Queensland and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the courts able to hear appeals from them. This does not prevent you from bringing a claim in a tribunal or court in your own state or territory where the law gives you that right.

22. Contact Us

If you have questions about these Terms, contact us at legal@repairtree.app.