Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Contoll Pty Ltd ("Contoll", "we", "us", or "our") governing your access to and use of the Contoll platform, website, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

Contoll provides a field service management platform that enables businesses to:

• Schedule and manage jobs
• Manage customer information and relationships
• Create and send quotes and invoices
• Process payments through integrated payment providers
• Send notifications and reminders via email and SMS
• Manage team members and job assignments
• Track business performance and analytics

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice where practicable.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You agree to update this information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. You must not use our Services if you have been previously suspended or removed.

4. Subscription and Payment Terms

4.1 Subscription Plans

Contoll offers various subscription plans with different features and pricing. Plan details and pricing are available on our website and may change from time to time with notice.

4.2 Free Trial

We may offer a free trial period for new users. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends. No payment information is required during the trial period.

4.3 Billing

Subscriptions are billed in advance on a monthly or annual basis depending on your selected plan. You authorize us to charge your designated payment method for all fees incurred.

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

4.5 Refunds

Subscription fees are generally non-refundable. However, if you cancel within the first 30 days of your initial paid subscription, you may request a full refund by contacting support.

4.6 Price Changes

We reserve the right to modify pricing with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle.

5. Payment Processing

Contoll integrates with third-party payment processors (currently Stripe) to enable you to accept payments from your customers.

• You are responsible for complying with the payment processor's terms of service.
• Payment processing fees are charged by the payment processor and may be passed through to you.
• Contoll charges a platform fee (currently 0.5%) on transactions processed through our platform.
• We are not responsible for disputes between you and your customers regarding payments.
• Payouts are subject to the payment processor's schedule and requirements.

6. Your Responsibilities

As a user of our Services, you agree to:

• Comply with Laws: Use the Services in compliance with all applicable laws and regulations, including tax, employment, and consumer protection laws.
• Accurate Information: Provide accurate and truthful information to your customers through our platform.
• Customer Data: Obtain necessary consents from your customers before inputting their data into our system and sending them communications.
• Service Quality: You are solely responsible for the quality of services you provide to your customers. Contoll is not a party to your customer relationships.
• Tax Compliance: You are responsible for collecting, reporting, and remitting any applicable taxes.
• Business Licenses: Maintain all necessary licenses and permits for your business operations.

7. Prohibited Uses

You agree not to use the Services to:

• Violate any laws or regulations
• Infringe on intellectual property rights of others
• Send spam, unsolicited messages, or engage in harassment
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Scrape, data mine, or collect data from our Services without permission
• Use the Services for fraudulent or deceptive purposes
• Resell or redistribute the Services without authorization
• Use the Services for illegal activities or to facilitate harm to others

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by Contoll or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our permission.

8.2 Your Content

You retain ownership of any content you upload to the Services ("Your Content"). By uploading content, you grant us a limited license to use, store, and display Your Content solely to provide the Services to you.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to compensate you.

9. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for your use of customer data in compliance with applicable privacy laws. You represent that you have obtained all necessary consents from your customers for data collection and processing through our Services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTOLL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Contoll and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or data you provide through the Services
• Disputes between you and your customers

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting support or through your account settings. Upon termination, you will lose access to the Services and your data may be deleted in accordance with our data retention policies.

13.2 Termination by Us

We may suspend or terminate your account at any time for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Extended inactivity
• Any other reason with reasonable notice

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive will remain in effect after termination.

14. Dispute Resolution

Any dispute arising from these Terms or your use of the Services will be governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Before initiating formal legal proceedings, you agree to first contact us to attempt to resolve the dispute informally.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Contoll regarding the Services.

15.2 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Modifications

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

16. Contact Us

If you have questions about these Terms, please contact us: