Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By accessing and using ToolsMate("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Platform.

ToolsMate Pty Ltd(ABN: 97 677 497 166) ("we," "us," "our," or "Company") reserves the right to modify these Terms. We will notify you of material changes via email at least 30 days before they become effective. Your continued use of the Platform after such notice constitutes acceptance of the modified Terms.

These Terms constitute a legally binding agreement between you and ToolsMate Pty Ltd in accordance with the Electronic Transactions Act 1999 (Vic).

2. Service Description

ToolsMate is a voice-first AI job management platform designed specifically for Australian tradies and builders. The Platform enables you to:

• Record and transcribe job notes, quotes, and briefings via voice
• Integrate with your accounting software (Xero) to synchronise financial data
• Manage jobs, expenses, and invoices in one place
• Generate AI-assisted quotes, briefings, and business insights
• Sync with Google Calendar for job scheduling
• Receive notifications and communications via SMS and email

The Platform is provided as a Software-as-a-Service (SaaS) subscription with different pricing tiers.

3. Account Registration and Eligibility

Eligibility Requirements

To use ToolsMate, you must:

• Be at least 18 years old
• Be an Australian citizen or permanent resident, or represent an Australian registered business
• Provide accurate and truthful information during registration
• Be legally capable of entering into binding contracts
• If registering on behalf of a business, represent that you are authorised to bind that business to these Terms

Registration

During registration, you will provide your full name, contact details, business name, Australian Business Number (ABN), email address, and password. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Notify us immediately of any unauthorised use.

4. Subscription Tiers and Pricing

ToolsMate offers subscription tiers at prices denominated in AUD (excluding GST). Current pricing is available at toolsmate.com.au/pricing. We will notify you of price changes at least 30 days in advance.

Auto-Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period (monthly) unless you cancel before the renewal date. You can cancel at any time through your account settings or by contacting support@toolsmate.com.au.

Upon cancellation, you will retain access to the Platform until the end of your current billing period. No pro-rata refunds are provided for the unused portion of a billing period.

Clear cancellation right: You have the right to cancel your subscription at any time, effective at the end of your current billing period. We will not impose any cancellation fees or penalties.

5. Payment Terms

Payments are processed via Stripe in AUD on a monthly recurring basis. You will receive a digital tax invoice via email after each payment.

If a payment fails:

1. We will attempt to re-charge your account within 3 business days
2. If the second attempt fails, we will notify you and your account may be suspended
3. If payment remains unpaid for 14 days after notice, your account may be terminated with reasonable notice

You are responsible for keeping your payment information current.

6. Free Trial

New users may be eligible for a 14-day free trial. No credit card is required to start the trial. Your account will notautomatically convert to a paid subscription — you must explicitly choose a plan and provide payment information. Trial access is limited to one account per email address. If you do not subscribe after the trial expires, your data will be retained for 30 days before deletion.

7. Cancellation and Account Closure

You can cancel your subscription at any time through account settings or by emailing support@toolsmate.com.au. To fully close your account and delete your data, contact us with "Account Closure Request" in the subject line.

Upon account closure:

• Your access is revoked immediately
• Data is retained for 30 days (recovery grace period)
• After 30 days, all personal data is permanently deleted from active systems
• Encrypted backups may be retained for up to 90 days
• Financial records required for ATO compliance may be retained for up to 7 years in de-identified or aggregated form

You may request a data export in portable format (CSV or JSON) before closing your account.

8. Data Ownership and Intellectual Property

Your Data

You retain full ownership of all data you provide to ToolsMate, including voice recordings, transcripts, job information, quotes, financial data, invoices, expense records, photos, and calendar information.

By using the Platform, you grant us a limited, non-exclusive licence to store, process, and display your data solely for the purpose of providing the Platform services to you. This licence terminates when you close your account (subject to the retention periods described above).

Anonymised and Aggregated Data

We may use anonymised and aggregated data (which cannot identify you or your business) for analytics, service improvement, and industry benchmarking. This data is not personal information under the Privacy Act 1988.

ToolsMate Platform

ToolsMate Pty Ltd owns all intellectual property rights in the Platform, including the software code, design, user interface, documentation, brand assets, logos, and trademarks. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your own business purposes during your subscription. You may not:

• Reverse-engineer, decompile, or disassemble the Platform
• Remove any copyright, trademark, or proprietary notices
• Sell, sublicense, or distribute access to the Platform
• Create derivative works based on the Platform

9. AI-Generated Content Disclaimer

ToolsMateuses artificial intelligence (including AssemblyAI for transcription and Anthropic's Claude for analysis) to generate transcripts, job quotes, briefings, business insights, and expense summaries.

AI-generated content is provided as a tool to assist your business decision-making. You are solely responsible for reviewing, verifying, and approving all AI-generated content before relying on it.

ToolsMate does not warrant the accuracy, completeness, or suitability of AI-generated content. You should not rely solely on AI-generated content for:

• Pricing or quotes provided to customers
• Financial or tax decisions
• Compliance or legal matters
• Safety or quality assurance
• Building or construction compliance matters

Always apply your professional expertise and judgment. AI outputs may contain errors, omissions, or inaccuracies.

10. Voice Recording Consent

By using ToolsMate's voice recording features, you provide explicit consent under the Surveillance Devices Act 1999 (Vic) to the recording, storage, transcription, and AI processing of your voice.

If you record conversations involving other people (clients, suppliers, employees), you are solely responsible for obtaining their consent as required by the Surveillance Devices Act 1999 (Vic) and equivalent legislation in other jurisdictions. ToolsMate does not obtain consent from third parties on your behalf.

See our Privacy Policy for full details on how voice data is processed, stored, and shared.

11. Acceptable Use Policy

You agree not to use ToolsMate for any of the following:

• Any activity that violates Commonwealth, state, or territory law
• Content that is defamatory, harassing, abusive, or threatens violence
• Fraudulent schemes, misleading quotes, or dishonest business practices
• Attempting to gain unauthorised access, disrupt service, or introduce malware
• Sending unsolicited communications or bulk messages
• Uploading content that infringes copyright or other intellectual property
• Using the Platform to reverse-engineer our technology
• Generating excessive load that disrupts service for other users
• Uploading personal information of third parties without their consent

If you breach this policy, we may suspend or terminate your account, report the activity to relevant authorities, and pursue legal remedies.

12. Australian Consumer Law Guarantees

We acknowledge that the Competition and Consumer Act 2010(Cth), Schedule 2 (Australian Consumer Law, or "ACL"), and corresponding Victorian fair trading legislation provide guarantees and protections that cannot be excluded, restricted, or modified by contract.

Consumer Guarantees (ACL ss 54–64)

If you are a "consumer" within the meaning of the ACL, you have the benefit of the following non-excludable guarantees:

• Services will be provided with due care and skill (s 60)
• Services will be reasonably fit for any purpose you made known to us (s 61)
• Services will be supplied within a reasonable time (s 62)

Nothing in these Terms excludes, restricts, or modifies these consumer guarantees or any other rights you may have under the ACL that cannot be excluded by agreement.

Unfair Contract Terms (ACL ss 23–28)

We have designed these Terms to be fair and balanced. We acknowledge that under the ACL (as amended by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022), unfair terms in standard form consumer and small business contracts are void. If any term of this agreement is found to be unfair within the meaning of the ACL, it will be void and severed from the remaining Terms, which will continue in full force and effect.

Remedies for Breach of Consumer Guarantees

• If a failure cannot be remedied, or is a major failure, you may terminate the contract and obtain a refund for fees paid for the affected period
• If a failure can be remedied and is not a major failure, we will repair or re-supply the service within a reasonable time at no cost to you
• You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from our failure to meet a consumer guarantee

13. Limitation of Liability

Maximum Liability

Subject to the consumer guarantees described in section 12 (which cannot be excluded), to the maximum extent permitted by law, ToolsMate Pty Ltd's total aggregate liability to you for any claims arising from these Terms or your use of the Platform is limited to the amount you have paid to ToolsMate in the 12 months preceding the claim.

Excluded Damages

Subject to the consumer guarantees described in section 12, ToolsMate is not liable for:

• Lost profits or business opportunity
• Lost revenue or data
• Indirect, consequential, special, or punitive damages
• Damage to your reputation or business
• Damages arising from service interruption, data loss, or errors in AI-generated content

Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or wilful misconduct by ToolsMate Pty Ltd
• Any liability that cannot be excluded under the Australian Consumer Law
• Any liability arising under the consumer guarantees in section 12

14. Indemnification

You agree to indemnify, defend, and hold harmless ToolsMate Pty Ltd and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms
• Your violation of any law or third-party rights
• AI-generated content you have used without proper review and verification
• Your breach of the Acceptable Use Policy
• Recording third parties without their consent in breach of the Surveillance Devices Act 1999 (Vic)

Mutual indemnification:We will indemnify you against any third-party claims arising directly from our breach of these Terms, our negligence, or our infringement of a third party's intellectual property rights in providing the Platform to you.

This indemnification obligation is subject to the indemnified party promptly notifying the indemnifying party, cooperating in the defence, and allowing the indemnifying party to control the defence and settlement.

15. Dispute Resolution

Informal Resolution

If a dispute arises, we encourage you to contact us at support@toolsmate.com.au. We will respond within 10 business days with a proposed resolution.

Mediation

If informal resolution is unsuccessful within 30 days, either party may request mediation. We will attempt to agree on a mediator within 15 days. Mediation will take place in Melbourne, Victoria (or virtually if both parties consent).

Victorian Civil and Administrative Tribunal (VCAT)

For Victorian users, disputes may be referred to the Victorian Civil and Administrative Tribunal (VCAT) where VCAT has jurisdiction, including consumer and trader disputes. Nothing in these Terms limits your right to bring a claim before VCAT.

Court Proceedings

If mediation is unsuccessful, either party may commence legal proceedings in the courts of Victoria, Australia. You and ToolsMate Pty Ltd agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

Consumer Protection Authorities

Nothing in these Terms limits your right to lodge a complaint with Consumer Affairs Victoria, the Australian Competition and Consumer Commission (ACCC), or any other relevant regulatory body.

Costs

Each party bears its own costs for informal resolution and mediation. In court or tribunal proceedings, costs are awarded as determined by the court or tribunal.

16. Service Availability

Service Level Expectations

We will use commercially reasonable efforts to maintain the Platform's availability and to minimise service interruptions. We aim to provide advance notice of planned maintenance (typically 48 hours via email, scheduled for off-peak hours 10 PM to 6 AM AEDT).

These are service level expectations, not guarantees. At this stage, ToolsMate does not provide a guaranteed uptime percentage or formal Service Level Agreement (SLA).

Service Interruptions

Subject to the consumer guarantees in section 12, ToolsMate is not liable for service interruptions due to factors beyond our reasonable control, including internet outages, power failures, cyberattacks, natural disasters, or third-party service provider failures.

17. Modifications to the Service

We may modify, enhance, or deprecate features of the Platform at any time. Where modifications materially reduce the functionality you are paying for, we will notify you at least 30 days in advance and offer you the option to cancel without penalty.

If we discontinue the Platform entirely, we will provide at least 90 days' notice and a pro-rata refund for your current subscription period.

18. Termination

Termination by You

You may terminate these Terms at any time by cancelling your subscription as described in section 7.

Termination by ToolsMate

We may terminate your account if you materially breach these Terms. Except in cases of serious or repeated breach, we will:

• Provide you with written notice specifying the breach
• Give you a reasonable period (at least 14 days) to remedy the breach
• Only terminate if the breach is not remedied within that period

We may terminate immediately (without a remedy period) if you breach the Acceptable Use Policy in a way that exposes us or other users to serious harm, use the Platform for illegal purposes, or fail to pay subscription fees for more than 14 days after notice.

Effect of Termination

• Your access is revoked immediately upon termination
• You may request a data export within 30 days of termination
• After 30 days, all personal data is permanently deleted
• You remain liable for any fees incurred before termination
• Sections that survive termination include: Intellectual Property (s 8), Liability (s 13), Indemnification (s 14), Dispute Resolution (s 15), and Governing Law (s 19)

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria. Nothing in these Terms limits the operation of the Competition and Consumer Act 2010 (Cth) or equivalent Victorian consumer protection legislation.

20. Entire Agreement and Severability

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ToolsMate Pty Ltd relating to the Platform.

If any provision of these Terms is found to be invalid, unenforceable, or unfair (including under the unfair contract terms provisions of the ACL), that provision will be severed and the remaining provisions will continue in full force and effect.

21. Contact Information

For questions about these Terms of Service, contact us at:

ToolsMate Pty Ltd
ABN: 97 677 497 166
Address: Melbourne, VIC 3000, Australia
Email: support@toolsmate.com.au
Website: toolsmate.com.au