Terms of Service

These Terms of Service (Terms) are a legal agreement between TrueAgent Pty Ltd ACN 636 626 956, ABN 70 636 626 956, as trustee for The TrueAgent Unit Trust ABN 54 180 227 297, of 79 Grange Road, Sandringham VIC 3191, Australia, trading as Snap Job Reports (TrueAgent, we, us or our) and the entity or person identified at sign-up as the customer (Customer, you or your).

By creating an account, clicking “I agree”, installing the Snap Job Reports add-on into a ServiceM8 account, accessing the Service or paying a fee, you accept these Terms on behalf of the Customer and you warrant that you have authority to do so. If you do not accept these Terms, you must not use the Service.

1Definitions and interpretation

In these Terms, unless the context requires otherwise:

• Account means the Customer’s account for the Service.
• Authorised User means an individual the Customer permits to access the Service, including administrators (sign-in via ServiceM8 OAuth) and field technicians (short-lived, job-scoped session).
• Billing Cycle means the recurring period for which Fees are charged in advance under the Customer’s Plan — monthly for a monthly Plan, or yearly for an annual Plan.
• Connected Platform means a third-party system the Customer authorises the Service to connect to, currently ServiceM8.
• Customer Data means all data, photographs, images, text, files, schematics, signatures, ratings, notes, narratives, reports and other content that the Customer or its Authorised Users upload, submit, capture, store, generate or transmit through the Service, including data ingested via Connected Platforms with the Customer’s authorisation.
• Documentation means our then-current published documentation, help articles and acceptable-use guidance, accessible at snapjobreports.com.
• Fees means the fees payable by the Customer for the Service, as set out at sign-up, on the pricing page, in an order form, or as otherwise notified to the Customer in writing, including subscription Fees, per-seat Fees and any usage or overage charges under clause 5.
• Free Trial means a no-cost trial of the Service offered under clause 5.2.
• Intellectual Property Rights means all current and future intellectual and industrial property rights worldwide, registered or unregistered, including copyright, patents, trade marks, designs, trade secrets, know-how and any rights to apply for those rights.
• Payment Processor means the third-party payment provider we use to process card payments, currently Stripe.
• Plan means a subscription plan for the Service (for example Field, Pro or Signature), as presented to the Customer at sign-up or in an order form and updated by us from time to time, together with its inclusions, limits, term and Fees.
• Privacy Policy means our policy at snapjobreports.com/privacy, as updated from time to time.
• Renewal Term means each successive Plan term that begins when a Plan automatically renews under clause 5.4.
• Service means the Snap Job Reports software-as-a-service application, including the progressive web application, administrator portal, application programming interfaces, integrations with Connected Platforms, supporting infrastructure and any related services we provide.
• Sub-processor means a third party engaged by us that processes Customer Data on our behalf.

Headings are for convenience only and do not affect interpretation. A reference to a statute includes its amendments and re-enactments. The words “include” and “including” are not words of limitation.

2The Service

2.1 Grant of access

Subject to these Terms and payment of any applicable Fees, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the term of the Account to access and use the Service for the Customer’s internal business purposes through Authorised Users.

2.2 What the Service does

The Service enables Authorised Users to capture photographs and field data at job sites, organise that data against jobs synchronised from Connected Platforms, generate branded PDF reports, and deliver those reports back to the Connected Platform, by email or by other delivery mechanisms made available by us.

2.3 Plan limits

Each Plan is subject to limits (such as the number of administrator seats, field-technician seats, report profiles, reports, AI usage, storage and PDF rendering). Plan limits and feature inclusions are as published on our pricing page or notified to the Customer at sign-up or in an order form. We may enforce these limits by throttling, queueing or refusing service requests that exceed them, or by applying the overage charges described in clause 5.5.

2.4 Updates and changes

We may release updates, enhancements, bug fixes and new features at any time. We may modify, replace or discontinue features of the Service from time to time. We will give the Customer reasonable advance notice (and, for a paid Plan, at least 30 days’ notice) of any change that materially and adversely reduces the core functionality of the Customer’s Plan. If such a change applies and we cannot provide a substantially equivalent feature, the Customer may terminate the affected Plan under clause 12.3 and we will refund any prepaid Fees for the unused portion of the term on a pro-rata basis. This clause does not apply to routine bug fixes, security changes, or changes we are required to make by law or by a Connected Platform.

2.5 Beta and pre-release features

We may make pre-release, alpha, beta or experimental features available, identified as such. Those features are provided “as is”, may be modified or withdrawn at any time, are not subject to any service commitment, and are excluded from our indemnities under clause 11. Nothing in this clause excludes, restricts or modifies any consumer guarantee or other right that cannot be excluded under the Australian Consumer Law, and our liability in connection with those features remains subject to clauses 11.3 and 13.3.

3Accounts, Authorised Users and access

3.1 Account registration

To use the Service you must create an Account. The information you give us at sign-up must be accurate, current and complete, and you must keep it up to date.

3.2 Authorised Users

The Customer is responsible for: (a) authorising and managing its Authorised Users; (b) ensuring each Authorised User complies with these Terms; and (c) all acts and omissions of its Authorised Users as if they were its own. Authorised User access seats are personal to the individual to whom they are issued and may not be shared.

3.3 Field-technician sessions

Field technicians access the Service via short-lived, job-scoped session tokens minted by the Service when the technician signs in to the field application. The Customer is responsible for ensuring its field technicians use those sessions only for the Customer’s legitimate work.

3.4 Account security

The Customer must keep its sign-in credentials, one-time sign-in codes, API keys and Connected Platform tokens confidential, must use multi-factor authentication where offered, and must notify us promptly at support@snapjobreports.com if it suspects any unauthorised access. Subject to clause 11.3, we are not liable for any loss to the extent it arises from the Customer’s failure to comply with this clause.

4Plans, trials and the beta period

The Service may be offered on paid Plans (for example Field, Pro and Signature), on a Free Trial under clause 5.2, on a free or comped basis during a private beta or invited-access period, or under a separate order form. The features, limits, term and Fees that apply to the Customer are those for the offering the Customer signs up to. During any free or comped period, no Fees are payable for the comped scope, and clauses 5.3 to 5.5 (charges) apply only once a paid Plan begins. We may change, limit or end a free or comped period, or move the Service from beta to general availability, on reasonable advance notice to affected account-holders; the Customer may decline any resulting paid Plan under clauses 5.2 and 12.2 without penalty. Customer Data captured during any period is retained and deleted in accordance with clause 12.5.

5Fees, billing, trials and renewals

5.1 Fees and term

The Customer must pay the Fees for the Plan it selects. Plans are offered on a monthly term (billed monthly in advance) or an annual term (billed yearly in advance), as the Customer chooses at sign-up. Fees are stated in Australian dollars and are payable in advance for each Billing Cycle. Monthly and annual prices for each Plan, and any per-seat and usage rates, are shown on our pricing page or in the Customer’s order form at the time of purchase.

5.2 Free Trial (no card required)

Where we offer a Free Trial, the Customer may use the applicable Plan free of charge for the stated trial period (currently 14 days) without providing payment-card details. We will not ask for a card, and we will not charge the Customer, during the Free Trial. The Free Trial does not convert into a paid Plan automatically: the Customer becomes a paying Customer only if, after the trial, it actively chooses to subscribe and provides a payment method. If the Customer does not subscribe, access ends at the end of the trial and Customer Data is handled under clause 12.5. Free Trials are provided “as is” and are excluded from our indemnities under clause 11, subject always to clauses 2.5, 11.3 and 13.3.

5.3 Payment and card authorisation

When the Customer subscribes to a paid Plan with card-on-file billing, the Customer authorises us and our Payment Processor (Stripe) to store the nominated payment method and to charge it: (a) the Plan Fees at the start of each Billing Cycle; (b) any per-seat Fees for additional seats added during a Billing Cycle; and (c) any usage or overage charges under clause 5.5. Card details are handled by the Payment Processor under its own terms; we do not store full card numbers. Where the Customer is invoiced instead (for example, enterprise or certain annual arrangements), payment is due within 14 days of the invoice date.

5.4 Automatic renewal, renewal reminder and easy cancellation

To avoid an interruption to the Service, Plans renew automatically at the end of each term for a further Renewal Term of the same length (monthly Plans renew monthly; annual Plans renew annually), at the then-current Fees, unless the Customer cancels before the renewal date. So the Customer is never surprised by a renewal charge:

• We will send a renewal reminder by email before each annual renewal — at least 14 days, and ordinarily 30 days, before the renewal date — stating the renewal date and the Fees that will apply.
• If the renewal Fees are higher than the Customer last paid, we will state the new Fees in that reminder, and the Customer may cancel before the renewal date to avoid them.
• Cancelling is at least as easy as signing up. The Customer can cancel at any time, with immediate effect for future renewals, through the administrator portal (a self-service “cancel plan” control) or by emailing support@snapjobreports.com. We will not require the Customer to call, wait, or give a reason.

If the Customer cancels, the Plan continues until the end of the period already paid for (see clause 5.6 for what happens to an annual plan cancelled part-way through), and does not renew.

5.5 Usage and overage charges

Some Plans include a fair-use allowance for storage, PDF rendering, AI usage and seats, with charges for usage above that allowance (for example, additional storage and rendering, additional field-technician seats and additional administrator seats) at the rates published on our pricing page or in the Customer’s order form at the time of purchase. We will make current usage visible in the administrator portal. We will give the Customer at least 30 days’ notice before increasing any usage or overage rate, and the new rate will apply from the start of the next Billing Cycle. Where practicable, we will let the Customer set or be notified at a usage threshold before overage charges are incurred.

5.6 Changing plans, cancelling, and refunds

The Customer may upgrade, downgrade or cancel through the administrator portal at any time.

• Monthly Plans. A monthly Plan that is cancelled continues until the end of the current monthly Billing Cycle and then ends. Monthly Fees already paid for the current cycle are not refunded, because the Customer keeps access for that cycle.
• Annual Plans — pro-rata refund on cancellation. If the Customer cancels an annual Plan part-way through its term, the Customer may choose to: (a) keep access until the end of the paid annual term, after which the Plan ends; or (b) end the Plan early and receive a pro-rata refund of the prepaid Fees for the unused whole months of the term, less any usage or overage charges already incurred. We do not forfeit a Customer’s unused annual prepayment.
• Upgrades and downgrades. An upgrade takes effect immediately, with the difference in Fees charged on a pro-rata basis for the remainder of the current Billing Cycle. A downgrade takes effect at the start of the next Billing Cycle.
• Consumer guarantees and faults. Nothing in this clause limits the Customer’s right to a refund or other remedy where one is required by law, including under the Australian Consumer Law — for example, where the Service has a major failure or is not of acceptable quality. Those rights apply in addition to the refund arrangements above.
• If we terminate for convenience. If we terminate or discontinue the Service for our convenience under clause 12.2, we will refund any prepaid Fees for the unused portion of the term on the same pro-rata basis described above.

5.7 Late payment and suspension

If any undisputed amount is overdue we may, after giving 7 days’ written notice, suspend the Customer’s access to the Service until payment is made. Suspension does not relieve the Customer of its obligation to pay for the period already supplied. We may charge interest on overdue undisputed amounts at the rate of 2% per annum above the Reserve Bank of Australia cash rate, accruing daily.

5.8 Taxes

Fees are exclusive of GST and any other applicable taxes, duties or government charges, which the Customer must pay in addition. We will issue tax invoices that comply with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6Customer Data and ownership

6.1 Customer owns Customer Data

As between the parties, the Customer owns all right, title and interest (including all Intellectual Property Rights) in and to the Customer Data. We claim no ownership over Customer Data.

6.2 Licence to us

The Customer grants us a worldwide, non-exclusive, royalty-free, sublicensable (only to Sub-processors) licence to host, store, copy, transmit, display, process, render, format and otherwise use Customer Data solely to: (a) provide, secure, support, maintain and improve the Service for the Customer; (b) prevent or address technical, fraud, security or abuse issues; and (c) comply with our legal obligations. This licence ends when the Customer Data is deleted under clause 12.5.

6.3 Customer warranties about Customer Data

The Customer warrants that: (a) it has all rights, consents and authorisations necessary for us to use the Customer Data as contemplated by these Terms; (b) the Customer Data does not infringe the Intellectual Property Rights or privacy rights of any third party; (c) it has obtained all necessary consents from its Authorised Users and from any individual identifiable in the Customer Data (including occupants, building staff and third parties incidentally captured in photographs) for the collection, use and disclosure of their personal information through the Service; and (d) the Customer Data does not contain content that is unlawful, defamatory, harassing, obscene, harmful, or designed to disrupt or compromise the Service.

6.4 Photographs and end-user notices

The Customer acknowledges that the Service captures, stores and embeds within generated reports photographs taken at job sites, together with timestamps and signatures. For images captured through our field application, the Service removes EXIF metadata (including any geolocation coordinates and camera details) from the stored image. We do not warrant that metadata is removed from images that reach the Service by other paths, such as images synced from a Connected Platform, and the Customer should not rely on metadata removal for those images. The Customer is solely responsible for: (i) determining whether to share generated reports with any third party (including its own clients); (ii) redacting or controlling any sensitive information (such as residential addresses, identifiable individuals, or commercially sensitive markings) before sharing; and (iii) any consequences of such sharing.

6.5 No AI training on Customer Data

We do not use Customer Data (or any derivative of Customer Data that is identifiable to the Customer or its Authorised Users) to train, fine-tune or otherwise develop any machine-learning or artificial-intelligence model, whether ours or a third party’s, and our agreements with the Sub-processors that handle Customer Data require them not to use it to train their own models. Where the Service uses AI features (such as voice-to-text transcription), it sends the relevant content to an AI provider only to perform the task the Customer has requested, and we contract for that content not to be used to train the provider’s models. This clause does not prevent us from generating de-identified Service Analytics under clause 6.6.

6.6 Aggregated and de-identified analytics

We may generate aggregated, statistical or de-identified data derived from operation of the Service (Service Analytics), provided that Service Analytics: (a) do not identify the Customer, any Authorised User or any individual; (b) cannot, by reasonable means, be re-identified to the Customer; and (c) are used only to operate, secure, troubleshoot, benchmark and improve the Service. Service Analytics are not Customer Data.

6.7 Data export

During the term of the Account, the Customer may export Customer Data through the administrator portal, including downloading original photographs and generated PDF reports. We will use commercially reasonable efforts to maintain export functionality.

7Connected Platforms and integrations

The Service relies on, and the Customer may authorise the Service to interoperate with, third-party platforms, currently ServiceM8. The Customer is responsible for maintaining its own subscription, account and credentials with each Connected Platform and for complying with that platform’s terms.

The Customer authorises us to: (a) connect to the Connected Platforms using the credentials or OAuth tokens the Customer provides; (b) read and write data on the Customer’s behalf within the scope of those credentials; and (c) act on webhooks and other signals received from those platforms in respect of the Customer’s account.

We are not responsible for: (a) the availability, accuracy, content, security or operation of any Connected Platform; (b) any change to a Connected Platform’s functionality, APIs, terms or fees; or (c) any suspension, throttling or termination by a Connected Platform of the Customer’s account or our integration. If a Connected Platform’s changes materially affect the Service, we may modify or discontinue the affected integration on reasonable advance notice, and clause 2.4 (including its termination and pro-rata refund right) applies if the change materially and adversely reduces the core functionality of the Customer’s Plan.

8Acceptable use

The Customer must not, and must not permit any Authorised User or third party to:

• use the Service in breach of any applicable law, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Australian Consumer Law, work-health-and-safety laws, or any export-control or sanctions law;
• use the Service to store, process or transmit any content that is unlawful, infringing, defamatory, harassing, obscene, sexually explicit involving minors, threatening, or that incites violence or discrimination;
• upload viruses, worms, ransomware, time-bombs, or other malicious code, or use the Service to launch any denial-of-service, intrusion, scraping or other attack;
• reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service (except to the extent these prohibitions are unenforceable under applicable law);
• circumvent or attempt to circumvent any access control, rate limit, Plan limit, watermark, branding or security measure;
• resell, rent, lease, sublicense, white-label or otherwise commercially exploit the Service except as expressly permitted in these Terms;
• use our Confidential Information, our Documentation, or any knowledge gained by reverse-engineering the Service to design, build or contribute to a product or service that competes with the Service;
• process the personal information of any person without the lawful basis (including consent where required) to do so; or
• impersonate any person or misrepresent any affiliation with any person or organisation.

If we reasonably believe a violation of this clause has occurred, we may (acting reasonably and, where practicable, after notice) suspend access, remove offending Customer Data, or terminate the Account under clause 12.

9Intellectual property in the Service

All Intellectual Property Rights in and to the Service, the Documentation, our trade marks, our branding, our PDF templates (other than those individually licensed to the Customer as part of a bespoke build), and any feedback, suggestions or ideas the Customer provides to us, are and remain our sole property or that of our licensors. No rights are granted to the Customer except as expressly stated in these Terms. For the avoidance of doubt, nothing in these Terms assigns or purports to assign to us any copyright or other Intellectual Property Rights in the Customer Data.

The Customer grants us a perpetual, irrevocable, worldwide, royalty-free licence to use any feedback or suggestions provided by the Customer or its Authorised Users to improve our products and services, without obligation to attribute or compensate.

10Confidentiality

Each party (the Recipient) must keep confidential, and not use except for the performance of these Terms, all non-public information of the other party (the Discloser) marked or reasonably understood to be confidential. Customer Data is the Customer’s Confidential Information. Our technology, pricing (other than published list prices), unreleased roadmap and Service Analytics methodology are our Confidential Information.

The Recipient may disclose Confidential Information to: (a) its personnel, professional advisers and Sub-processors on a need-to-know basis under equivalent confidentiality obligations; and (b) where required by law, regulator or court order, provided that, where lawful and practicable, the Recipient notifies the Discloser first and cooperates with any application for protective relief.

The obligations of confidentiality survive termination for three years, or, in respect of trade secrets and Customer Data, for so long as the information remains confidential.

11Warranties, disclaimers and indemnities

11.1 Mutual warranties

Each party warrants to the other that it has the corporate authority to enter into and perform these Terms and that doing so does not breach any other obligation it owes.

11.2 Our service commitment

We will use commercially reasonable efforts to make the Service available and to perform it with the skill and care reasonably expected of a professional provider of similar services. We do not warrant that the Service will be uninterrupted, error-free, free of all vulnerabilities, or that it will meet the Customer’s specific requirements. We do not commit to any specific uptime or response-time target unless a separate written service level agreement applies. This clause is subject to clause 11.3.

11.3 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified. The consumer guarantees in the Australian Consumer Law (such as the guarantees that services are rendered with due care and skill and are reasonably fit for purpose) continue to apply to the Customer where they apply by law, and the Customer may have rights to a remedy, including a refund, for a major or other failure to comply with them. To the extent the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee (which it does not for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption), our liability for that failure is limited, at our option, to: (a) re-supplying the affected services; or (b) the cost of having the affected services re-supplied. This limitation applies only to the extent permitted by section 64A of the Australian Consumer Law and does not apply where that section does not permit it.

11.4 General disclaimer

To the maximum extent permitted by law, and subject to clause 11.3, all warranties, conditions, guarantees and other terms (whether express, implied, statutory or otherwise) that are not expressly set out in these Terms are excluded.

11.5 Our indemnity to the Customer

We will defend, indemnify and hold harmless the Customer from and against any direct loss, damage, settlement or final judgment awarded against the Customer by a court of competent jurisdiction arising from a third-party claim that the Customer’s authorised use of the Service in accordance with these Terms infringes a registered Australian Intellectual Property Right of that third party, provided that the Customer: (a) gives us prompt written notice of the claim; (b) gives us sole control of the defence and settlement; and (c) provides reasonable cooperation.

If we receive notice of such a claim, or if we reasonably believe the Service may infringe, we may at our option: (i) procure the right for the Customer to continue using the affected Service; (ii) modify or replace the affected Service so that it is non-infringing while substantially equivalent; or (iii) terminate the affected part of the Service and refund any prepaid Fees for the unused portion. The remedies in this clause are the Customer’s sole and exclusive remedy for any infringement claim relating to the Service.

This indemnity does not apply to claims arising from: (A) Customer Data; (B) the Customer’s combination of the Service with software, services or content not provided by us; (C) modifications to the Service not made by us; (D) use of the Service in breach of these Terms; or (E) Free Trials or beta or pre-release features.

11.6 Customer indemnity to us

The Customer will defend, indemnify and hold harmless us, our personnel and our Sub-processors from and against all loss, damage, settlement, judgment, cost and expense (including reasonable legal costs on a solicitor-client basis) arising from any third-party claim relating to: (a) Customer Data, including any allegation that Customer Data infringes Intellectual Property Rights, defames a person, breaches privacy or confidentiality obligations, or amounts to a serious invasion of a person’s privacy; (b) the Customer’s breach of clause 6.3 (warranties about Customer Data), clause 6.4 (photographs), or clause 8 (acceptable use); (c) the Customer’s use of any Connected Platform; or (d) the Customer’s breach of any applicable law in connection with the Service. The Customer’s liability under this indemnity is reduced to the extent that we or our personnel caused or contributed to the loss, and the Customer is not required to indemnify us for any loss to the extent it results from our own negligence, wilful misconduct or breach of these Terms.

12Term, suspension and termination

12.1 Term

These Terms commence when the Customer first accepts them and continue until the Account is terminated. Each Plan runs for its term and renews under clause 5.4 unless cancelled.

12.2 Termination for convenience

The Customer may cancel any Plan at any time under clause 5.4 and clause 5.6 (through the administrator portal or by emailing support@snapjobreports.com). We may terminate or discontinue the Service for our convenience on 60 days’ written notice, in which case we will refund prepaid Fees for the unused portion of the term on a pro-rata basis as described in clause 5.6.

12.3 Termination for cause

Either party may terminate immediately by written notice if the other party: (a) commits a material breach of these Terms and fails to remedy it within 14 days of written notice; (b) becomes insolvent, has a liquidator, receiver or administrator appointed, or commits an act of bankruptcy; or (c) ceases to carry on business. We may also terminate immediately on written notice if the Customer breaches clause 6.3, clause 6.4, clause 8 or clause 9 in a manner that is not capable of remedy. The Customer may terminate under this clause where a change under clause 2.4 or clause 7 materially and adversely reduces the core functionality of its Plan, in which case clause 2.4 (pro-rata refund) applies.

12.4 Suspension

We may suspend, in whole or in part, access to the Service immediately on written notice if: (a) we reasonably suspect a breach of clause 8 or a security threat to the Service; (b) we are required to do so by law; (c) Fees are overdue under clause 5.7; or (d) the Customer’s use poses a material risk to us, our other customers or the Service. We will limit any suspension to what is reasonably necessary and will lift it as soon as the cause has been resolved.

12.5 Effect of termination — data export and deletion

On termination of an Account, for any reason:

1. Export window. For a period of 30 days following the termination date, the Customer’s administrators retain read-only access to the Service for the purpose of exporting Customer Data (photographs, generated PDF reports and supporting data) through the administrator portal.
2. Deletion of live data. After the 30-day export window, we will delete all Customer Data from active production systems within a further 60 days.
3. Backups. Backup copies of Customer Data will be purged in the ordinary course of our backup-rotation cycle, and in any event within 90 days after the termination date.
4. Compliance records. We may retain certain limited records (such as billing records, security logs and audit trails to the extent necessary to comply with law) beyond the deletion period, subject to ongoing confidentiality obligations under these Terms.

The Customer is responsible for exporting any Customer Data it wishes to retain within the export window. After deletion under this clause, we will have no obligation to retrieve, recreate or provide Customer Data.

12.6 Survival

The following clauses survive termination: 1 (Definitions), 5.6–5.8 (amounts owed and refunds at termination), 6.1 (Customer ownership), 6.5 (no AI training), 9 (our IP), 10 (Confidentiality), 11 (Warranties, disclaimers and indemnities), 12.5 (data export and deletion), 13 (Liability), 15 (Privacy), 16 (Security incidents), 17 (Notices), 18 (Dispute resolution) and 19 (General).

13Liability

13.1 Exclusion of indirect loss

To the maximum extent permitted by law, and subject to clauses 11.3 and 13.3, neither party is liable to the other for any indirect, consequential, special, punitive or exemplary loss or damage, or for any loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, loss of contracts, loss or corruption of data, or loss arising from business interruption, in each case howsoever arising (whether in contract, tort including negligence, statute or otherwise) and even if the party knew or should have known of the possibility of such loss.

13.2 Aggregate cap

To the maximum extent permitted by law, and subject to clauses 11.3 and 13.3, each party’s total aggregate liability to the other for all claims arising out of or in connection with these Terms or the Service (whether in contract, tort including negligence, statute or otherwise) is limited to the greater of: (a) the total Fees paid (or, in the case of the Customer, payable) by the Customer to us under these Terms in the 12 months immediately preceding the first event giving rise to the liability; and (b) AUD $1,000. This cap does not reduce, and is read subject to, the carve-outs in clause 13.3.

13.3 Uncapped items

Clauses 13.1 and 13.2 do not apply to, and there is no cap on liability for: (a) the Customer’s obligation to pay undisputed Fees; (b) the Customer’s breach of clause 6.3, clause 6.4 or clause 8, or the Customer’s indemnity under clause 11.6; (c) our infringement indemnity under clause 11.5; (d) a party’s wilful misconduct or fraud; or (e) any liability that cannot lawfully be excluded or limited, including liability for a breach of a non-excludable consumer guarantee that cannot be limited under section 64A of the Australian Consumer Law. For the avoidance of doubt, this clause 13.3 prevails over every limitation of liability in these Terms (including any cap that applies to a Free Trial or to beta or pre-release features under clauses 2.5 and 5.2), so those limitations never reduce a liability described in this clause.

13.4 Apportionment

Each party’s liability is reduced to the extent that the other party (or its personnel) caused or contributed to the loss.

14Sub-processors and infrastructure

We engage Sub-processors to provide infrastructure and operational services that support the Service. A current list of Sub-processors is published at snapjobreports.com/sub-processors, and we will give at least 30 days’ notice (by email to the Account’s administrator or billing contact and by updating that page) before adding a new Sub-processor that handles Customer Data. If the Customer reasonably objects to a new Sub-processor on genuine data-protection grounds, the Customer may raise the objection with us and, if we cannot reasonably resolve it, the Customer may terminate the affected Plan and receive a pro-rata refund under clause 5.6.

The primary copy of Customer Data is hosted in Australia (Sydney, AWS ap-southeast-2). Some Customer Data and personal information is processed outside Australia by our Sub-processors. In particular: our PDF-rendering worker (Railway) processes job photos, report content and generated PDFs in Singapore; our transactional-email provider (Resend) processes report-delivery emails (which may include attached report PDFs containing photos, site details and signatures) and recipient email addresses in the United States; our application hosting and serverless compute (Vercel) processes data in transit in the region configured for our project, which is presently outside Australia (we treat all Vercel processing as an overseas disclosure); and our operational-alerting and enquiry channel (Google Chat) may receive beta-interest and support-form submissions and incidental personal information contained in alert messages in the United States and Australia. We take reasonable steps to ensure each overseas Sub-processor handles personal information in a way that is, overall, substantially equivalent to the protection required under the Australian Privacy Principles, including through contractual data-protection terms, and we remain accountable for that handling under Australian Privacy Principle 8. Our Privacy Policy and the sub-processors page describe these flows in more detail.

15Privacy

Each party will comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of personal information is described in the Privacy Policy, which forms part of these Terms. To the extent we process personal information contained in Customer Data on the Customer’s behalf, we do so as the Customer’s service provider for the purpose of providing the Service; the Customer is responsible, as the entity that collects that information, for having a lawful basis and for giving any privacy notices required of it.

16Notice of security incidents and data breaches

This clause is about our security commitment to the Customer and how we help the Customer meet its own obligations under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth). It does not transfer our own legal obligations to the Customer.

16.1 Our notice to the Customer

If we become aware of a suspected or confirmed unauthorised access to, or unauthorised disclosure or loss of, Customer Data hosted by us (a Security Incident), we will notify the Customer’s designated administrator contact without undue delay and, for a confirmed Security Incident, in any event within 72 hours of confirming it. We notify suspected incidents promptly so the Customer has time to run its own assessment within its statutory timeframe; we do not wait for confirmation before alerting the Customer. The notice will include, to the extent known, a description of the incident, the categories and approximate volume of Customer Data affected, the steps we are taking to investigate and contain it, and a contact point for further information. We will provide reasonable assistance and information to help the Customer assess whether the incident is an eligible data breach and to prepare any required notifications.

16.2 The Customer’s obligations

Because the Customer Data is the Customer’s information, the Customer is responsible for assessing whether a Security Incident is an “eligible data breach” under the Notifiable Data Breaches scheme and, if so, for notifying the affected individuals and the Office of the Australian Information Commissioner within the timeframes that scheme requires (generally, completing an assessment of a suspected eligible data breach within 30 days, and notifying as soon as practicable once there are reasonable grounds to believe an eligible data breach has occurred). We will support the Customer’s assessment and notification with the assistance described in clause 16.1.

16.3 Our own breaches

Where a Security Incident affects personal information that we hold in our own right (for example, account and billing contact details, or enquiry and support data), we are the responsible entity and will carry out our own assessment and any notification required of us under the Notifiable Data Breaches scheme.

17Notices

Notices to us must be sent to support@snapjobreports.com and, for legal notices, also to TrueAgent Pty Ltd, 79 Grange Road, Sandringham VIC 3191, Australia. Notices to the Customer may be sent by email to the Account’s billing or administrator contact, or delivered through the administrator portal. A notice sent by email is taken to be received when the sender’s system records successful transmission, provided no failure notice is received.

18Dispute resolution

If a dispute arises out of or in connection with these Terms, the parties must, before commencing court proceedings (other than for urgent interlocutory relief), first: (a) give written notice of the dispute, describing its nature and the relief sought; (b) attempt in good faith to resolve the dispute at the level of senior management within 14 days of the notice; and (c) if not resolved, refer the dispute to a mediator appointed by the Resolution Institute (or, failing agreement, by the President of the Resolution Institute). The mediation will be held in Melbourne, Victoria, or — at the Customer’s election — in the capital city of the Australian State or Territory in which the Customer’s registered office or principal place of business is located, or by video-conference. Each party bears its own costs of mediation and shares the mediator’s fees equally. Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief from a court.

19General

19.1 Governing law and jurisdiction

These Terms are governed by the laws in force in Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them. This means a party may bring proceedings in the courts of Victoria, but nothing in these Terms requires the Customer to litigate only in Victoria or prevents either party from bringing or transferring proceedings in another Australian court that properly has jurisdiction, including a court in the State or Territory where the Customer is located.

19.2 Changes to these Terms

We may amend these Terms from time to time. For any change that materially and adversely affects the Customer’s rights, we will give all affected account-holders (not only paid-Plan account-holders) at least 30 days’ advance notice by email or in-product notification before the change takes effect. A Customer who does not accept such a change may, before it takes effect, terminate the affected Plan and export its Customer Data without penalty, and we will refund any prepaid Fees for the unused portion of the term on a pro-rata basis under clause 5.6. We will not treat mere continued use as acceptance of a change that materially reduces the Customer’s rights without giving the Customer that notice and that no-penalty exit first. Non-material changes (such as clarifications, updates to contact details, or changes to Sub-processors handled under clause 14) take effect on posting.

19.3 Assignment

The Customer may not assign or novate its rights or obligations under these Terms without our prior written consent. We may assign or novate to: (a) a related body corporate; or (b) an acquirer of all or substantially all of our business or assets, on notice to the Customer.

19.4 Subcontracting

We may subcontract our obligations, but remain responsible for the acts and omissions of our subcontractors and Sub-processors as if they were our own.

19.5 Force majeure

Neither party is liable for any failure or delay in performing its obligations (other than the payment of money) to the extent caused by an event beyond its reasonable control, including natural disasters, war, civil unrest, pandemic, denial-of-service attack, failure of telecommunications networks or upstream infrastructure provider outages, provided the affected party promptly notifies the other and uses reasonable efforts to mitigate.

19.6 Relationship

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

19.7 No third-party rights

These Terms confer rights and obligations only on the parties. No other person is entitled to enforce any provision of these Terms.

19.8 Severability

If any provision is held invalid, illegal or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions continue in full force.

19.9 Waiver

A failure or delay in exercising a right is not a waiver of that right. A waiver is only effective if in writing and signed by the waiving party.

19.10 Entire agreement

These Terms (together with the Privacy Policy, any order form, and the Documentation incorporated by reference) constitute the entire agreement between the parties about its subject matter and supersede all prior agreements, representations and understandings. In the event of inconsistency, the order of precedence is: (1) an executed order form, (2) these Terms, (3) the Privacy Policy, (4) the Documentation. Nothing in this clause excludes liability for fraud or for any representation that cannot be excluded under the Australian Consumer Law.

19.11 Counterparts and execution

Acceptance of these Terms by click-through, electronic acceptance or by use of the Service is effective execution by the accepting party.

19.12 Trustee limitation of liability

TrueAgent enters into these Terms only in its capacity as trustee of The TrueAgent Unit Trust (the Trust), and in no other capacity. Subject to the rest of this clause, TrueAgent’s liability under or in connection with these Terms is limited to the extent to which it is actually indemnified out of the assets of the Trust available for that indemnity. This limitation does not apply, and TrueAgent’s liability is not so limited, to the extent that its right of indemnity out of the Trust’s assets is reduced or unavailable as a result of TrueAgent’s own fraud, negligence or wilful breach of trust. Nothing in this clause limits any liability that cannot be excluded or limited at law, including under the Australian Consumer Law.

20Contact

Snap Job Reports is operated by TrueAgent Pty Ltd (ABN 70 636 626 956) ATF The TrueAgent Unit Trust (ABN 54 180 227 297), 79 Grange Road, Sandringham VIC 3191, Australia.
Support and notices: support@snapjobreports.com.