Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using AutoFlexx ("the Service"), you ("you", "your", "the User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and AutoFlexx ("we", "us", "our").

2. About AutoFlexx

AutoFlexx is a cloud-based software-as-a-service (SaaS) platform designed for automotive repair shops, mechanics, and trade businesses to manage jobs, customers, vehicles, invoicing, quoting, communications, reminders, and business operations.

3. Eligibility

To use AutoFlexx, you must:

• Be at least 18 years of age
• Have the legal authority to bind the business you register
• Provide accurate, complete, and current information during registration and at all times

4. Accounts and Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, whether authorised or not
• Ensuring any users you invite comply with these Terms
• Notifying us immediately if you suspect unauthorised access to your account

AutoFlexx is not responsible for any loss or damage arising from unauthorised access to your account resulting from your failure to secure your credentials.

5. Subscriptions, Billing and Payments

• AutoFlexx operates on a subscription-based pricing model
• Pricing, plan limits, and included features are displayed within the application and on our website
• Subscriptions renew automatically unless cancelled before the renewal date
• Payments are processed securely by third-party payment processors (e.g. Stripe). AutoFlexx does not store credit card or debit card details
• Failure to pay may result in feature restrictions or account suspension
• Access to your account for billing management and data export purposes will not be blocked solely due to non-payment

6. Free Trial

AutoFlexx may offer a free trial period. At the end of the trial, your account will be downgraded or suspended unless you subscribe to a paid plan. We reserve the right to modify or discontinue trial offers at any time without notice.

7. Refund and Cancellation Policy

• You may cancel your subscription at any time from within the application
• Cancellation takes effect at the end of the current billing period. You will retain access until then
• Refunds are not provided for partial billing periods
• If you believe you have been charged in error, contact us at support@autoflexx.net.au within 14 days of the charge
• Refund requests are assessed on a case-by-case basis at our discretion

8. SMS and Communication Costs

By enabling SMS or automated messaging features, you acknowledge and agree that:

• SMS messages may incur third-party charges (e.g. carrier or provider fees)
• Estimated costs are displayed before enabling messaging features
• You are responsible for all messaging costs generated by your account
• AutoFlexx is not responsible for carrier pricing changes, delivery delays, message filtering, or non-delivery by carriers

9. Customer Communications and Consent

You confirm that:

• You have obtained lawful consent from your customers before contacting them via the Service
• You comply with all applicable privacy, spam, and communications laws (including the Australian Spam Act 2003)
• You will not send unsolicited, misleading, or unlawful messages using the Service

AutoFlexx may suspend or terminate accounts that misuse messaging features or breach applicable laws.

10. Acceptable Use

You must not:

• Use the Service for unlawful, fraudulent, or abusive purposes
• Attempt to bypass system limits, security controls, or access restrictions
• Send spam, malware, or harmful communications via the Service
• Interfere with the performance, integrity, or availability of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicence, or redistribute access to the Service without our written consent

11. Data Ownership

• You retain ownership of all business and customer data you input into the Service
• You grant AutoFlexx a limited, non-exclusive licence to process, store, and transmit your data solely to provide and improve the Service
• AutoFlexx does not sell user or customer data to third parties
• Upon account termination, you may request export of your data within 30 days

12. Data Accuracy

AutoFlexx is a tool to assist with business management. You are solely responsible for the accuracy of all data you enter into the Service, including but not limited to customer details, vehicle information, pricing, invoices, and quotes. AutoFlexx does not verify the accuracy of user-entered data and accepts no liability for errors, omissions, or incorrect information entered by users.

13. Third-Party Integrations

The Service integrates with third-party providers including but not limited to Stripe (payments), Twilio (SMS), and email delivery services. AutoFlexx is not responsible for the availability, performance, or actions of these third-party services. Your use of third-party services is subject to their respective terms and conditions.

14. No Professional Advice

AutoFlexx is a business management software tool. Nothing within the Service constitutes legal, financial, accounting, mechanical, or professional advice. You should consult qualified professionals for such matters. AutoFlexx accepts no liability for decisions made based on information within the Service.

15. Service Availability

• The Service is provided "as is" and "as available"
• AutoFlexx does not guarantee uninterrupted, error-free, or fault-free operation
• We aim to maintain high availability but may perform scheduled or emergency maintenance
• Features, limits, and pricing may change over time with reasonable notice

16. Disclaimer of Warranties

To the maximum extent permitted by law, AutoFlexx expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements, that the Service will be uninterrupted or error-free, or that any defects will be corrected.

17. Limitation of Liability

To the maximum extent permitted by Australian law:

• AutoFlexx is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunity, or goodwill
• AutoFlexx's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to AutoFlexx in the 12 months preceding the claim
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise)

18. Indemnification

You agree to indemnify, defend, and hold harmless AutoFlexx, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use or misuse of the Service
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any data or content you submit through the Service
• Your communications with your customers via the Service

19. Force Majeure

AutoFlexx shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, power failures, internet outages, third-party service failures, cyberattacks, pandemics, or industrial action.

20. Termination

• You may cancel your account at any time from within the application
• AutoFlexx may suspend or terminate accounts for serious or repeated violations of these Terms, with or without prior notice
• Upon termination, your right to use the Service ceases immediately
• Provisions that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) shall survive

21. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue resolution through the courts of Australia.

22. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or within the Service. Continued use of the Service after changes are published constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

23. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia. You submit to the exclusive jurisdiction of the courts of Australia for the resolution of any disputes.

24. Severability

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

25. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and AutoFlexx regarding the use of the Service and supersede all prior agreements and understandings.

26. Contact

For enquiries regarding these Terms of Service:

support@autoflexx.net.au
AutoFlexx — Australia