Terms of Service

1. About these Terms.

These Terms of Service ("Terms") govern access to and use of the CRM Pilot platform and related services (the "Service"), provided by Tech To Cloud Pty Ltd (ABN 80 612 353 698) of Level 5, Suite 1, 222 Kings Way, South Melbourne, Victoria 3205 ("CRM Pilot", "we", "us", "our"). By creating an account, signing an order form or onboarding agreement that references these Terms, or using the Service, you ("Customer", "you") agree to these Terms. If you accept on behalf of a business, you confirm you are authorised to bind that business. The Service is for business use. These Terms incorporate our Privacy Policy, Acceptable Use Policy and Cookie Policy.

2. The Service.

CRM Pilot is a customer relationship management, marketing and automation platform that may include contact management, pipelines, email and SMS messaging, calendars, automation workflows, forms, reporting and AI features as described in your order form or on our website. The Service is delivered using third-party cloud software and hosting infrastructure located in the United States, and data submitted to the Service may also be processed in other countries (including India) by our infrastructure providers and their subprocessors. By using the Service you consent to your data and your end customers' data being hosted and processed in those locations. We may improve, modify or update features from time to time, and will not materially reduce the core functionality you have paid for during a billing period without notice.

3. Accounts.

You must provide accurate, current and complete information and keep it up to date. You are responsible for the confidentiality of your login credentials and for all activity under your account, and must enable reasonable security features where offered. Notify us immediately at info@crmpilot.com.au of any suspected unauthorised access.

4. Fees, Billing and GST.

Fees are set out in your order form, onboarding agreement, or our published pricing. Subscription fees are billed in advance on a recurring monthly basis (or as otherwise agreed) and your nominated payment method is charged automatically each cycle until cancelled. Usage-based charges (SMS, phone numbers, calls, AI usage and similar) are additional, billed in arrears or deducted from a prepaid balance at the rates notified to you. Unless stated otherwise, fees are expressed [inclusive / exclusive] of GST, charged in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), with a tax invoice provided. One-time fees (such as a Launch Package or setup fee) are payable as set out in your order form and are non-refundable once the relevant work has commenced, except as required by law. We may change recurring fees on at least 30 days' written notice; if you do not accept a change you may cancel before it takes effect. If a payment fails we may retry it and may suspend the Service if fees remain unpaid 14 days after we notify you.

5. Term, Cancellation and Effect of Termination.

Subscriptions continue month to month (or for the term in your order form) until cancelled. You may cancel with effect from the end of the current billing period by written notice to info@crmpilot.com.au or through your account. We may suspend or terminate access: (a) immediately for a material breach not remedied within 14 days of notice, or immediately for unlawful use or breach of the Acceptable Use Policy; (b) for non-payment as above; or (c) otherwise on 30 days' written notice. On termination your right to use the Service ends; fees paid for the current period are not refundable except as required by law or where we terminate for convenience; and you have 30 days from termination to export your data, after which it may be permanently deleted. We recommend exporting your data regularly.

6. Your Data.

As between you and us, you own all data, contacts and content you or your end customers submit ("Customer Data"). You grant us a non-exclusive licence to host, copy, process, transmit and display Customer Data solely to provide the Service, comply with law and maintain security. You are responsible for the accuracy and legality of Customer Data and warrant that you have all rights and consents required to provide it and have it processed as described in these Terms and our Privacy Policy, including any consents required from your own customers. We provide reasonable means to export Customer Data during the term and the 30-day post-termination window.

7. Your Compliance Obligations.

You are solely responsible for the content, recipients and timing of all communications you send using the Service, and you are the sender for all legal purposes. You must comply with all applicable laws, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act 1988 (Cth) and the Australian Consumer Law, and with our Acceptable Use Policy. You must obtain and keep records of the consents required before contacting any person and promptly honour unsubscribe and opt-out requests.

8. Privacy and Data Location.

Our handling of personal information is described in our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You acknowledge the Service is hosted on infrastructure in the United States and that personal information within Customer Data will be transferred there and may be processed in other countries (including India). Where you collect personal information from your own customers and process it through the Service, you are the entity with primary privacy obligations to those individuals and must maintain your own privacy policy, make required disclosures (including about overseas storage) and obtain necessary consents.

9. AI Features.

Some features use artificial intelligence to generate content or conduct automated conversations. AI output may be inaccurate or incomplete; you must review it before relying on or publishing it, and you must disclose to your customers when they are interacting with an automated or AI assistant. AI output is not legal, financial, medical or other professional advice.

10. Third-Party Services and Platform Reliance.

The Service interoperates with third-party products (payment processors, calendars, messaging carriers and similar); your use of those products is governed by the third party's terms and we are not responsible for them. Carrier and delivery outcomes for SMS and email depend on third-party networks and recipient systems and cannot be guaranteed. The Service is provided using third-party platform technology that we license and operate under our own brand. We are not liable for the acts, omissions, availability, pricing changes, or discontinuation of that third-party provider. Our ability to provide the Service is conditional on our continued access to that technology; if that access is materially changed or withdrawn we will use reasonable efforts to maintain continuity or provide a comparable alternative, and where we cannot, our liability is limited as set out in Section 13 and we may terminate affected Services on reasonable notice.

11. Intellectual Property.

We and our licensors own all intellectual property rights in the Service. We grant you a non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription. You must not copy, modify, reverse engineer or create derivative works except as permitted by law. You retain rights in your own branding and Customer Data. Feedback you give us may be used without restriction or payment.

12. Availability and Support.

We aim to make the Service available at all times but do not guarantee uninterrupted or error-free operation. Maintenance and matters outside our reasonable control (including failures of third-party hosting, carriers or networks) may affect availability. Support is provided during Australian business hours via info@crmpilot.com.au.

13. Australian Consumer Law, Warranties and Liability.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having them supplied again. Subject to the above: (a) the Service is otherwise provided "as is" and we exclude all other warranties to the extent permitted by law; (b) neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings; and (c) our total aggregate liability in connection with these Terms is limited to the fees you paid for the Service in the three months before the event giving rise to the liability. These limits do not apply to your payment obligations, your indemnity, or liability that cannot be limited by law.

14. Your Indemnity.

You indemnify us against losses, liabilities and reasonable costs arising from third-party claims relating to: (a) Customer Data; (b) communications you send in breach of Section 7 or the Acceptable Use Policy; or (c) your breach of applicable law, except to the extent caused by our breach or negligence.

15. Changes to these Terms.

We may update these Terms. For material changes we give at least 30 days' notice by email or in-app. If you do not accept a material change you may cancel before it takes effect; continued use after the effective date is acceptance.

16. General.

These Terms, your order form/onboarding agreement and our policies are the entire agreement about the Service. Unenforceable provisions are severed to the minimum extent necessary. Neither party is liable for delay caused by events beyond its reasonable control. You may not assign without our consent (not unreasonably withheld); we may assign to a related body corporate or in connection with a sale of business with notice.

17. Governing Law.

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

18. Contact.

Tech To Cloud Pty Ltd, Level 5, Suite 1, 222 Kings Way, South Melbourne VIC 3205. Email: info@crmpilot.com.au. Web: crmpilot.com.au.