Terms of Service

1. Acceptance of Terms

By accessing or using the Tradmin platform, website, or mobile applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you") and Tradmin Limited ("Tradmin", "we", "us"). These Terms are governed by the laws of New Zealand.

2. Description of Service

Tradmin is a business management platform designed for tradespeople and small trade businesses in New Zealand and Australia. The Service provides tools including but not limited to:

• Quote and invoice creation and delivery
• Job scheduling and management
• AI-assisted voice-to-quote and smart suggestions
• Payment collection and reminders
• Customer and job record management
• Integration with third-party accounting and payment tools

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Eligibility and Accounts

3.1 Eligibility

You must be at least 18 years of age to use the Service. By registering, you confirm you meet this requirement.

3.2 Account registration

You must provide accurate, current, and complete information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us immediately at [email protected] if you suspect unauthorised access to your account.

3.3 One account per business

Each business entity should maintain one primary account. Creating multiple accounts to circumvent plan limits or trial restrictions is prohibited.

4. Subscription Plans and Payment

4.1 Fees

Certain features of the Service require a paid subscription. Fees are set out on our Pricing page and are stated in New Zealand Dollars (NZD) or Australian Dollars (AUD) exclusive of GST unless otherwise stated. GST (15% for NZ, 10% for AU) will be added where applicable.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis depending on your selected plan. Payment is due on the renewal date. We use Stripe to process payments — by providing your payment details you authorise Stripe to charge your nominated payment method.

4.3 Free trial

We may offer a free trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. We will notify you before the trial expires.

4.4 Price changes

We will give at least 30 days' notice of any price increase. Continued use after the effective date constitutes acceptance of the new pricing.

4.5 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be eligible for a pro-rata refund if cancelled within 14 days of the renewal date, at our discretion. Nothing in this clause limits any rights you may have under the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law.

4.6 Late payment and suspension

If a payment fails, we will notify you and attempt to retry. If payment remains outstanding for 7 days, we may suspend access to your account until payment is made. Data will not be deleted during a suspension period.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit viruses, malware, or any harmful code.
• Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
• Scrape, crawl, or harvest data from the Service without our written consent.
• Use the Service for any fraudulent purpose, including sending fraudulent invoices or quotes.
• Harass, threaten, or harm any individual through the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Resell or sublicense access to the Service without our written consent.

We reserve the right to suspend or terminate your account immediately for material breaches of this section.

6. Your Data

6.1 Ownership

You retain full ownership of all data you upload, enter, or generate through the Service ("User Data"), including customer records, quotes, invoices, and job notes.

6.2 Licence to Tradmin

You grant us a limited, non-exclusive, royalty-free licence to access, store, and process your User Data solely to provide and improve the Service. We will not use your User Data to train AI models without your explicit consent.

6.3 Data export

You may export your User Data at any time through the Service. On account closure, we will make your data available for export for 30 days before deletion.

6.4 Accuracy

You are solely responsible for the accuracy, completeness, and legality of all User Data you input into the Service, including customer information and financial figures on quotes and invoices.

7. Intellectual Property

7.1 Tradmin IP

The Service, including all software, design, trademarks, trade names, and content created by Tradmin, is the exclusive property of Tradmin Limited and is protected by New Zealand and international intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

7.2 Feedback

If you provide suggestions, feedback, or ideas about the Service, you grant us a perpetual, royalty-free licence to use that feedback for any purpose without compensation to you.

8. Third-Party Services and Integrations

The Service may integrate with third-party platforms including Xero, MYOB, Stripe, and others. Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of third-party services. Disconnecting a third-party integration is your responsibility and may affect features within the Service.

9. AI Features

Tradmin uses artificial intelligence features including voice transcription and smart suggestions. These features are provided as a convenience and may not be accurate in all cases. You are solely responsible for reviewing, verifying, and approving any AI-generated output before sending it to customers or relying on it for business decisions. AI-generated quotes and invoices carry the same legal standing as manually created ones — you remain liable for their contents.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses. We do not warrant the accuracy of any AI-generated content, pricing suggestions, or scheduling recommendations.

Nothing in these Terms limits any statutory guarantees you may have under the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law that cannot lawfully be excluded.

11. Limitation of Liability

To the maximum extent permitted by law, Tradmin's total liability to you for any claim arising out of or relating to these Terms or the Service — whether in contract, tort, negligence, or otherwise — shall not exceed the total fees paid by you to Tradmin in the 12 months preceding the event giving rise to the claim.

In no event shall Tradmin be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

These limitations do not apply to liability arising from fraud, wilful misconduct, death, or personal injury caused by our negligence, or any liability that cannot be excluded or limited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tradmin, its directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your User Data; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

13. Suspension and Termination

13.1 By you

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You remain responsible for all fees incurred prior to cancellation.

13.2 By us

We may suspend or terminate your account immediately if you materially breach these Terms, engage in fraudulent activity, or if required by law. For non-material breaches, we will provide 14 days' notice and an opportunity to remedy the breach.

13.3 Effect of termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days for export purposes, after which it will be permanently deleted (subject to legal retention requirements). Sections 6.1, 7, 10, 11, 12, and 15 survive termination.

14. Modifications to Terms

We may update these Terms at any time. For material changes, we will notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription.

15. Governing Law and Disputes

15.1 Governing law

These Terms are governed by and construed in accordance with the laws of New Zealand. For Australian users, the Australian Consumer Law also applies to the extent required.

15.2 Dispute resolution

Before initiating any formal proceedings, both parties agree to attempt in good faith to resolve any dispute informally by contacting us at [email protected]. If a dispute cannot be resolved within 30 days, either party may pursue formal legal remedies.

15.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising under these Terms, except where mandatory consumer protection laws in your jurisdiction require otherwise.

16. General

• Entire agreement: These Terms, together with our Privacy Policy and any order forms or plan descriptions, constitute the entire agreement between you and Tradmin regarding the Service.
• Severability: If any provision is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force majeure: We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, cyberattacks, or government actions.
• Notices: Legal notices to Tradmin should be sent to [email protected]. We will send notices to the email address associated with your account.

17. Contact

For any questions about these Terms:

• Email: [email protected]
• Company: Tradmin Limited
• Jurisdiction: New Zealand