01Agreement to these terms
These Terms of Service (“Terms”) are a legal agreement between you and [Company Legal Name] ([Company number / NZBN]), of [Registered address] (“SKEDS”, “we”, “us” or “our”). They govern your access to and use of the SKEDS website, web application and mobile apps (together, the “Service”).
By creating an account, accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a business, “you” means that business, and you confirm you are authorised to bind it (see section 03).
02Definitions
- Account — the SKEDS account registered for your business.
- Authorised User — a person you allow to access the Service under your Account, such as an owner, dispatcher, office staff member or field technician.
- Customer Data — the data you and your Authorised Users enter into or upload to the Service, including information about your staff, clients, jobs, sites and invoices.
- Subscription — your paid plan to use the Service for a billing term.
03Eligibility and authority
The Service is intended for business use by people who are at least 18 years old (or the age of majority where you live). By using the Service, you confirm that you meet these requirements and, if you are acting for a business, that you have authority to enter into these Terms on its behalf and to bind it.
04Accounts and users
You are responsible for your Account, including the actions of your Authorised Users and keeping login details secure. You must provide accurate registration information and keep it up to date. Tell us promptly if you believe your Account has been accessed without authorisation.
You are responsible for making sure your Authorised Users comply with these Terms, and for the permissions you grant them within the Service.
05Plans, fees and billing
- Fees. Paid features require a Subscription. Current prices and plan details are shown at sign-up or on our website, and may vary by country and currency.
- Billing and renewal. Subscriptions are billed in advance on a recurring basis (for example monthly or annually) and renew automatically for the same term until cancelled, unless stated otherwise.
- Taxes. Fees are exclusive of taxes unless stated. You are responsible for applicable taxes such as GST, VAT or sales tax, except for taxes on our income.
- Cancellation. You can cancel renewal at any time from your Account or by contacting us, effective at the end of your current term. Except where required by law or expressly stated, fees already paid are non-refundable.
- Price changes. We may change fees for future terms by giving you reasonable notice — at least [Notice period] — before the change takes effect. If you do not agree, you may cancel before the change applies.
- Late or failed payment. If payment fails, we may suspend or limit the Service until amounts due are paid.
06Free trials
We may offer a free trial. At the end of the trial, your plan may convert to a paid Subscription unless you cancel first, and we will make the key trial terms clear when you sign up. We may change or withdraw trials at any time.
07Acceptable use
You agree not to:
- use the Service unlawfully, or to store or send unlawful, infringing or harmful content;
- upload material you do not have the right to use, or that infringes others’ rights;
- attempt to gain unauthorised access to the Service or interfere with its operation or security;
- introduce malware, or scrape, overload or disrupt the Service;
- copy, modify, reverse-engineer, resell or create derivative works from the Service, except as the law allows; or
- use the Service to send unlawful marketing or to breach others’ privacy rights.
You are responsible for ensuring your own use of the Service — including how you contact your clients and handle their information — complies with the laws that apply to your business.
08Your data and our role
You own your Customer Data. As between you and us, you keep all rights in your Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data only as needed to provide and support the Service, to secure it, and as otherwise permitted in these Terms and our Privacy Policy.
Your responsibilities. You are responsible for the accuracy and legality of your Customer Data and for having the rights and permissions needed to enter it into the Service — including any personal information about your staff and clients. Where data protection law treats you as the controller and us as the processor, we will process personal information on your behalf as described in our Privacy Policy and any data processing terms we agree with you.
Backups. We keep backups as part of operating the Service, but you are responsible for keeping your own copies of data that is important to you.
09Third-party integrations
The Service can connect with third-party tools such as Xero and MYOB. If you enable an integration, you authorise the exchange of data needed for it to work, and your use of that third-party tool is governed by its own terms. We are not responsible for third-party tools, and we do not guarantee they will remain available or compatible. A third party may change or withdraw its integration at any time.
10Site safety disclaimer
SKEDS includes features to help you record and manage site-safety information, such as hazard notes, checklists and sign-ins. These are organisational tools only. They are not legal, health-and-safety or compliance advice, and they do not replace your own judgement or your legal duties.
You remain solely responsible for the health and safety of your workers and others, and for complying with the workplace health-and-safety laws that apply to you — for example the Health and Safety at Work Act in your country, work health and safety legislation, or equivalent rules. Do not rely on the Service as your sole means of meeting those duties.
11Intellectual property
The Service, including its software, design, text, graphics and the SKEDS name and logo, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your Subscription in line with these Terms. We keep all rights not expressly granted.
If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service, without obligation to you.
12Availability and changes
We aim to keep the Service available and reliable, but we do not guarantee it will be uninterrupted or error-free. We may carry out maintenance, and we may add, change or remove features over time. If we plan a change that materially reduces core functionality, we will give reasonable notice where we can.
13Suspension and termination
You may stop using the Service and close your Account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to the Service, us or others — and, where practical, we will give you notice and a chance to fix the problem first.
On termination, your right to use the Service ends. We will make your Customer Data available for export for a reasonable period as described in our Privacy Policy or your agreement with us, after which we may delete it, subject to legal retention requirements. Terms that by their nature should survive termination — including data ownership, intellectual property, disclaimers, liability limits, indemnity and governing law — will survive.
14Disclaimer of warranties
Except as expressly stated in these Terms and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet your requirements or that results obtained from it will be accurate or reliable. This section does not limit the non-excludable rights described in section 15.
15Your consumer rights
Some laws give you guarantees or rights that cannot be excluded. Nothing in these Terms limits or excludes any right you have that cannot lawfully be limited or excluded. Where such rights apply, our liability for breaching them is limited to the extent the law allows.
🇦🇺Australia▾
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where those guarantees apply and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied, to the extent permitted by law.
🇳🇿New Zealand▾
If you acquire the Service for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law. If you are not in trade, your rights under that Act are not affected.
🇪🇺🇬🇧European Union & United Kingdom▾
If you are a consumer, you keep all mandatory rights under the consumer-protection laws of your country, and nothing in these Terms affects those rights. Many provisions of these Terms are intended for business customers.
🇧🇷Brazil▾
If the Brazilian Consumer Defence Code (Código de Defesa do Consumidor) applies to you, your rights under it are not affected by these Terms.
🇺🇸🇨🇦United States & Canada▾
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the exclusions and limits in these Terms may not apply to you. In that case, they apply to the greatest extent permitted by law.
16Limitation of liability
To the fullest extent permitted by law, and except for the non-excludable rights in section 15:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, even if advised of the possibility; and
- our total liability arising out of or relating to the Service and these Terms is limited to the amount you paid us for the Service in the [12 months] before the event giving rise to the liability.
These limits apply to all claims, whether in contract, tort (including negligence), statute or otherwise. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud or death or personal injury caused by negligence.
17Indemnity
To the extent permitted by law, you agree to indemnify and hold us harmless from claims, losses and reasonable costs (including legal costs) arising from your Customer Data, your use of the Service in breach of these Terms or the law, or your infringement of a third party’s rights. We will tell you promptly of any such claim and let you participate in its defence.
18Governing law
These Terms are governed by the laws of [Governing-law country], without regard to its conflict-of-laws rules, and the courts of [Courts / city] have non-exclusive jurisdiction over any dispute. If you are a consumer, you may also have the right to bring proceedings in your country of residence and to rely on the mandatory consumer laws there; nothing in this section removes those rights.
Before starting formal proceedings, we encourage you to contact us so we can try to resolve the matter informally.
19Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the “Effective date” above and give reasonable notice through the Service or by email where appropriate. If you keep using the Service after the changes take effect, you accept the updated Terms. If you do not agree, you should stop using the Service and may cancel your Subscription.
20General
- Entire agreement. These Terms, the Privacy Policy and any plan or order details form the entire agreement between you and us about the Service.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
- Severability. If any provision is found unenforceable, the rest remains in effect.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may give notices through the Service or by email to your Account address; you can reach us using section 21.
21Contact
Questions about these Terms? Contact us at:
SKEDS
[Company Legal Name]
[Registered address]
Support: support@skedsapp.com
Legal: legal@skedsapp.com