Terms of Service‍

Effective: 26 May 2025

1. Introduction

1.1 These Terms of Service ("Terms") governs your access to and use of AutoFetch.AI's automation services including any updates, upgrades, modified versions, extensions and improvements of the foregoing (collectively, the "Service" or "Services").

1.2 The Services are provided to you by AUTOFETCH AI PTY LTD (ABN: 39 686 695 321) ("AutoFetch.AI", "we", "our" or "us"). These Terms govern how you are provided with the Service including all access and use of the Service. All use of the Service is subject to acceptance of these Terms. By accessing, using or being provided with the Service, or any content or services provided on the Service, you are agreeing to these Terms.

1.3 These Terms are effective from the date specified above and may be amended by AutoFetch.AI from time to time. Your continued use of the Service following the posting of changes to these Terms will mean that you accept those changes.

1.4 "You" or "your" means the entity that you represent in accepting these Terms. You represent and warrant that:
(i) If you (the person accepting this agreement and Terms) are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms;
(ii) You have full legal authority to bind your employer, company or such entity to these Terms;
(iii) You have read and understand these Terms; and
(iv) You agree to these Terms on behalf of such employer, company or entity.

1.5 By using the Service, you will entering into an Agreement is between you (the Customer) and AutoFetch.AI, and will be bound by these Terms.

1.6 If you are accepting the Agreement and Terms using an email address from your employer or another entity, then:
(i) You will be deemed to represent that party;
(ii) Your acceptance of this Agreement and Terms will will bind your employer or that entity to these Terms; and
(iii) The word "you" or "Customer" in this Agreement and Terms will refer to your employer or that entity.

1.7 By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of signing up to use the Service, downloading any data or documentation the Service provides, or by using or accessing the Service, you confirm you are bound by this Agreement and Terms. If you do not wish to be bound by this Agreement and Terms, do not click “Agree” (or similar button or checkbox), download any data or documentation the Service provides, or use or access the Service.

1.8 You agree that your use of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by AutoFetch.AI or any third party regarding future functionality or features.

1.9 The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms.

1.10 If any clause of these Terms is held to be invalid or unenforceable by a court of law, the remaining clauses of the Terms will remain in full force and effect.

2. Your Use of the Service

2.1 Your use of the Service must comply with all applicable laws and regulations and be in accordance with these Terms. You agree to not use the Service for any unlawful purposes.

2.2 You hereby represent and warrant that you have the legal capacity to enter into contracts under the law of the jurisdiction in which you reside. By using our Service, you represent and warrant that you can form a binding contract with us. If you are using the Services on behalf of a company, you represent and warrant that you are authorised to enter into an agreement on behalf of that legal entity. Your use of the Service and subsequent agreement to be bound by these Terms constitutes a legal, valid and binding obligation of you and such party.

2.3 You must provide accurate and complete registration information any time you register to use the Service.

2.4 The Service may only be provided to you and/or accessed and used after payment of applicable fees. Except as expressly stated in these Terms or as required by applicable law, all fees paid are non-refundable.

2.5 The Service is provided on a month by month basis, and we will continue to provide you with the Service on an automatic monthly renewal and ongoing basis. The Service will continue on an ongoing basis until such date as applicable that you cancel your use of the Service.

2.6 Each party may terminate the Service upon written notice to the other party. The termination date of the Service will taken as the date of the written notice.

2.7 Each party may also terminate the Service upon written notice if the other party materially breaches any of the terms or conditions of these Terms, any other terms or agreements incorporated by reference herein, or notices provided to either party (including any failure by you to pay any amounts when due), and such other party fails to cure such breach within 14 days after receipt of written notice from the non-breaching party describing the breach or immediately if such material breach is incapable of cure.

2.8 We reserve the right to terminate or suspend our Service to you at any time and for any reason upon notice to you. If we terminate or suspend your access to our Service, we will refund a prorated portion of your monthly payment. We will not refund or reimburse you if we terminate your access to our Service for cause, including (without limitation) for a violation of these Terms.

2.9 You will not and will not permit anyone else to:
(i) Sell, sublicense, distribute, transfer, or rent the Service (in whole or part);
(ii) Grant non-users access to the Service or use the Service for the purpose of creating a product or service competitive with the Service to others;
(iii) Provide access to the Service to a third party, other than to direct employees of your company or entity;
(iv) Reverse engineer, decompile, disassemble or seek to access the source code of the Service;
(v) Conduct security or vulnerability tests of the Service or interfere with its operation;
(vi) Modify or create derivative works of the Service; or
(vii) Otherwise use the Service outside of the scope of the rights expressly granted herein.

3. Security and Privacy

3.1 AutoFetch.AI's Privacy Policy describes AutoFetch.AI's collection, use, storage and disclosure of your data and content and is hereby incorporated by this reference into these Terms. You agree to the use of your data, information and content and all associated data, information and content provided to us in accordance with AutoFetch.AI’s Privacy Policy.

3.2 AutoFetch.AI processes your data, information and documents in order to provide you with the Service in accordance with this Agreement.

3.3 We have implemented and maintain physical, technical, and administrative security measures designed to protect the Service and your data, information and content from unauthorised access, destruction, use, modification, or disclosure.

3.4 By transmitting, sending, processing, and/or storing data and content in the Service, you hereby grant AutoFetch.AI a non-exclusive, and limited-term license to access, use, process, copy, store, distribute, perform, transmit, export, and display your data and content, as reasonably necessary:
(i) To provide, maintain, operate, improve, and update the Service;
(ii) To prevent or address service, security, support, or technical issues; and
(iii) As required by law.

3.5 You shall be solely responsible for the accuracy, quality, content, and legality of all data and content, and any actions triggered by data and content sent to AutoFetch.AI. You represent and warrant that:
(i) You have obtained all necessary rights, releases, and permissions to send or transmit data, information and content through the Service, and to otherwise use, process, and/or store data and content on the Service; and
(ii) Data, information and content, and its transmission, processing, storage, and use as you authorise in these Terms will not violate any laws or regulations, these Terms, or the terms of any applicable Third-Party Service, Third-Party company or external company whose data and content you transmit, store, and/or send to the Service.

3.6 While AutoFetch.AI will take reasonable measures to protect your data and content, AutoFetch.AI shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with any data breach, unauthorised access, or loss of data and content.

3.7 If AutoFetch.AI becomes aware of a security incident, AutoFetch.AI will:
(i) Notify you without undue delay, and not later than 48 hours after AutoFetch.AI discovers the security incident; and
(ii) Make reasonable efforts to identify the cause of the security incident, mitigate the effects, and remediate the cause to the extent within AutoFetch.AI’s reasonable control. You acknowledge that AutoFetch.AI providing notification of a security incident is not an acknowledgment of fault or liability.

3.8 AutoFetch.AI will ensure that its personnel authorised to process your data, information and documents are subject to confidentiality undertakings or professional obligations of confidentiality. AutoFetch.AI will never share your information to any other company or organisation.

4. The Service

4.1 As part of our Service, AutoFetch.AI will provide:
(i) Weekly timesheet summary showing the hours worked by workers based on timesheets and dockets provided by you to us; or
(ii) Cost trackers based on invoices and dockets provided by you to us; or
(iii) Monthly cost reports based on timesheets, dockets and invoices provided by you to us.

4.2 You are solely responsible for:
(i) Providing us with all data, information and documents;
(ii) Ensuring the accuracy, content and legality of all data, information and documents you provide to us; and
(iii) Ensuring you have made all disclosures and obtained all rights and consents necessary for AutoFetch.AI to use the data, information and documents you upload, send or transmit to us.

4.3 You acknowledge and agree that:
(i) Any information and documents we provide you will only capture the information and documents sent by you to us. We will not be liable for any inaccuracies, omissions, shortfalls or errors in any documentation we provide you based on the information and documents you provide us;
(ii) Any documentation you provide us that has handwriting must be legible. Any information or documents you send us with hand writing that is not legible may result in documents we provide you being inaccurate, incomplete or with errors; and
(iii) You will provide us all information and documents in a timely manner;

4.4 AutoFetch.AI does not guarantee that any information or documentation we provide you will be accurate, complete or will not contain inaccuracies, mistakes, shortfalls, omissions or errors. You agree that you will check all documentation sent to you by us, for any inaccuracies, mistakes, shortfalls, omissions or errors.

4.5 If you find any inaccuracies, mistakes, shortfalls, omissions or errors in the documentation sent by us to you, you must notify us of such errors so that we can correct such errors in any future documentation we send you.

4.6 You acknowledge and agree that AutoFetch.AI will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, or other intangible losses due to the information or documentation we send you containing inaccuracies, mistakes, shortfalls, omissions or errors.

4.7 By uploading, transmitting or submitting information or documents through the Service, you hereby grant AutoFetch.AI and its affiliates and partners a worldwide, non-exclusive, fully paid-up, royalty-free license to reproduce (including by making mechanical reproductions), reformat, distribute, and publicly perform your information and documents in connection with providing you with the services, features and functionalities available on or through the Service.

4.8 You are solely responsible for your own information and documents and the consequences of uploading, transmitting, posting, publishing or sending them.

4.9 You understand that AutoFetch.AI may inspect your information and documents, including but not limited to scanning for vulnerabilities, at any time to check for potential security vulnerabilities and other issues.

4.10 You are solely responsible for the information and documents you send us and the consequences of uploading, transmitting, sending, posting or publishing them. In connection with information and documents you send us, you affirm, represent, and warrant that:
(i) You either own the information and documents you send us or have the necessary licenses, rights, consents, and permissions to send us the information and documents; and
(ii) AutoFetch.AI does not and will not require to obtain a license from or paying any fees and/or royalties to any third party for the exercise of any rights to access, inspect, use, upload, transmit, send or store any information and documents you send us as part of providing you with the Service.

4.11 You agree that AutoFetch.AI has no responsibility or liability for the deletion or failure to store any information, documents and other communications maintained on or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any information and documents or other communication you upload, transmit or send to us or through the Service.

4.12 AutoFetch.AI reserves the full right to amend what is offered as part of the Service at any time. Any changes to what is offered as part of AutoFetch.AI's Service will be communicated to you.

5. Payment and Fees

5.1 The Service is provided to you for a fee. Pricing is set forth at autofetch.ai/pricing. All pricing is listed in Australian Dollars (AUD) and is inclusive of GST.

5.2 Payment for the Service will be made at the end of each month via direct debit. Where the direct debit payment date falls on a non-working day or a national public holiday, we’ll deduct the payment amount on the next business day.

5.3 If your usage allowance of the Service exceeds the scope of use limits/allowances in your current plan, you must pay for and will be automatically transferred to an upgraded plan that reflects your new usage limits of the Service. AutoFetch.AI will debit the amount of the upgraded plan in this instance.

5.4 AutoFetch.AI will keep all information about your nominated bank account private and confidential, only to be disclosed at your request or that of your financial institution in connection with a claim made about an alleged incorrect or wrongful debit.

5.5 AutoFetch.AI reserves the right to amend the fees and costs of our Services at any time of our choosing. AutoFetch.AI will provide you with at least 14 days prior notice if we change the pricing of any of our plans for the Services.

5.6 If you cancel the Service, we will debit a prorated amount of your monthly payment based on the date you cancel your plan with us. We’ll stop your direct debit in respect to our Service after your final bill has been paid if you stop being our customer.

5.7 AutoFetch.AI may suspend your rights to use the Service or receive support or advisory services if payment is overdue. If the payment is dishonoured because there are insufficient funds in your nominated account we:
(i) Will notify you and try to deduct the payment on another day;
(ii) May make other attempts to take the payment; and
(iii) May cancel your access to the Service if a payment is dishonoured.

5.8 You must ensure:
(i) Your account information supplied to us is correct by checking it against a recent statement from your financial institution;
(ii) Your nominated account can accept direct debits through the Bulk Electronic Clearing System (BECS); and
(iii) Sufficient funds are available in the nominated account to meet a payment on its due date.

5.9 You must advise us if:
(i) Your nominated account is transferred, closed or the direct debit is cancelled. You must do so as soon as you become aware of this change; or
(ii) You wish to change your bank account or personal details. To take effect for your next direct debit payment, we must receive your request at least 10 business days before that direct debit due date.

5.10 We’ll notify you of any return unpaid transactions and any applicable fee (plus GST) will be added to your account. If your nominated bank account has insufficient funds to cover a payment you are responsible for any costs we incur as a consequence of covering payment.

5.11 By using the Service, you authorise:
(i) AutoFetch.AI to arrange for funds to be debited:
(a) From your nominated account (the details of which you provided to us, or in the direct debit application form provided to you by us); and
(b) For an amount that is determined in accordance with the Service plan you have selected or the relevant Service plan if your usage for the Services has exceeded your current selected plan.
(ii) AutoFetch.AI to verify the details of your nominated account with your financial institution; and
(iii) Your financial institution to release information allowing AutoFetch.AI to verify your nominated account.

This authorisation is to remain in force in accordance with these Terms.

5.12 If you believe that AutoFetch.AI has billed you incorrectly, you must contact AutoFetch.AI no later than 30 days after the date of the first invoice in which the error or problem appeared, in order to receive an adjustment or credit.

6. Warranties and Disclaimer

6.1 If you are a paying customer of the Service, AutoFetch.AI warrants to you that we will provide the Service substantially as described in the documentation under normal use. In the event of any breach of this warranty, your exclusive remedy will be our reperformance of the deficient Service or, if we do not reperform such deficient Service as warranted, you may terminate your use of the Service as set forth above and we will refund a prorated portion of your payment. You must notify us in writing of any warranty deficiency within ten (10) days from receipt of the deficient Service in order to receive the foregoing warranty remedy.

6.2 You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, AutoFetch.AI, its subsidiaries and affiliates make no express warranties and disclaim all implied warranties regarding the Service, content or any third party content, including implied warranties of merchantability, fitness for a particular purpose, non-infringement correctness, accuracy and reliability. Without limiting the generality of the foregoing, AutoFetch.AI, its subsidiaries and affiliates do not represent or warrant to you that:
(i) Your use of the Service will meet your requirements;
(ii) Your use of the Service will be uninterrupted, timely, secure or free from error;
(iii) Data provided through the Service will be accurate;
(iv) The Service or any content, services, or features made available on or through the Service are free from viruses or other harmful components; or
(v) No advice or information, whether oral or written, obtained by you from AutoFetch.AI or through or from the Service shall create any warrant not expressly stated in these Terms.

7. Limitation of Liability

7.1 You understand and agree that AutoFetch.AI, its subsidiaries and affiliates shall not be liable to you for any indirect, incidental, special consequential or exemplary damages with may be incurred by you, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any interruption to your business, lost data, cost of procurement of substitute goods or services, or other intangible loss, even if AutoFetch.AI or a AutoFetch.AI authorised representative has been advised of the possibility of such damages.

7.2 You agree that the aggregate liability of AutoFetch.AI, its subsidiaries and affiliates to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to AUD $100.

7.3 You agree that the waivers and limitations specified apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

8. Indemnification

8.1 You agree to hold harmless and indemnify AutoFetch.AI and its subsidiaries, affiliates, officers, directors, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to:
(i) Your breach of the Terms;
(ii) Your violation of applicable laws, rules or regulations in connection with the Service;
(iii) Your data, information or documents, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers’ fees, of every kind and nature; or
(iv) Your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right, including all actions taken during your use of the Service.

9. Promotional Materials

9.1 AutoFetch.AI may identify you including the company or entity you work for, as a customer of AutoFetch.AI in its promotional materials. AutoFetch.AI will promptly stop doing so upon your written request to us, to stop using you or your company or entity in our promotional materials.