Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Maintn platform provided by Maintn Pty Ltd (ABN to be added) (“Maintn”, “we”, “us”). By creating an account or using the service you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have authority to bind it.

1. The service

Maintn is a software-as-a-service platform for property-maintenance operators — voice answering, jobs, quotes, invoicing, scheduling and related features. We may add, change or remove features over time. We provide the service on an “as available” basis and aim for high availability but do not guarantee uninterrupted access.

2. Accounts and acceptable use

You are responsible for your account, your users, and keeping credentials secure. You must not use the service unlawfully, upload malicious code, attempt to breach security or tenant isolation, reverse-engineer the platform except as permitted by law, resell the service without authorisation, or use it to send unlawful communications. You are responsible for the data you and your users enter, including having the right and any required consent to enter third-party (for example, tenant) personal information.

3. Subscription tiers, fees and billing

• The service is offered in subscription tiers, each with its stated features, usage limits and price.
• Fees are in AUD and, unless stated, exclusive of GST, which we add where applicable. We issue tax invoices.
• Subscriptions renew automatically each billing period until cancelled. You authorise us (and our payment processor, Stripe) to charge your payment method.
• We may change pricing on at least 30 days’ notice, effective from your next billing period.
• A free trial, where offered, converts to a paid subscription at the end of the trial unless cancelled.
• Except where required by law (see section 5), fees are non-refundable.

4. Intellectual property

We and our licensors own all rights in the platform, software and our trade marks. We grant you a non-exclusive, non-transferable, revocable licence to use the service during your subscription. You own your data. You grant us a licence to host, process and display your data solely to provide and improve the service, consistent with our Privacy Policy and Data Processing Agreement. Feedback you provide may be used by us without obligation.

5. Australian Consumer Law — non-excludable rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded (“Non-Excludable Rights”).

Where our services come with guarantees that cannot be excluded under the Australian Consumer Law, and where permitted, our liability for breach of such a guarantee is limited (at our option) to re-supplying the services or paying the cost of having the services re-supplied. The limitations in section 6 apply only to the extent they do not exclude or limit your Non-Excludable Rights.

6. Liability and indemnity

Subject to section 5:

• To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings.
• Our total aggregate liability arising out of or in connection with the service is limited to the fees you paid to us in the 12 months before the event giving rise to the liability.
• You indemnify us against claims arising from your unlawful use of the service, your breach of these Terms, or your data infringing a third party’s rights — except to the extent caused by our breach or negligence.

7. Confidentiality and data protection

Each party will protect the other’s confidential information. Our handling of personal information is governed by the Privacy Policy and, where we process data on your behalf, our Data Processing Agreement.

8. Suspension and termination

You may cancel at any time, effective at the end of the current billing period. We may suspend or terminate access if you materially breach these Terms (and do not remedy a remediable breach within 14 days of notice), fail to pay, or use the service unlawfully. On termination, your right to use the service ends; you may export your data for 30 days after termination, after which we may delete it subject to our retention obligations.

9. Changes to these Terms

We may update these Terms. Material changes take effect on at least 30 days’ notice (for example, by email or in-product). Continued use after changes take effect constitutes acceptance.

10. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

11. General

If any provision is unenforceable, the rest continues in force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger or sale. These Terms, the Privacy Policy and any order form are the entire agreement between us.

12. Contact

Maintn Pty Ltd — info@maintn.com.au — Brisbane, QLD, Australia.