Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Smart Quote AI platform, website and related services ("Services"), provided by ACN 699 263 057 Pty Ltd (ABN 77 699 263 057), trading as Smart Quote AI ("we", "us", "our"). By creating an account or using the Services, you agree to be bound by these Terms.

1. Definitions

• Business means the organisation, sole trader or entity using Smart Quote AI.
• Client Data means client, job, quote and rate information entered into the Service.
• AI Output means any quote draft, suggestion or summary generated by the Service's AI features.
• Subscription means a paid plan.
• Services means the software, integrations and website provided by Smart Quote AI.

2. Eligibility

You must be at least 18 years old and authorised to bind your business to these Terms.

3. Account Registration

You agree to provide accurate information, keep it current, keep your credentials secure, and notify us immediately of unauthorised use. You are responsible for all activity under your account.

4. Subscription Plans

We may offer invite-only preview access, free plans, and paid Solo, Team and Studio plans. Features and limits vary by plan and are published on the Pricing page, which takes precedence over figures shown elsewhere. We may modify plans and pricing on reasonable notice.

5. Billing and Payments

Our order process is conducted by our online reseller Paddle.com, the Merchant of Record for all orders. Paddle bills paid subscriptions in advance, calculates and remits applicable taxes including GST, and issues tax invoices. Subscriptions renew automatically unless cancelled before the renewal date. Failed payments may result in feature restriction, suspension or cancellation after reasonable notice.

Refunds are handled under the Paddle Refund Policy and our Refund Policy; Australian consumers retain all non-excludable rights under the Australian Consumer Law.

6. AI Features

Smart Quote AI reads client history, past jobs, your rate library and materials to draft quotes. AI Output is a suggestion only, may contain errors, and is not a substitute for your own review and professional judgement. You must review every AI Output before sending it to a customer or relying on it. You are responsible for the inputs you provide and for any AI Output you send, apply or rely on.

You must not use AI features to generate unlawful, harmful, deceptive or infringing content. As between you and us, you own AI Output produced from your inputs, subject to the underlying model providers' terms. We may retain and analyse aggregated, de-identified usage data to improve the Service, and we do not use your identifiable Client Data to train third-party foundation models.

7. Acceptable Use

You must not use the Services unlawfully, transmit malicious software, send spam, harass or threaten others, attempt unauthorised access, reverse engineer the Services, or interfere with their operation. See the Acceptable Use Policy. We may suspend or terminate accounts for violations.

8. Client Data Ownership

You retain ownership of your Client Data. We do not claim ownership of your clients, jobs, quotes, rates or notes. You grant us a licence to process this data solely to provide the Services.

9. Data Retention

We retain account and Client Data while your account is active and for up to 12 months after cancellation, except where a longer period is required by law, such as tax records.

10. Third-Party Integrations

Smart Quote AI may integrate with CRM platforms including Suiviro, Tradify and ServiceM8, and accounting platforms including Xero and QuickBooks. Use of third-party services is subject to their own terms. We are not responsible for outages, errors or actions of third-party providers.

11. Availability

We aim to provide reliable service but do not guarantee uninterrupted availability. No uptime SLA is offered on standard plans.

12. Intellectual Property

All rights in the Services remain the property of Smart Quote AI and its licensors. You may not copy, resell, distribute or reverse engineer the Services except as permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, we are not liable for lost profits, lost revenue, lost business opportunities, data loss, or indirect or consequential loss. Our total liability is limited to the fees you paid in the previous 12 months.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under mandatory law that applies to you, including the Australian Consumer Law, the UK Consumer Rights Act 2015, EU Directives 2019/771 and 2019/770 as implemented in the EEA, the New Zealand Consumer Guarantees Act 1993, and, for California residents, the Song-Beverly Consumer Warranty Act. Where those laws imply a non-excludable warranty, our liability for breach is limited, to the extent the law allows, to re-supplying the Services or refunding the fees paid for them.

14. Indemnity

You agree to indemnify us against any claim, loss, penalty or expense arising from your use of the Services, your Client Data, any breach of these Terms, or any dispute between you and your own customers. This does not require you to indemnify us for loss caused by our own negligence, wilful misconduct or breach of the Australian Consumer Law.

We will indemnify you against any third-party claim that your authorised use of the Services, excluding your Client Data, infringes that party's Australian intellectual property rights, up to the fees you paid us in the preceding 12 months, and may at our option modify the Services, procure a licence, or terminate the affected Service and refund prepaid unused fees.

15. Suspension and Termination

Where reasonably possible, we will give you written notice and a reasonable opportunity, generally not less than 14 days, to remedy a breach before suspending or terminating access. We may suspend or terminate immediately, without an opportunity to cure, for non-payment beyond 14 days after notice, security or fraud risk, or a breach not capable of remedy. You may cancel at any time. Termination does not remove liability for fees accrued before termination.

16. Changes to the Services and These Terms

We may modify, improve or discontinue features from time to time, with reasonable efforts to notify you of material changes. Features labelled preview or experimental are provided as-is and are excluded from any service-level commitments.

For material changes to these Terms that reduce your rights or increase your obligations, we will give at least 30 days' notice; if you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of prepaid unused fees.

17. Dispute Resolution

Before commencing court proceedings, the parties will attempt to resolve any dispute in good faith through written notice and a 21-day negotiation period. This does not prevent either party from seeking urgent injunctive relief.

18. Governing Law and Consumer-Law Carve-Outs

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and disputes are subject to the exclusive jurisdiction of the courts of Western Australia. If you use the Services as a consumer, nothing in these Terms limits or overrides consumer rights that cannot be excluded under the law that applies to you, including the Australian Consumer Law, the UK Consumer Rights Act 2015, EU Directives 2019/771 and 2019/770, the New Zealand Consumer Guarantees Act 1993, and, for California residents, the Song-Beverly Consumer Warranty Act and the California Consumers Legal Remedies Act. To the extent required by mandatory local consumer law, you may bring proceedings in the courts of your own country or, in the United States, your own state, of habitual residence.

19. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets, on written notice to you.

20. Notices

Questions about these Terms: support@smart-quote.com. Formal legal notices must be sent in writing to ACN 699 263 057 Pty Ltd, PO Box 2060, Marmion WA 6020, Australia. Each party consents to electronic execution and electronic delivery of notices under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2011 (WA).

21. Force Majeure

Neither party is liable for delay or failure to perform, other than an obligation to pay money already due, to the extent caused by events beyond its reasonable control, including natural disasters, pandemic, war, labour disputes, government action, or outages of infrastructure or third-party providers including Lovable Cloud, Xero, Paddle and Google. If such an event continues for more than 30 consecutive days, either party may terminate the affected Services on notice without liability, other than for amounts accrued before termination.

22. Severability, Waiver and Survival

If a provision is held invalid or unenforceable, it will be severed or read down to the minimum extent necessary, and the remainder continues in force. No failure or delay in exercising a right operates as a waiver; a waiver is only effective if in writing. Provisions intended to survive termination, including accrued fees, intellectual property, limitation of liability, indemnity, dispute resolution and governing law, survive termination or expiry.

23. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Billing Policy, Cookie Policy and Data Processing Agreement, constitute the entire agreement between you and us and supersede all prior discussions on that subject matter. Terms proposed by you in a purchase order or procurement document are rejected and have no effect unless we agree to them in a signed written variation.