These Terms govern use of Trakst Tradie (the App) and related services (Services) provided by Trakst Pty Ltd (Trakst, we, us). By creating an account, starting a trial, or using the Services, you accept these Terms on behalf of yourself and (if applicable) your organisation and warrant you have authority to bind it. Effective on acceptance and each use.

1. Definitions

“Account” means the user profile and credentials used to access the Services.
“ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“App” means the Trakst Tradie mobile application.
“App Store(s)” means Apple App Store and Google Play (and their billing services).
“Authorised User” means your employee, contractor, or representative permitted by you to use the Services under your Account.
“Beta Features” means features identified as beta, preview, early access, or similar.
“Confidential Information” means non-public information designated or reasonably understood as confidential, excluding information that is or becomes public through no breach.
“Customer”, “you”, “your” means the person or entity accepting these Terms and, where applicable, its Authorised Users.
“Customer Content” means data, text, images, audio, video, prompts, inputs, annotations, and other content you (or your Authorised Users) submit to or generate via the Services.
“Documentation” means user guides and materials we make available describing the Services.
“Feedback” means suggestions, ideas, or recommendations about the Services.
“Fees” means amounts payable for the Services, including taxes where applicable.
“Geo-Location Services” means mapping and location services such as Google Maps/Google Earth.
“High-Risk Use” means activities where failure of the Services could reasonably result in death, personal injury, or severe environmental/property damage (e.g., life support, air traffic control, nuclear facilities).
“Intellectual Property Rights” means all intellectual property and related rights, including copyright, patent, trade secret, and trademark rights.
“Order” means a purchase of a subscription or other Services via an App Store or our direct invoicing.
“Privacy Policy” means our then-current privacy policy describing personal information handling.
“Services” means the App and related hosted functionality, APIs, websites, and support we provide.
“Subscription Term” means the period of your paid (or trial) subscription as shown in the App Store account or our invoice.

“Trakst Group” means Trakst and its past, present and future directors, officers, employees, agents, contractors, subsidiaries and affiliates.
“Usage Data” means aggregated or de-identified data about use and performance of the Services.

2. Services and Charges

We provide the Services as described in the App/Documentation. Features may evolve; purchase is not contingent on future features. We may modify or discontinue features (with reasonable notice where practicable) and may provide automatic updates. Availability may be affected by maintenance, third-party providers, or force majeure.

3. Accounts & Eligibility

Keep Account details accurate, maintain a strong, unique password, and promptly notify us of unauthorised use. You are responsible for actions under your Account, including those of Authorised Users.

4. Acceptable Use

Do not break laws; infringe IP/privacy; upload malicious code; bypass security; scrape/abuse rate limits; misrepresent identity; or use for High-Risk Use. We may suspend Accounts for violations.

5. Third-Party Services & Interoperability

The Services may rely on App Stores, maps, storage, AI models, or other third-party services. We don’t control third-party availability or terms and are not responsible for third-party content or outages.

6. AI-Generated Content

Outputs may be inaccurate or incomplete. They are informational only and not professional advice. You must review outputs before relying on them or sharing. You remain responsible for your decisions and compliance.

7. Intellectual Property

We and our licensors own the Services and related IP.

Customer Content. You retain ownership. You grant us a worldwide, royalty-free licence to host, process, transmit, and display Customer Content to provide, secure, and improve the Services (including quality, safety, and performance).

Feedback. If you provide ideas or feedback, we may use them without restriction.

Usage Data. We may generate and use aggregated, de-identified statistics about use of the Services.

8. Privacy, Data & Security

Your privacy is important to us. Please review our Privacy Policy which explains how we collect, use, and protect your personal information.

You must obtain any required consents. We implement reasonable technical and organisational measures, but no system is perfect. You acknowledge the risk of internet transmission.

9. Mobile, App-Store Billing & Trials

Billing. Subscriptions are in-app purchases and processed by the platform provider as merchant of record (e.g., Apple In-App Purchase and Google Play Billing). Deleting the App does not cancel a subscription. Manage/cancel via your App Store account settings before renewal.

Trial. Trials convert to paid unless cancelled before the trial ends.

Refunds. Handled by the platform under its policies (e.g., Apple “Report a Problem”, Google Play refunds).

Taxes. Prices may exclude taxes; applicable taxes are handled by the platform.

10. Fees & Renewals

Subscriptions renew automatically for the stated period unless cancelled in the App Store account.

Direct invoicing (if offered). Prices may not be inclusive of applicable taxes; we will add applicable taxes. Invoices are due on receipt; you must keep billing details accurate.

11. Updates & Beta Features

We may push patches and updates. Optional Beta Features are provided as-is, may change, and may be withdrawn.

12. Warranties, ACL & Disclaimers

Nothing in these Terms limits non-excludable guarantees under the Australian Consumer Law (ACL). Subject to the ACL, the Services are provided “as is” and “as available”, and we disclaim other warranties (merchantability/fitness/non-infringement).

13. Liability Allocation 

No indirect losses. To the maximum extent permitted by law and subject to the ACL, Trakst group is not liable for any indirect, consequential, special, exemplary or incidental loss, or for loss of profit, revenue, goodwill, data, or business interruption, arising out of or in connection with the Services.

Overall cap. To the maximum extent permitted by law and subject to the ACL, the aggregate liability of Trakst Group for all claims in any 12-month period is capped at the greater of AUD $100 or the Fees actually received by us from you for the then-current Subscription Term for the Services giving rise to the claim, excluding amounts retained by App Stores.

Third-party services. Trakst has no liability for the availability, performance, security, billing, or data handling of third-party services (including App Stores, AI providers, mapping/Geo-Location providers, or cloud hosts).

Your responsibility for backups. You are responsible for backing up Customer Content; the Trakst Group is not liable for data loss except to the extent caused by our wilful misconduct.

Mandatory carve-outs. Nothing in these Terms excludes, restricts or modifies any non-excludable rights or remedies under the Australian Consumer Law, or liability that cannotbe limited by law.

14. Indemnities

Your indemnity. You indemnify us against third-party claims arising from your Customer Content or breach of these Terms.

Our IP indemnity. We will defend you against a third-party claim that the unmodified Services, as supplied by us, infringe Australian IP rights, and will pay damages finally awarded, provided you notify us promptly, give us control of the defence, and cooperate. We may procure rights, modify, or replace; if not feasible, we may terminate affected features with a pro-rata refund. Exclusions apply where the claim arises from combinations not supplied by us, your content, or misuse.

15. Suspension & Termination; Data Return

You may stop using the Services at any time (cancellation per §9). We may suspend or terminate for material breach, legal risk, security risk, or non-payment (if applicable). On termination, we will make Customer Content export available for 30 days where technically feasible; after that we may delete it, except as required by law.

16. Mobile/Geo-Location & External APIs

If geolocation/maps are used, your use is subject to the then-current Google Maps/Google Earth Terms of Service; location data may be inaccurate. Third-party API availability may change without notice.

17. Export Control & Anti-Corruption 

You agree to comply with applicable export and sanctions laws and anti-bribery/anti-corruption laws. You confirm you are not on any denied-party list and will not use or access the Services where prohibited by law.

18. Force Majeure

No party is liable for delays/failures caused by events beyond reasonable control (e.g., outages, natural disasters, labour disputes, government action).

19. Governing Law & Venue; Complaints

These Terms are governed by New South Wales law. Courts of New South Wales have exclusive jurisdiction. Before filing, contact admin@trakst.com so we can try to resolve concerns.

20. Changes to Terms

We may update these Terms to reflect changes to the Services or law. Material changes will be notified in-app or by email with reasonable notice. Continued use after the effective date constitutes acceptance.

21. General 

No assignment by you without consent (not to be unreasonably withheld). 

We may subcontract. 

Notices by email or in-app. 

Invalid provisions are severed; remaining terms continue. 

Headings are for convenience only. 

Provisions that by nature survive will survive.

Contact: admin@trakst.com

Effective Date: 5th day of October, 2025