Terms of Service

By signing up for an account, clicking “I accept”, ticking a box to agree to these Terms, or using the Service in any other way, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity and its affiliates.

• “Account” means an account created on the Service.
• “Customer Data” means data, content, files, text, sound, images and information that you submit, upload, generate or transmit through the Service.
• “End User” means an employee, contractor or end customer who interacts with the Service through your Account.
• “Subscription” means a paid plan that grants access to the Service.
• “Subscription Term” means the period for which your Subscription is active.

VexOp+ is operated by Vexop Holdings Pty Ltd and provides a cloud-based operating platform for Australian trade businesses, including tools for job management, quoting, invoicing, customer relationship management, staff and compliance management, and integrations with third-party providers such as Xero, MYOB and QuickBooks.

The features included in the Service depend on your Subscription tier (currently Free, Starter, Pro and Enterprise). We may add, modify or retire features from time to time, provided that any change does not result in a material reduction in the functionality you are paying for during your current Subscription Term.

To use the Service you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding contract.
• Provide accurate, current and complete information when creating your Account.
• Keep your account credentials secure and confidential.
• Promptly notify us of any unauthorised access to or use of your Account.

You are responsible for all activity that occurs under your Account, including the actions of any End User. You must ensure that End Users comply with these Terms.

Plans & pricing

The Service is offered on tiered plans (currently Free, Starter, Pro and Enterprise) each unlocking a different set of features. VexOp+ uses a per-company pricing model: a single Subscription fee covers your team within one company, up to the number of users your plan includes: Free 1 user, Starter up to 4 users, Pro up to 12 users, and Enterprise the number of users agreed with you. A user is a person who can sign in to your Account. To add users beyond your plan’s limit, move to a larger plan. Current plan inclusions and pricing are shown on the Pricing page.

Usage charges

Text messages sent from your Account, and AI use above your plan’s monthly allowance, are charged on top of the Subscription fee, in arrears: they are added to your next payment and listed on your receipt. The rates, the allowance and how they are measured are set out in section 10 of the Billing, Payments & Refunds Policy. Usage during a free trial is not charged.

Billing

Subscriptions are billed in advance on a monthly or annual recurring basis through our payment processor, Square. By subscribing you provide a recurring payment authority: you authorise us (and Square) to store your nominated card and charge it the applicable fees on each billing date until you cancel. All fees are stated in Australian Dollars (AUD). Your card details are captured and stored by Square and never touch VexOp servers; you can replace or remove your stored card at any time in your billing settings. Full billing mechanics are set out in our Billing, Payments & Refunds Policy, which forms part of these Terms.

Auto-renewal & cancellation

Subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless cancelled prior to the renewal date. You can cancel at any time from your account billing settings, or by contacting support. Cancellation takes effect at the end of the current billing period, and you will retain access until then.

What happens to your data on cancellation

When your Subscription ends, your Account moves to the Free plan at the end of the period you have paid for, and your Customer Data stays in it. Section 19 (“Leaving VexOp+”) sets out how you can export your data at any time and how and when it is deleted if you close your Account.

Refunds

Except as required by the Australian Consumer Law (see the “Australian Consumer Law” section below), Subscription fees are non-refundable, for monthly and annual plans alike. If you cancel, you retain access to the Service until the end of the billing period for which you have already paid. Billing errors (for example a duplicate charge or a charge after a confirmed cancellation) are refunded promptly once verified; contact support and we will investigate within five business days. See the Billing, Payments & Refunds Policy.

Failed payments

If a payment is declined we email you and try the card again the next day; your features stay on in the meantime. If that retry is also declined, paid features are paused, we email you the overdue invoice, and we keep trying the card with three further attempts 3, 7 and 14 days after paid features pause. If none succeeds the retries stop and paid features stay paused until payment is made. Paying the outstanding amount, for example by updating your card, restores your Subscription immediately. Details are in the Billing, Payments & Refunds Policy.

Price changes

We may change Subscription fees and usage rates from time to time. Any change will only take effect at a renewal, and we will provide at least 30 days’ notice by email.

Separate from your software Subscription, we (or our partners) may provide hands-on professional services to set up, migrate or configure your business on the platform. These services are not included in the Subscription fee and are charged separately as billable time / professional services. They include:

• Establishment: helping set up a new sole trader or business, including registrations and initial configuration.
• Migration: moving your business off legacy tools (such as ServiceM8) and importing your existing data into VexOp+.
• Provisioning and configuration work: custom setup, data preparation, white-label website provisioning, integration setup, training and other agreed assistance.

How professional services are charged

Professional services are quoted and billed separately from your Subscription, under an agreed quote, statement of work (SOW) or written scope. Unless otherwise agreed in writing, they are charged either at our then-current hourly or daily rates for the time actually worked, or as a fixed fee set out in the relevant quote/SOW. Any estimate we give is an estimate only and is not a fixed-price commitment unless expressly stated to be one. Out-of-scope work, third-party costs (for example, government registration or domain fees) and reasonable expenses may be charged in addition.

Payment terms

Unless a quote or SOW states otherwise, professional-services fees are invoiced on completion of the relevant work (or at agreed milestones) and are payable within 14 days of the invoice date. We may require a deposit or progress payments before commencing or continuing work. All professional-services fees are stated in Australian Dollars (AUD). Overdue amounts may result in work being paused until payment is received.

Engaging professional services is optional; you can use the Service on a self-serve basis without them. Where you do engage them, the specific quote or SOW governs the scope and price, and these Terms govern everything not addressed there.

Self-serve Starter and Pro signups include a 7-day free trial. A valid card is required to start the trial: $0.00 is charged on day one, and by starting the trial you authorise the first Subscription payment, at the exact amount shown at signup for your selected plan, on day 8 unless you cancel before then. You can cancel during the trial at any time from your billing settings and nothing will be charged. If the day-8 payment fails, the retry process in Section 5 (“Failed payments”) applies. One trial per business; we reserve the right to modify or terminate trial or promotional offers at any time, prospectively only.

You agree not to:

• Use the Service for any unlawful purpose, or in breach of any applicable law or regulation.
• Upload or transmit malicious code, viruses, worms, trojans or other harmful content.
• Attempt to gain unauthorised access to the Service, other accounts, or supporting infrastructure.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Resell, sublicense, lease or otherwise commercially exploit the Service except as expressly permitted.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Use the Service to send unsolicited commercial messages (spam) or to harvest personal information about other users.
• Misrepresent your identity or affiliation with any person or organisation.
• Use an AI connection to bulk-copy Customer Data beyond your normal use of the Service, to get around its usage limits, or to let anyone read records they could not see in the Service themselves.

We may suspend or terminate your access if we reasonably believe you have breached these acceptable-use rules.

You own your data

You own all Customer Data, including the records of your own customers, jobs, quotes, invoices, staff and files. We do not acquire any ownership of it, and nothing in these Terms transfers any right in it to us other than the limited licence below.

How we use it

We process Customer Data on your behalf, and only to provide, maintain, secure and support the Service for you (including sending the emails, text messages and documents that you, your End Users or your automations ask the Service to send, and providing Customer Data to an AI app that you or your End Users connect through AI connections, when that app asks for it), to comply with our legal obligations, and to enforce these Terms. For those purposes only, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process Customer Data for as long as we hold it.

We do not sell Customer Data, and we do not use it to market to your customers. Customer Data is primarily stored in Australia (Google Cloud’s Sydney region); the sub-processors that help us deliver the Service, and where they operate, are listed in our Privacy Policy. We may use aggregated information about how the Service is used, which does not identify you, your End Users or your customers, to operate and improve the Service.

You represent and warrant that you have all rights, consents and authority necessary to submit Customer Data to the Service, and that doing so does not infringe any third party’s rights or breach any law (including privacy laws).

Uploaded images and content

Customer Data includes images and other content you upload, such as your logo, branding assets, job and site photos, and any images or text you add to your white-label website. You retain ownership of all such content. By uploading it, you grant us a worldwide, non-exclusive, royalty-free licence to store, host, reproduce, adapt (only as needed for formatting, resizing or display) and publicly display that content for the purpose of operating the Service for you, including publishing your white-label website and rendering images within the platform and customer portal.

You warrant that you own, or have the necessary rights, licences and permissions to use and publish, every image and item of content you upload, and that its storage, display and publication through the Service does not infringe any copyright, trade mark or other right of any third party. This licence ends when you delete the content or your Account, except to the extent the content has already been shared or remains in routine backups.

We will not access Customer Data except as necessary to operate the Service, prevent or address technical issues, comply with legal obligations, or enforce these Terms.

The Service, including all software, designs, logos, text, graphics, and other content (other than Customer Data), is owned by VexOp+ or its licensors and is protected by copyright, trade-mark and other laws.

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your Subscription Term.

Feedback, suggestions and ideas you submit about the Service may be used by us without restriction, attribution, or compensation.

The Service may interoperate with third-party products and services (e.g. Xero, MYOB, QuickBooks, Square, Google). Your use of those third-party services is governed by their own terms and privacy policies, not these Terms. We are not responsible for any third-party service or any changes those providers may make to their offerings.

AI connections

If you switch on AI connections, you and the End Users you allow may connect an AI app, such as Claude, ChatGPT or Perplexity, to the Service. You choose to have Customer Data sent to that app’s provider. The provider is your provider, used under your or each End User’s own account and governed by its own terms and privacy policy, not these Terms, and we are not responsible for how it handles Customer Data or for what the AI app says.

An AI connection is read only: it can never send, change or delete anything in the Service. You are responsible for deciding which End Users may connect, for telling them that your owners can see their lookups, for setting up any connector an organisation shares (such as a ChatGPT or Perplexity organisation) so that each person signs in to VexOp+ individually, and for disconnecting connections you no longer want. We may limit, pause or end AI connections to protect the Service or Customer Data. Support for Perplexity is in beta and may change.

We aim to keep the Service available 24 hours a day, 7 days a week, and we work to restore it promptly when something goes wrong. Availability is provided on a best-efforts basis: we do not guarantee uninterrupted availability or a particular uptime percentage, and service credits do not apply. The Service may be temporarily unavailable because of maintenance, emergency repairs, outages at the third-party providers we rely on (see section 11), or events beyond our reasonable control.

Planned maintenance

Where we expect planned maintenance to interrupt the Service, we schedule it outside Australian business hours where practicable and give you reasonable advance notice by email or by a notice within the Service. Urgent security or stability work may need to happen at shorter notice; when it does, we tell you as soon as practicable.

You can reach our team day or night, every day of the year, by raising a request inside the Service or by emailing support@vexop.com.au. Help guides are available in the Service at any time.

• First response: we aim to reply within one business day, and sooner where we can, including outside business hours.
• Urgent issues, such as the Service being unavailable or you being unable to quote, invoice or schedule work, are prioritised ahead of other requests at any hour.
• Enterprise plans include priority support and a dedicated account manager.

Response times are targets, not guarantees. Support covers using the Service; hands-on setup, migration and configuration work is a professional service under section 6.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may be entitled to under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot lawfully be excluded.

To the maximum extent permitted by law, and subject to section 14, the Service is provided “as is” and “as available”. We do not warrant that:

• The Service will be uninterrupted, error-free or completely secure.
• The Service will meet your specific requirements.
• Any errors in the Service will be corrected.
• The results obtained from using the Service will be accurate or reliable.

Answers from an AI app you connect through AI connections come from that app’s provider, not from us. They can be wrong, incomplete or out of date, so check them against the records in the Service before relying on them.

To the maximum extent permitted by law, and subject to section 14:

• Neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, lost profits, loss of revenue, loss of data, loss of goodwill or business interruption, however caused.
• Our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the amount you have paid us for the Subscription in the twelve (12) months immediately preceding the event giving rise to the claim.

Where our liability cannot be excluded but can be limited, our liability is limited to (at our option) the resupply of the relevant services or the cost of having the relevant services resupplied.

You agree to indemnify and hold harmless VexOp+ and its employees, contractors and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your or your End Users’ breach of these Terms.
• Your Customer Data, including any claim that it infringes a third party’s rights or breaches any law.
• Your unlawful or negligent use of the Service.

Termination by you

You may cancel your Subscription at any time through your account billing settings. Cancellation will take effect at the end of the current billing period.

Termination by us

We may suspend or terminate your access to the Service immediately if:

• You materially breach these Terms and (where the breach is capable of being remedied) you fail to remedy it within 14 days of being notified.
• Your Subscription payment becomes 30 days or more overdue.
• You become insolvent, enter liquidation, or commit an act of bankruptcy.
• We are required to do so by law.

Effect of termination

Upon termination, your right to access and use the Service ceases immediately. Provisions that by their nature are intended to survive termination (including ownership, indemnity, limitation of liability, and governing-law) will survive.

Your data while your Account is open

An account owner can download a copy of your Customer Data at any time from Settings, Data & Privacy, on any plan. You can also ask us for an export by emailing support@vexop.com.au; we will provide it in a common, machine-readable format (such as JSON or CSV).

Cancelling a paid plan

If you cancel your Subscription, your Account moves to the Free plan at the end of the period you have paid for. Your Customer Data stays in your Account and you can keep exporting it.

Closing your Account

An account owner can ask for the Account to be deleted from Settings, Data & Privacy. Access ends straight away and deletion is scheduled for 30 days later. During those 30 days you can ask us to restore the Account or to give you an export of your Customer Data. After 30 days your Customer Data is permanently deleted.

If we end your access

If we terminate your access under section 18, you may request an export of your Customer Data for 30 days after termination. After that period we may delete or de-identify it.

In every case we may keep information we are required to keep by law (for example financial records, typically for 7 years) and copies held in routine backups, which are overwritten on our normal backup cycle. See our Privacy Policy.

We may modify these Terms at any time. If we make material changes, we will notify you by email and/or by displaying a notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your Subscription before the changes take effect.

These Terms are governed by the laws of the State of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them in respect of any dispute arising out of or in connection with these Terms.

Before commencing any court proceeding (other than urgent injunctive relief), the parties must attempt to resolve the dispute in good faith through negotiation between senior representatives, and failing that, through mediation administered by the Resolution Institute.

Entire agreement

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and VexOp+ in respect of the Service.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of substantially all of our assets.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No waiver

Failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, internet or telecommunications outages, or third-party provider failures.

Notices

We may give notices to you by email to the address associated with your Account, or by posting them within the Service. Notices to us must be sent to hello@vexop.com.au.