Terms of Service

1. Introduction

Welcome to CarPulse. These Terms of Service ("Terms") govern your access to and use of the CarPulse fleet management software platform ("Service"), provided by CarPulse ("we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Service Description

CarPulse is a cloud-based Software as a Service (SaaS) platform designed to help fleet operators manage vehicles, drivers, compliance checks, and audit records. The Service includes:

• Vehicle management and tracking
• Driver record management
• Digital inspection checklists and audit trails
• Compliance monitoring and alerts
• Document storage and PDF export functionality
• Dashboard reporting and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.

3. Account Registration and Use

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use
• Ensuring your account information is accurate and up to date

3.3 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to our systems
• Interfere with or disrupt the Service
• Upload malicious code, viruses, or harmful content
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to store or transmit infringing, defamatory, or unlawful material

4. Subscription and Payment

4.1 Fees

Access to the Service requires payment of subscription fees as set out in your selected plan. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

4.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). You authorise us to charge your nominated payment method for all applicable fees.

4.3 Fee Changes

We may change our fees from time to time. We will provide you with at least 30 days' notice of any fee increase. Your continued use of the Service after the notice period constitutes acceptance of the new fees.

4.4 Refunds

Refunds are provided in accordance with Australian Consumer Law. If you are entitled to a refund under the Australian Consumer Law, we will process it within a reasonable timeframe.

5. Data and Privacy

5.1 Your Data

You retain all ownership rights to the data you submit to the Service ("Customer Data"). You grant us a limited licence to use, store, and process Customer Data solely to provide the Service to you.

5.2 Privacy

We collect, use, and protect your personal information in accordance with our Privacy Policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth).

5.3 Data Security

We implement reasonable technical and organisational measures to protect Customer Data from unauthorised access, loss, or disclosure. However, no system is completely secure, and we cannot guarantee absolute security.

5.4 Data Location

Customer Data is stored on secure servers located in Australia. We will not transfer your data outside Australia without your consent, except as required by law or as disclosed in our Privacy Policy.

6. Intellectual Property

6.1 Our IP

The Service, including all software, designs, text, graphics, and other content, is owned by or licensed to CarPulse and is protected by Australian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

6.2 Customer IP

You retain all intellectual property rights in Customer Data. We do not claim ownership of your data.

7. Warranties and Liability

7.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and obtain a refund, or to compensation for the reduction in value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

7.2 Service Availability

We aim to provide the Service with 99.5% uptime, excluding scheduled maintenance. We do not guarantee uninterrupted or error-free service.

7.3 Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to the Service is limited to the fees you paid in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, except where such exclusion is prohibited by law.

7.4 Your Responsibilities

You are solely responsible for:

• The accuracy and legality of Customer Data
• Your use of the Service and compliance with applicable laws
• Maintaining appropriate backups of your data
• Ensuring your fleet operations comply with all relevant Australian regulations

8. Termination

8.1 By You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

8.2 By Us

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

• You breach these Terms
• Your payment is overdue by more than 14 days
• We are required to do so by law
• We cease providing the Service (with at least 90 days' notice)

8.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may request an export of your Customer Data within 30 days of termination. After this period, we may delete your data in accordance with our data retention policies.

9. Governing Law and Disputes

9.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

9.2 Dispute Resolution

Before commencing legal proceedings, you agree to first attempt to resolve any dispute through good faith negotiations. If negotiations fail, either party may refer the dispute to mediation.

10. General

10.1 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use after such notice constitutes acceptance of the updated Terms.

10.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CarPulse regarding the Service.

10.3 Severability

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

10.4 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

11. Contact Us

If you have any questions about these Terms, please contact us: