Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you, the account holder ("you" or "Customer"), and the ServiceSmartOS entity applicable to your location ("we", "us" or "ServiceSmartOS") governing your access to and use of the ServiceSmartOS platform and services ("Services"). The applicable entity is Quality Mark Limited (New Zealand company) for customers with a New Zealand billing address, and Quality Mark Pty Ltd (Australian company) for customers with an Australian billing address.

By registering for an account, accepting these Terms during the registration process, or by continuing to use the Services after notice of an update to these Terms, you agree to be bound by these Terms. 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.

If you do not agree to these Terms, you must not use the Services.

ServiceSmartOS is an AI-powered contractor operating system designed for asbestos, demolition, remediation, civil, construction and trade service businesses operating in Australia and New Zealand. The Services combine project management, workforce management, compliance, safety, environmental management, quality management, site operations, timesheets, attendance tracking, audits, reporting and AI-powered automation — including tools for creating and managing Safe Work Method Statements (SWMS), Activity Risk Control Plans (ARCP), Toolbox Talks, Audits, Incident Reports, and more.

We reserve the right to modify, suspend, or discontinue any feature of the Services at any time. We will provide reasonable notice of material changes where practicable.

To use the Services you must register for an account. You agree to provide accurate, current, and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us immediately at support@servicesmartos.com if you become aware of any unauthorised use of your account or any other security breach. We are not liable for any loss arising from unauthorised use of your account where you have failed to maintain reasonable security of your credentials.

You may not share account credentials between users. Each user must have their own login. You are responsible for ensuring that all users on your account comply with these Terms.

New accounts receive a free trial period of three (3) calendar days from the date of account creation ("Trial Period").

A valid credit or debit card is required to activate the Trial Period. No charges are applied during the Trial Period. Your subscription will automatically commence at the end of the Trial Period unless cancelled before trial expiry.

Trial accounts may be subject to feature, usage and capacity limits. Current trial limits are displayed within the platform and may be updated from time to time.

Data created during the Trial Period is retained for 90 days after trial expiry or suspension, during which time you may subscribe to a paid plan to regain access.

We reserve the right to modify the Trial Period duration or conditions at any time. See our Billing and Refund Policy for further details on the trial period.

Paid subscriptions are billed monthly in advance. All prices are shown in New Zealand Dollars (NZD) or Australian Dollars (AUD) as applicable and are exclusive of goods and services tax (GST) unless otherwise stated. GST will be added to invoices where required by law.

Payment is processed by Stripe Inc. By providing payment details, you authorise us to charge your nominated payment method for all fees due. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

If payment fails, we will retry the charge and notify you by email. If payment remains outstanding after repeated attempts, we may suspend access to the Services until the outstanding amount is paid. Continued non-payment may result in termination of your account in accordance with clause 13.

We reserve the right to change subscription pricing by giving you at least 30 days' notice by email. Your continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.

You agree to use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy, which is incorporated into these Terms by reference.

You must not use the Services in any way that causes damage to the platform or impairs its availability to other users, or in a manner that is fraudulent, harmful, or offensive.

7.1 Our Intellectual Property

ServiceSmartOS and all content, features, and functionality of the platform (including software, text, graphics, logos, and user interface elements) are owned by us or our licensors and are protected by copyright, trade mark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from our platform without our prior written consent.

7.2 Licence to Use

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

7.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us an irrevocable, perpetual, royalty-free licence to use and incorporate such feedback into the Services without obligation to you.

You retain full ownership of all documents, data, and content that you upload to or create using the Services ("Customer Content"). You grant us a limited licence to store, process, and transmit Customer Content solely for the purpose of providing the Services to you.

You are responsible for ensuring that Customer Content does not violate any applicable law or the rights of any third party. You represent and warrant that you have all necessary rights and permissions to upload Customer Content to the platform.

We do not use Customer Content to train AI models or for any purpose beyond providing the Services unless required by law.

The Services include AI-assisted content generation features. All AI-generated content is subject to our AI Disclaimer, which forms part of these Terms.

You acknowledge that AI-generated content is a drafting tool only, must be reviewed by a competent person before use, and does not constitute professional safety, legal, or engineering advice. ServiceSmartOS accepts no liability for any reliance placed on AI-generated content that has not been appropriately reviewed and validated.

AI-generated content remains the responsibility of the Customer and must be reviewed, verified and approved before implementation or use.

We aim to make the Services available 24 hours a day, 7 days a week, except for planned maintenance. We do not guarantee uninterrupted access to the Services. We will endeavour to provide reasonable notice of planned maintenance that will cause significant downtime.

We are not liable for any losses arising from interruptions to service availability caused by factors outside our reasonable control, including internet outages, third-party service failures, or force majeure events.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ServiceSmartOS is an AI-powered contractor operating system supporting project management, workforce management, compliance management, operational management, reporting, document generation and business administration. The platform is a business tool and does not provide legal advice, engineering advice, or professional safety advice of any kind. Customers remain solely responsible for all compliance decisions, safety obligations, regulatory requirements and professional judgements made in the course of their business operations. Nothing in the Services or any AI-generated content constitutes professional advice of any kind.

To the maximum extent permitted by law, in no event will ServiceSmartOS or its directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Services.

Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), or otherwise, will not exceed the total subscription fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law where those Acts apply.

You agree to indemnify, defend, and hold harmless ServiceSmartOS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Services; (b) your Customer Content; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14.1 By You

You may cancel your subscription at any time through the platform settings or by contacting support@servicesmartos.com. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a billing period unless required by applicable law. See our Billing and Refund Policy for details.

14.2 By Us

We may suspend or terminate your account and access to the Services if: (a) you breach these Terms; (b) payment fails and remains unresolved after notification; (c) we are required to do so by law; or (d) we reasonably believe your account is being used for fraudulent or illegal activity.

Where practicable, we will provide notice before termination and an opportunity to remedy a breach.

14.3 Feature and Module Restrictions

ServiceSmartOS may restrict access to specific features, modules or services without suspending the entire account where appropriate. This may occur where usage limits are reached, where a feature is subject to a plan restriction, or where a compliance action applies to a specific part of the Services. We will notify you of material restrictions where practicable.

14.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will retain your Customer Content for 90 days after termination, during which time you may request an export of your data. After this period, your data will be deleted in accordance with our Data Retention Policy.

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a prominent notice in the platform at least 14 days before the changes take effect. Your continued use of the Services after the notice period constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect.

16.1 New Zealand Customers

For customers contracting with Quality Mark Limited (New Zealand company), these Terms are governed by the laws of New Zealand. You agree that any dispute arising from or relating to these Terms or the Services will be subject to the non-exclusive jurisdiction of the courts of New Zealand. Nothing in this clause limits your rights under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or the Contract and Commercial Law Act 2017.

16.2 Australian Customers

For customers contracting with Quality Mark Pty Ltd (Australian company), these Terms are governed by the laws of the State of New South Wales, Australia. You agree that any dispute arising from or relating to these Terms or the Services will be subject to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in this clause limits your rights under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or applicable state and territory fair trading legislation.

16.3 Dispute Resolution

Before commencing formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than 30 days from the date one party gives the other written notice of the dispute.

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, AI Disclaimer, and Billing and Refund Policy, constitute the entire agreement between you and ServiceSmartOS regarding the Services and supersede all prior agreements.

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

Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Contact. Questions about these Terms should be directed to support@servicesmartos.com.