Terms of Service

• Business means the organisation, sole trader, partnership or entity using Suiviro.
• User means any individual who accesses the Services.
• Account Owner means the person or entity responsible for the subscription.
• Client Data means information entered into Suiviro by users including customer records, jobs, notes, files, communications and related information.
• Subscription means any paid plan offered by Suiviro.
• Services means all software, applications, integrations, websites and related functionality provided by Suiviro.

You must be at least 18 years old to create an account. You must have authority to enter into these Terms on behalf of your business.

You agree to:

• Provide accurate information.
• Keep account information current.
• Maintain the security of your login credentials.
• Notify Suiviro immediately of any unauthorised use.

You are responsible for all activity that occurs under your account.

Suiviro may offer free plans, paid monthly subscriptions, paid annual subscriptions, promotional offers and trial periods. Features and limits vary by plan. Suiviro may modify plans and pricing upon reasonable notice.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns, billing, and tax compliance.

Paid subscriptions are billed in advance by Paddle and automatically renew unless cancelled before the renewal date. You authorise Paddle to charge your nominated payment method. Failed payments may result in suspension of features, account restriction or service termination.

Prices are displayed in Australian dollars where available and may be shown in your local currency at checkout. As Merchant of Record, Paddle calculates, collects and remits all applicable sales taxes (including Australian GST) on our behalf, and issues tax invoices directly to you.

Refunds are handled by Paddle under the Paddle Refund Policy. Paddle provides a discretionary refund window (14 days from the transaction date at the time of writing) in addition to any longer statutory rights that apply in your country. Australian consumers retain their rights under the Australian Consumer Law, which cannot be excluded. To request a refund, use the "View receipt" or "Manage subscription" link in your Paddle receipt email, visit paddle.net, or contact admin@suiviro.com. Cancelling a subscription takes effect at the end of the current billing period and access to paid features continues until that date.

Suiviro may offer a free trial of paid plans. Free trials do not require a payment method. At the end of the trial period, trial accounts convert to the Free plan unless a paid subscription is selected. Data created during a trial is retained under the same retention rules as paid accounts.

Users may upgrade or downgrade subscriptions. Changes may take effect immediately or at the next billing cycle. Certain features may become unavailable following a downgrade. Suiviro is not responsible for any loss resulting from the removal of features following a downgrade.

Certain plans include SMS notifications, email notifications, customer communications and customer portal messaging. SMS beyond your monthly plan allowance is billed at AUD $0.15 per message segment; plan allowances are set out in the Subscription & Billing Policy and the Pricing page. International destinations, multi-segment messages and carrier surcharges may vary. Users are responsible for ensuring communications comply with applicable laws including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and privacy legislation. Suiviro automatically honours SMS opt-out replies (STOP / UNSUBSCRIBE / CANCEL / END / QUIT for the sending business, STOPALL for every Suiviro business, and START / UNSTOP / YES to re-enable) — see the Acceptable Use Policy for detail.

When you send SMS, email or portal messages through Suiviro, you are the originator of those messages for the purposes of the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Reducing Scam Calls and Scam SMs Industry Code (ACMA C661:2022) and equivalent laws that apply to your recipients. You are responsible for having the recipient's consent or another lawful basis to contact them, for identifying your business accurately in every commercial message, and for including a functional opt-out mechanism where the law requires one.

Suiviro relies on ClickSend and Australian telecommunications carriers to deliver SMS. Any Sender ID you use must be a business name you are entitled to use. Carriers, ClickSend and Suiviro may each independently block, alter, throttle or suspend a Sender ID, a phone number or an account where a message appears to breach carrier rules, scam-messaging codes, or this agreement, and we may do so without prior notice where we consider it necessary to protect recipients or the platform. We do not guarantee delivery of any given message.

If a regulator, carrier, ClickSend, Google, Microsoft or any recipient makes a complaint about a message sent through your account, you agree to cooperate promptly with any investigation and to provide the records reasonably necessary to respond.

You must not:

• Use Suiviro for unlawful purposes.
• Transmit malicious software.
• Send spam.
• Harass, threaten or abuse others.
• Attempt to gain unauthorised access.
• Reverse engineer the Services.
• Interfere with the operation of the platform.

Suiviro may suspend or terminate accounts for violations.

You retain ownership of your Client Data. Suiviro does not claim ownership of customer records, jobs, notes, files, photos or communications. You grant Suiviro permission to process this data solely to provide the Services.

Suiviro may retain account and Client Data for a reasonable period following cancellation for backup, legal and recovery purposes. Deleted information may remain in backups for a limited period.

Suiviro may integrate with services including Xero, Google Calendar, Microsoft Outlook, email providers, SMS providers and payment providers. Use of third-party services is subject to their own terms and policies. Suiviro is not responsible for outages, errors or actions of third-party providers.

Suiviro aims to provide reliable service but does not guarantee uninterrupted availability. Maintenance, updates, outages and external provider failures may affect availability.

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

To the maximum extent permitted by law, Suiviro is not liable for lost profits, lost revenue, lost business opportunities, data loss, or indirect or consequential losses. Suiviro's total liability shall not exceed the fees paid by the customer during the previous 12 months. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under mandatory law that applies to you, including (as applicable) the Australian Consumer Law, the UK Consumer Rights Act 2015, EU Directive 2019/771 on the sale of goods and Directive 2019/770 on the supply of digital content and digital services (as implemented in the EEA), the New Zealand Consumer Guarantees Act 1993, and, for California residents, the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§1790 et seq.). Where those laws imply a warranty or guarantee that cannot be excluded, Suiviro's liability for breach is limited (to the extent the law allows the limitation) to re-supplying the affected Services or refunding the fees paid for them.

You agree to indemnify and hold harmless Suiviro, its officers, employees and contractors from and against any claim, loss, penalty, fine, cost or expense (including reasonable legal costs) arising out of or in connection with: (a) your use of the Services; (b) your Client Data, including any allegation that it infringes a third party's rights or breaches applicable law; (c) any breach of these Terms; (d) any message, email, SMS or portal communication you send through the Services, including any complaint, regulatory action or carrier action arising from it; and (e) any dispute between you and one of your own customers, staff or contractors relating to work managed through Suiviro. This clause does not require you to indemnify us for loss caused by our own negligence, wilful misconduct or breach of the Australian Consumer Law.

Suiviro will indemnify and hold you harmless against any third-party claim that your authorised use of the Services, excluding your Client Data and excluding any use in breach of these Terms, infringes that third party's Australian intellectual property rights, up to the amount of fees you paid Suiviro in the 12 months before the claim. This is Suiviro's sole obligation, and your sole remedy, for any such claim. Suiviro may, at its option and expense, modify the Services to avoid the infringement, procure a licence for your continued use, or terminate the affected Service and refund your prepaid, unused fees for the then-current billing period.

Where reasonably possible, Suiviro will give you written notice and a reasonable opportunity, generally not less than 14 days, to remedy a breach of these Terms before suspending or terminating your access. Suiviro may suspend or terminate access immediately, without an opportunity to cure, where fees remain unpaid more than 14 days after a payment failure notice, where continued access would present a security, fraud or legal risk, or where the breach is not capable of remedy. Users may cancel their subscription at any time. Termination does not remove liability for fees accrued before termination.

Suiviro may modify, improve or discontinue features from time to time. Reasonable efforts will be made to notify users of material changes.

Features labelled preview or experimental are provided as-is, may be modified or withdrawn without notice, and are excluded from any service-level commitments.

Suiviro may update these Terms from time to time. For material changes that reduce your rights or increase your obligations, Suiviro will give at least 30 days' notice by email or in-app notice before the change takes effect. If you do not agree to a material adverse change, you may cancel your subscription before the change takes effect and receive a pro-rata refund of any prepaid, unused subscription fees for the then-current billing period. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms.

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 clause does not prevent either party from seeking urgent injunctive or equitable relief.

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

Any dispute arising out of or relating to these Terms shall be 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, restricted or modified by contract under the law that applies to you, including — without limitation — the Australian Consumer Law, the UK Consumer Rights Act 2015, EU Directive 2019/771 and EU Directive 2019/770 (as implemented in the EEA member state where you are habitually resident), the Swiss Code of Obligations, the New Zealand Consumer Guarantees Act 1993, and, for California residents, the Song-Beverly Consumer Warranty Act and the California Consumers Legal Remedies Act (Cal. Civ. Code §§1750 et seq.). To the extent required by mandatory local consumer law, you may bring proceedings in the courts of your country (or, in the United States, your state) of habitual residence.

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

For questions regarding these Terms, please contact admin@suiviro.com.

Notices from Suiviro to you may be given by email to the address associated with your account or by in-app notice, and are deemed received when sent (email) or when first displayed to a logged-in user (in-app). It is your responsibility to keep your account email current.

Formal legal notices to Suiviro must be sent in writing to: Suiviro Pty Ltd (ACN 699 266 987, ABN 30 699 266 987), PO Box 2060, Marmion WA 6020, Australia, and copied by email to admin@suiviro.com. Notices are deemed given on delivery.

Each party consents to the electronic execution of these Terms and to the electronic delivery of notices, statements and disclosures under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2011 (WA).

Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money that has already fallen due) to the extent caused by events beyond its reasonable control, including natural disasters, fire, flood, storm, epidemic or pandemic, war, terrorism, civil unrest, strikes or labour disputes, acts or omissions of government or regulators, failure or interruption of the internet, telecommunications, electricity or hosting infrastructure, and outages or failures of third-party providers on which the Services depend (including Lovable Cloud, Xero, Paddle, ClickSend, Microsoft and telecommunications carriers).

The affected party will use reasonable efforts to mitigate the effect of the event. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected Services on written notice without liability, other than for amounts accrued before termination.

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision will be severed or read down to the minimum extent necessary so that the remainder of these Terms continues in full force and effect.

No failure or delay by either party in exercising any right, power or remedy under these Terms operates as a waiver of that right, power or remedy. A single or partial exercise of any right, power or remedy does not preclude any further exercise of it or of any other right, power or remedy. A waiver is only effective if given in writing and signed by the waiving party, and applies only to the specific circumstance for which it is given.

Any provision of these Terms which by its nature is intended to survive termination or expiry will do so, including clauses relating to accrued fees, intellectual property, confidentiality, data protection, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, notices and this survival clause.

These Terms, together with the Privacy Policy, Acceptable Use Policy, Billing Policy, Cookie Policy, Security Overview, Data Processing Addendum and any order form or plan-specific terms expressly incorporated by Suiviro, constitute the entire agreement between you and Suiviro in relation to the Services and supersede all prior discussions, representations, understandings and agreements (whether oral or written) on that subject matter.

Any terms proposed by you in a purchase order, vendor portal, procurement questionnaire or similar document are expressly rejected and have no effect, even if Suiviro accepts payment referencing that document, unless Suiviro has agreed to them in a signed written variation.