Terms of Service

1. Who we are and what this covers

1.1 TrakkHQ is provided by TrakkHQ (ABN to be confirmed) ("TrakkHQ", "we", "us").
1.2 These terms are an agreement between us and the business that signs up ("you", the "Customer"). The person signing up confirms they have authority to bind that business.
1.3 TrakkHQ is a business tool. You acknowledge you acquire it for business purposes.

2. The service

2.1 TrakkHQ is software for scheduling, dispatching and tracking trucks and drivers, and the add-on modules you switch on (for example AI email booking, Xero invoicing, Workshop, Compliance).
2.2 We may improve, change or retire features. If we remove a feature you pay for, we will tell you at least 30 days ahead and adjust your fees.
2.3 Some features rely on third parties (for example Stripe, Google Maps, your accounting software, mobile networks, GPS hardware). We are not responsible for their outages, but we will tell you when one affects you.

3. Accounts and users

3.1 You control who in your business has access and what role they have (admin, office, scheduler, driver, mechanic, customer portal).
3.2 You are responsible for what your users do in TrakkHQ and for keeping logins and PINs private.
3.3 Tell us promptly through trakkhq.com if you think an account has been misused.

4. Free trial

4.1 New Customers get a 30-day free trial. No card is needed to start.
4.2 At the end of the trial, the subscription starts only if you have added a payment method. If you haven't, your account is paused and your data is kept for 90 days.

5. Fees and payment

5.1 Fees are as shown on the Plan & billing page when you subscribe, and include GST unless stated. We issue a tax invoice for each charge.
5.2 Subscriptions are billed monthly in advance and renew automatically until cancelled.
5.3 Payments are processed by Stripe. You authorise us to charge your nominated card for fees as they fall due. Card details are held by Stripe, not by us.
5.4 If a payment fails we will retry and email you. If it remains unpaid 14 days after the due date, we may suspend access until it is paid. We will not delete your data for non-payment without at least 30 days' written notice.
5.5 We may change prices with at least 30 days' notice. A change applies from your next billing period after the notice ends.

6. Cancelling

6.1 You can cancel at any time from Plan & billing. You keep access until the end of the paid period. Fees already paid are not refunded except where the law requires.
6.2 We may end these terms with 30 days' notice, or immediately if you seriously breach them (including the Acceptable Use Policy) and don't fix the breach within 14 days of notice.

7. Your data

7.1 Your data (jobs, customers, drivers, vehicles, GPS history, documents, invoices) belongs to you. You give us a licence to host, process and back it up only to provide and support the service.
7.2 You can export your data at any time, and for 90 days after the account ends. After that we delete it, except for records we must keep by law (for example our own tax records).
7.3 We handle personal information as set out in our Privacy Policy.

8. GPS tracking and workplace surveillance

8.1 TrakkHQ records the location of vehicles and, where you use the driver app, of drivers' devices during work.
8.2 You are responsible for complying with workplace surveillance and privacy laws that apply to you, including giving your workers any notice the law requires (for example under the Workplace Surveillance Act 2005 (NSW) and the Surveillance Devices Act 1999 (Vic)), and for using location data only for lawful purposes.

9. Your responsibilities in operations

9.1 TrakkHQ helps with scheduling, compliance checklists and records, but you remain responsible for your obligations under the Heavy Vehicle National Law, chain of responsibility, fatigue, mass and load restraint, and work health and safety laws.
9.2 Compliance tools, including any AI assistant that answers questions about NHVR rules, give general information only. Check important answers with the NHVR or an adviser.
9.3 Invoices and figures TrakkHQ produces are calculated from the data entered and tracked. Review them before you send them to your customers.

10. AI features

10.1 Some modules use AI to read booking emails or answer questions. AI output can be wrong. You should review jobs it creates before dispatch.
10.2 We do not use your data to train third-party AI models.

11. Availability and support

11.1 We aim for the service to be available at all times but do not promise uninterrupted operation. We will tell you about planned maintenance in advance where we can.
11.2 Support is by email and in the app during business hours (Sydney time).

12. Liability

12.1 Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot be excluded.
12.2 Subject to 12.1, our total liability to you in any 12-month period is limited to the fees you paid us in that period, and we are not liable for indirect or consequential loss, including lost profit or revenue.
12.3 You indemnify us against third-party claims arising from your breach of law (including surveillance and privacy law) or of the Acceptable Use Policy.

13. Confidentiality and security

13.1 Each party keeps the other's confidential information confidential.
13.2 We use reasonable security measures, described in the Privacy Policy. We will tell you without undue delay if a data breach affects your data, and meet our obligations under the Notifiable Data Breaches scheme.

14. Changes to these terms

14.1 We may update these terms. For material changes we will give at least 30 days' notice by email and in the app. We record which version each Customer has accepted.

15. General

15.1 These terms are governed by the laws of Victoria, Australia.
15.2 Disputes: the parties will first try to resolve a dispute by good-faith discussion for 30 days before going to court.
15.3 Notices go to the email addresses on the account.