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Terms of Service

Effective date: 17 July 2026

These Terms of Service ("Terms") govern your access to and use of the websites, web and mobile applications, and related services (the "Service") provided by PTY Unlimited Pty Ltd (ABN 98 693 284 525), trading as Off the Tools ("Off the Tools", "we", "us", or "our"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who we are and acceptance

The Service is operated by PTY Unlimited Pty Ltd, 3/490 The Boulevard, Kirrawee NSW 2232, Australia. By accessing or using the Service you confirm you have read, understood and agree to be bound by these Terms. If you use the Service on behalf of a business, you confirm you have authority to bind that business, and "you" means that business.

2. Eligibility and accounts

  • You must be at least 18 years old and use the Service for business purposes. You represent that you acquire the Service wholly for business use and not for personal, domestic or household use, and are not a "consumer" under any applicable consumer law.
  • You must provide accurate, current and complete information and keep it up to date.
  • You are responsible for keeping your credentials confidential and for all activity under your account.
  • Notify us promptly of any unauthorised use or security issue at Contact@offthetools.ai.

3. The Service

Off the Tools provides business management software for trade and service businesses, including quoting, scheduling, job and customer management, invoicing and payments, a website builder, messaging, an AI voice receptionist and AI assistant, marketing automations, and integrations with third-party services such as Stripe, Twilio, Xero, QuickBooks Online, Google and Microsoft. We may add, change or remove features over time; where a change materially and adversely reduces core functionality you use, we will give reasonable advance notice and you may cancel before it takes effect.

4. Subscriptions, billing and cancellation

  • Plan and price: your subscription is for the plan and at the price shown to you when you subscribe. Subscriptions are month-to-month with no lock-in contract and renew automatically each month until cancelled. When you subscribe you separately consent to automatic renewal, and we show the renewal frequency, the amount and how to cancel before you confirm.
  • Payment: unless you subscribe through a mobile app store, charges are processed by Stripe using your chosen payment method. If you subscribe through the Apple App Store or Google Play, that store manages your billing, renewals and any refunds under its own terms.
  • Free trial: where a free trial is offered, it automatically converts to a paid subscription at the then-current price for your plan when the trial ends, unless you cancel before then. We will remind you before it converts, and no payment is taken during the trial.
  • Renewal reminders: for annual or longer terms we will send a reminder before renewal identifying the service, the recurring charge and frequency, and how to cancel.
  • Cancellation: you can cancel online at any time from your account settings — at least as easily as you subscribed and without contacting us (for app-store subscriptions, through the store). Your subscription continues until the end of the current billing period and is not renewed after that.
  • Price and plan changes: we will give clear and conspicuous notice at least 30 days before any price increase or other material change to your subscription, and you may cancel before it takes effect.
  • Taxes: prices are exclusive of GST, VAT, sales tax and similar taxes unless stated, and you are responsible for those where applicable.
  • Refunds: except where required by the Australian Consumer Law or other consumer laws that cannot be excluded, payments are non-refundable and we do not provide refunds or credits for partial periods.

5. Your data, security and ownership

  • You own the data you upload, including data about your customers ("Your Data").
  • You grant us a worldwide, non-exclusive licence to host, process, transmit and display Your Data to provide, secure and support the Service and as directed by you. Any use to improve the Service uses only aggregated or de-identified data, and we do not use Your Data or your customers' personal information to train generalised AI models (see our Privacy Policy). For personal information about your customers, we act as your processor and only use it to provide the Service; a Data Processing Addendum is available on request.
  • You are responsible for the accuracy and lawfulness of Your Data, including having a lawful basis and any required consents to collect and share information about your customers.
  • Data export: for at least 30 days after termination you may export Your Data from your account in a machine-readable format (such as CSV or JSON); after that we may delete it in accordance with our Privacy Policy.
  • Security: we maintain reasonable technical and organisational security measures designed to protect Your Data, as described in our Privacy Policy.

6. Acceptable use

You agree not to:

  • break any law or regulation, or infringe anyone's intellectual property or privacy rights;
  • upload malicious code, attempt unauthorised access, or interfere with or disrupt the Service;
  • send spam or unlawful, deceptive, harassing or infringing communications;
  • use the Service to store or transmit content that is illegal or that you have no right to; or
  • resell, sublicense or commercially redistribute the Service without our written consent.

7. Messaging, calls and consent (important)

The Service lets you send SMS, make and receive calls, and send email to your own contacts using Twilio and other providers. When you use these features, you are the sender and the party responsible for the communications, and you agree that:

  • you will obtain and keep records of all consents required to call, text or email your contacts, retain those consent and opt-out records for at least the applicable limitation period (at least four years for US recipients), and provide them to us promptly on request for carrier or regulator audits;
  • you will comply with all applicable laws and industry rules, including the Spam Act 2003 (Australia), the Do Not Call Register Act 2006 (Australia), the Telephone Consumer Protection Act and A2P 10DLC / carrier registration requirements (United States), CASL (Canada), the Privacy and Electronic Communications Regulations (United Kingdom), and telemarketing and Do-Not-Call rules;
  • you will honour opt-out requests (including STOP for SMS) promptly, and you will conduct yourself consistent with the Twilio Acceptable Use Policy and Messaging Policy, and are responsible for your own users' compliance;
  • if you disable the automatic opt-out / sender-identification footer, you are solely responsible for including a compliant opt-out mechanism and sender identification in every message; and
  • you will not send prohibited, illegal or high-risk content, and we, our carriers and our providers may inspect, filter, throttle, block or suspend messaging to comply with law or carrier rules.

You are responsible for your communications and will indemnify us for claims arising from them, as set out in Section 16.

8. AI features

The Service includes AI features, including an AI voice receptionist and an in-app AI assistant. AI features are provided on an "as is" basis, can produce inaccurate or incomplete results, and do not constitute legal, financial, tax, medical or other professional advice — verify outputs before relying on them. You are responsible for reviewing AI outputs and for any actions taken through the AI on your behalf, including bookings, messages and quotes. You are responsible for ensuring your callers and customers are told, at the start of each interaction, that they are interacting with an AI system, that an AI-generated voice may be used, and that calls may be recorded, and for obtaining any consent your jurisdiction requires. We do not use Your Data or your customers' content to train generalised AI models. AI features are delivered using third-party providers, including Retell AI and Anthropic.

9. Payments to you (Stripe)

Card payments you collect from your customers are processed by Stripe. Your use of that function is subject to the Stripe Services Agreement and the Stripe Connected Account Agreement, which you agree to, and you will not use Stripe payments for any business or activity on Stripe's Restricted Businesses list. Stripe's handling of personal information is described in the Stripe Privacy Policy. You are responsible for your transactions with your customers, including the goods or services you supply, your refunds, disputes and chargebacks. We are not a party to, and are not responsible for, those transactions.

10. Third-party services and integrations

The Service integrates with third-party services including Stripe, Twilio, Xero, QuickBooks Online, Google and Microsoft. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their availability, accuracy or actions. Features using Google Maps are subject to the Google Maps / Google Terms of Service and Google Privacy Policy, which are incorporated by reference, and we display and do not remove Google attribution. Connecting or disconnecting an integration is your choice.

11. Intellectual property

The Service, including its software, design, content and trademarks, is owned by Off the Tools or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You retain ownership of Your Data. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service.

12. Mobile apps and app stores

If you download our mobile app from the Apple App Store, Google Play or the Samsung Galaxy Store, your use is also subject to that store's terms, and any subscription purchased through a store is managed by that store. For apps obtained from the Apple App Store, you acknowledge that:

  • these Terms are between you and us, not Apple, and Apple has no obligation to provide maintenance or support for the app;
  • you are granted a non-transferable licence to use the app on any Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
  • in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses are our responsibility, not Apple's;
  • we, not Apple, are responsible for addressing claims relating to the app (including product-liability, legal-compliance and consumer-protection claims) and third-party intellectual-property claims;
  • you represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government list of prohibited or restricted parties; and
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

13. Deleting your account

You can delete your account and associated personal data at any time from within the app and web app (Settings → Delete account), or request deletion without signing in by emailing Contact@offthetools.ai. We may retain limited data as required for legal, security or fraud-prevention reasons, as described in our Privacy Policy. For accounts provisioned by an organisation, deletion of a member may be managed by the organisation's administrator.

14. Confidentiality

Each party may access the other's non-public information in connection with the Service. Each party will protect the other's confidential information and use it only as needed to perform under these Terms, except where disclosure is required by law.

15. Consumer law

Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded. To the extent the Service is not of a kind ordinarily acquired for personal, domestic or household use, and where the law allows us to limit our liability, our liability for breach of a consumer guarantee is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

Other regions. Nothing in these Terms excludes or limits any right or remedy you have that cannot be excluded under the consumer laws that apply to you, including in the European Union, the United Kingdom, New Zealand, Canada and the United States. If you are a consumer, you expressly request that we begin supplying the Service immediately and acknowledge that you will lose any statutory right of withdrawal once supply begins.

16. Disclaimers, liability and indemnity

Disclaimers. To the extent permitted by law and subject to Section 15, the Service is provided "as is" and "as available", and we do not warrant that it will be uninterrupted, error-free, secure or fit for a particular purpose.

Limitation of liability. To the maximum extent permitted by law and subject to Section 15, our total liability arising out of or in connection with these Terms or the Service is limited to the fees you paid us in the 12 months before the claim, and we are not liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, data or goodwill.

Indemnity. You will indemnify Off the Tools and its personnel against third-party claims, losses and expenses to the extent they arise out of your breach of these Terms, your communications to your contacts, your misuse of the Service, or your breach of any law or third-party right.

17. Suspension and termination

We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm or legal exposure to us or others. Except where a breach cannot be cured or the law or an urgent risk requires immediate action, we will give you notice and a reasonable opportunity to fix the issue first. You may terminate at any time by cancelling your subscription. On termination your right to use the Service ends; we will make Your Data available for export as set out in Section 5 and then delete it in accordance with our Privacy Policy and applicable law.

18. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Subject to Section 19 and to any mandatory rights you have under your local law, you and we submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.

19. Dispute resolution and arbitration (United States users)

This Section 19 applies to users located in the United States and is governed by the Federal Arbitration Act.

Informal resolution first. Before starting arbitration, you and we agree to try to resolve the dispute informally. Send a Notice of Dispute to Contact@offthetools.ai stating your name, account, a description of the dispute and the relief sought. The parties will negotiate in good faith for 30 days (during which any limitation period is tolled); this step is a condition precedent to arbitration.

Binding individual arbitration. If the dispute is not resolved, it will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules and Fee Schedule then in effect, rather than in court — except that either party may bring an individual claim in small-claims court. If the AAA is unavailable or declines to administer, the parties will agree on another established national arbitration provider and, failing agreement, a court may appoint one under 9 U.S.C. §5; no arbitration provider is integral to these Terms. We will pay the arbitration filing and administrative fees for any claim seeking $10,000 or less, and the arbitration will take place in your home judicial district or by video at your election. The arbitrator may award any relief a court could, including statutory fees, and the otherwise-applicable statute of limitations applies.

Delegation. The arbitrator has exclusive authority to resolve threshold questions of arbitrability, scope, enforceability, unconscionability and formation, except that a court decides the enforceability of the Class Action Waiver below and any dispute over which of two conflicting agreements governs.

Class Action Waiver. You and Off the Tools agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate claims. This Class Action Waiver is material and non-severable from the agreement to arbitrate: if it is found unenforceable as to any claim, the entire agreement to arbitrate (except the small-claims carve-out) is void as to that claim, which must then proceed in court, and class, collective or representative claims may never be arbitrated.

Opt-out. You may opt out of this Section 19 by emailing Contact@offthetools.ai within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect the rest of these Terms.

20. Copyright complaints

If you believe content on the Service infringes your copyright, contact Contact@offthetools.ai with enough detail to identify the work and the material, your contact details, and a statement of good-faith belief that the use is not authorised. We respond to valid notices, including under the US Digital Millennium Copyright Act, and will provide a counter-notice process where it applies.

21. Changes to these Terms

We may update these Terms from time to time. The effective date at the top reflects the most recent revision. We will give at least 30 days' notice of material changes through the Service or by email; if you do not agree, you may cancel before they take effect, and continued use after that date means you accept them.

22. General

Survival. Sections 5, 9, 11, 14, 15, 16, 18, 19, 20 and 22 survive termination or expiry of these Terms. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale; you may not assign them without our consent. We may use subcontractors and sub-processors to provide the Service. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control. These Terms and the Privacy Policy — together with any Data Processing Addendum and any order form, which prevail over these Terms to the extent of a conflict on their subject matter — are the entire agreement between us about the Service. We will send notices to your account email; you can send notices to the address in Section 23.

23. Contact

PTY Unlimited Pty Ltd, 3/490 The Boulevard, Kirrawee NSW 2232, Australia. Email: Contact@offthetools.ai.