Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and ELASYN ("we", "us", or "TyreShop Software"), governing your access to and use of the TyreShop Software platform and related services.

By creating an account, starting a trial, or using the platform, you agree to be bound by these Terms. If you are using TyreShop Software on behalf of a business, you represent that you have the authority to bind that business to these Terms, and references to "you" include that business.

2. The service

TyreShop Software is a cloud-based shop management platform designed for Australian tyre retailers. It includes features such as bookings, work orders, the workshop board, quotes, invoicing, customer and vehicle management, stock and inventory management, supplier and purchase orders, multi-shop management, staff and role management, reports, and automated SMS and email notifications.

We may add, modify, or remove features over time. We will make reasonable efforts not to remove material features that a paying customer is actively relying on without reasonable notice.

3. Your account

To use TyreShop Software you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, including activity by staff users you invite
• Promptly notifying us of any suspected unauthorised use of your account
• Ensuring that the staff users you invite also comply with these Terms

You must be at least 18 years old and legally capable of entering into a binding contract to use TyreShop Software.

4. Fees and payment

TyreShop Software is sold on a month-to-month subscription basis in Australian dollars. Current pricing is published on the pricing page. All prices are GST inclusive.

• Billing cycle. Subscriptions are billed monthly in advance.
• Payment method. We use Stripe to process payments. By subscribing, you authorise us to charge your nominated payment method for subscription fees and any applicable usage-based charges.
• SMS overages. Each plan includes a monthly SMS allowance. SMS messages sent beyond the included allowance are billed at A$0.12 per message at the end of each billing cycle via metered billing through Stripe.
• Failed payments. If a payment fails, we may suspend your account after reasonable attempts to retry and notify you. Continued non-payment may result in termination.
• Plan changes. You can upgrade or downgrade at any time from your subscription settings. Changes take effect on the next billing cycle. We do not provide refunds for partial months.
• Price changes. We may change our prices by giving you at least 30 days' notice by email. Price changes take effect at the start of your next billing cycle after the notice period.

5. Free trial

We offer a 14-day free trial with Professional-tier features and 50 free SMS messages. No credit card is required to start. At the end of the trial you will be asked to choose a plan and enter payment details. If you do not, your account is paused rather than deleted and your data is retained, subject to our data retention policy, so that you can reactivate at any time.

6. Acceptable use

You must not use TyreShop Software to:

• Violate any applicable law or regulation, including the Spam Act 2003, the Privacy Act 1988, or consumer protection laws
• Send unsolicited bulk messages or messages to recipients who have not consented or who have opted out
• Store or process personal information in violation of privacy law
• Infringe any third-party intellectual property rights
• Attempt to gain unauthorised access to the platform, other customers' accounts, or our underlying infrastructure
• Interfere with or disrupt the platform, including by introducing malicious code, running denial-of-service attacks, or scraping at an excessive rate
• Reverse engineer, decompile, or disassemble the platform, except as permitted by law
• Resell or sublicense access to the platform without our written permission

We may suspend or terminate accounts that violate these rules, with or without notice depending on the severity.

7. Your data and ownership

You own your data. All business records you store in TyreShop Software, including customers, vehicles, invoices, products, stock, work orders, and everything else, remain your property. We act as a processor on your behalf.

You grant us a limited licence to store, copy, transmit, display, and otherwise process your data solely to provide and operate the platform for you, to prevent fraud and abuse, to comply with law, and to develop and improve the service in aggregate, de-identified form.

You are responsible for ensuring you have the right to collect, store, and process the personal information of your customers, staff, and suppliers in TyreShop Software, and for complying with privacy, tax, and record-keeping law applicable to your business.

You can export your data at any time while your subscription is active. We handle data retention and deletion in line with our Privacy Policy.

8. Service availability

We aim to keep TyreShop Software available and performant, but we do not guarantee uninterrupted or error-free service. Planned maintenance, emergency patches, infrastructure incidents, or failures of third-party providers may cause downtime. Where possible we will give notice of planned maintenance.

9. Third-party services

TyreShop Software depends on third-party services, including payment, SMS, email and cloud hosting providers. Your use of those services through TyreShop Software is also subject to the providers' own terms. We are not responsible for the acts or omissions of third-party providers beyond our reasonable control.

10. Intellectual property

TyreShop Software and its software, design, trademarks, and documentation are owned by ELASYN or its licensors and are protected by Australian and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the platform for your business for as long as your subscription is active. No other rights are granted.

11. Warranties and disclaimers

TyreShop Software is provided on an "as is" and "as available" basis. Except as expressly set out in these Terms or required by law, we make no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

TyreShop Software is a tool to help you run your business. It is not a substitute for professional advice. You remain responsible for your tax, accounting, and legal obligations.

12. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, data, or opportunity, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or related to these Terms or the platform, whether in contract, tort (including negligence), or otherwise, will not exceed the amount you have paid to us for the platform in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you have that cannot be excluded, restricted, or modified by law.

13. Australian Consumer Law

If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), you are entitled to consumer guarantees that cannot be excluded. Where permitted by law, our liability for a breach of a consumer guarantee is limited, at our option, to supplying the service again or paying the cost of having the service supplied again.

14. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the platform in breach of these Terms
• Your breach of applicable law, including privacy or spam law
• Infringement of third-party rights by data you store or messages you send via the platform

15. Termination

By you. You may cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing cycle. We do not provide refunds for partial months.

By us. We may suspend or terminate your account if you materially breach these Terms, fail to pay, or use the platform in a way that exposes us or other customers to legal, security, or financial risk. Where reasonable, we will give you notice and an opportunity to fix the issue first.

Effect of termination. On termination, your right to access and use the platform ends immediately. Data retention on termination is handled under our Privacy Policy.

16. Changes to the terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, notify account holders by email. Your continued use of TyreShop Software after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the platform.

17. Governing law

These Terms are governed by the laws of the State of Queensland, Australia. You and ELASYN submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them for any dispute arising out of or related to these Terms or the platform.

18. Contact