TERMS
Terms of Service
Effective date: [date]
Agreement
These terms are an agreement between Power OPE Pty Ltd (ABN 87 692 598 486) (“PowerOPE”, “we”) and the business that subscribes to PowerOPE (the “dealership”, “you”). Staff who sign in are doing so for the dealership. The dealership is responsible for its users.
The service
PowerOPE is business software for outdoor power equipment dealers, including point of sale, inventory, workshop jobs, invoicing, and related tools, hosted for the dealership at its own address (for example https://[dealer].powerope.app). PowerOPE Central is the administration service we use to run those sites. Features depend on the plan you are on. We may change features as the product develops. We will not materially reduce the service you are paying for without notice.
Accounts
You must give each staff member their own user. Keep passwords confidential, and turn on sign-in with Google or Microsoft only for people you mean to allow in. You are responsible for activity under your users’ accounts, and for setting permissions that match what each person should see. Sign in with Google or Microsoft only confirms identity. It does not give PowerOPE access to that person’s mailbox, files, or calendar. A Google or Microsoft account can sign in only if it matches a user you have already allowed, unless an administrator turns on automatic account creation.
Liability
To the extent permitted by the Australian Consumer Law, we exclude warranties that are not expressly stated in these terms, and our total liability arising out of the service in any 12-month period is limited to the fees you paid us in that period. We are not liable for lost profits, lost data caused by your own exports or deletions, or the acts of a payment or email provider. Nothing in these terms excludes rights that cannot be excluded under the Australian Consumer Law. Where that law allows us to limit a remedy, we limit it to resupplying the service or paying the cost of resupply.
Your data
You own the business data you put into PowerOPE, including your customers’ details, jobs, invoices, and files. You give us a licence to host, back up, and process that data only so we can provide the service, secure it, and meet the law. You are responsible for having a proper reason to collect your customers’ information, for telling them how you handle it, and for honouring their requests for access, correction, or deletion. We will provide tools and reasonable help so you can meet those duties. Our privacy policy explains how we handle personal information ourselves. On termination, you may export your data for [30] days. After that we delete it from production systems, apart from copies we must keep for law, security, or backup rotation.
Acceptable use
You must not use PowerOPE to break the law, send unlawful marketing, upload malware, probe or disrupt the service, or attempt to access another dealership’s data. You must not resell the service as your own software product without our written agreement.
Third-party services
Payments run through the Square or Stripe account you connect. Those providers’ terms apply to payment processing. Email is sent through Mailgun, on our platform domain or a domain you verify. Address lookup uses AddressFinder or Google when you enable it. Their availability is outside our direct control. Fees those providers charge you are separate from our fees.
Fees
Subscription fees, what is included, and payment terms are [set out in your order / on the pricing page]. Fees are in Australian dollars and exclude GST unless stated. We may suspend the service if fees are overdue after notice.
Availability and support
We aim to keep the service available, excluding planned maintenance and failures of upstream providers. Support is available at support@powerope.ai during business hours. We take reasonable backups. You should keep your own copies of records you cannot afford to lose.
Our intellectual property
We own the PowerOPE software, design, and brand. These terms do not transfer that ownership. You receive a non-exclusive right to use the service for your dealership’s internal business while your subscription is active.
Confidentiality
We will keep your business data confidential and use it only as these terms and the privacy policy allow. You will keep our non-public product and security information confidential.
Contact
Power OPE Pty Ltd· Email: legal@powerope.ai
Suspension and ending the agreement
You may stop at the end of a billing period by managing your subscription in the PowerOPE subscription manager or by contacting support@powerope.ai. We may suspend access if you breach these terms and do not fix the breach within [14] days of notice, or immediately if the use creates a security or legal risk. Clauses that should survive (data return, liability, confidentiality, governing law) continue after the agreement ends.
Law
These terms are governed by the laws of NSW, Australia. The courts of that state have jurisdiction.