Terms and Conditions

AutoForce Digital is a trading name of AutoForce Digital Pty Ltd (ABN 28 680 834 020, ACN 680 834 020), an Australian proprietary company incorporated and operating in Australia and New Zealand (referred to as “AutoForce Digital”, “we”, “us” or “our”).

These Terms and Conditions (“Terms”) govern your access to and use of the AutoForce Digital platform, website, mobile applications, software, and related services (collectively, the “Services”). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, you must not use the Services.

We may update these Terms from time to time. Material changes will be notified via email or dashboard notice at least 14 days before they take effect (where practicable). Continued use after the effective date constitutes acceptance, unless you terminate in accordance with these Terms. You may terminate if a material change significantly adversely affects you.

Article 1 - Definitions

AutoForce / AutoForce Digital: AutoForce Digital Pty Ltd (ABN 28 680 834 020) trading as AutoForce Digital.
Client: The business or legal entity entering into an Agreement with AutoForce Digital.
User: The Client and any natural person authorised by the Client to use the Services.
Agreement: The agreement between AutoForce Digital and the Client incorporating these Terms and any order form or subscription details.
Services: The AutoForce Digital platform, software, applications, SMS tools, video tools (including ServiceCAM and SalesCAM), WebText, reviews tools, payments integrations, KeyNest integration, and related functionality.
User Content: Data, text, videos, photos, quotes, or other materials uploaded or submitted by the Client or Users.
Uploaded Media: Video or photo content uploaded through the Services that may contain personal information of the Client’s end-customers or third parties.
Freemium Plan and Paid Subscription: As described in the commercial terms or Article 10.
KeyNest: The contactless key drop-off and pick-up service involving physical smart lockers and associated software integration.

Article 2 - Scope of Agreement and Use

The Services are licensed for use at one location per subscription unless otherwise agreed in writing. Multi-location use without agreement entitles AutoForce Digital to charge the applicable fees for additional locations (including retroactively).

The Client is solely responsible for the legality, accuracy, and appropriateness of all User Content, including ensuring compliance with applicable laws (including privacy, spam, and consumer laws) when sending SMS, videos, quotes, or other communications. AutoForce Digital provides templates and tools but does not review User Content for legality and bears no liability for it.

The Client must keep login credentials confidential and is responsible for all activity under its accounts. The Client must ensure all authorised Users comply with these Terms.

Article 3 - Licence and Restrictions

Subject to compliance with these Terms and payment of applicable fees, AutoForce Digital grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for the Client’s internal business purposes in accordance with the subscribed plan.

Restrictions: The Client and Users must not reverse engineer, decompile, resell, sublicense, or distribute the Services; introduce malware; interfere with the Services; use the Services for unlawful purposes (including spam or unauthorised collection of personal information); or remove proprietary notices.

The Client must use the Services in compliance with all applicable laws, including Australian and New Zealand privacy, spam, and consumer protection laws.

Article 4 - Acceptable Use and Abuse

Users must not send unsolicited commercial electronic messages (spam) via the Services. The Client is responsible for obtaining and retaining valid consent (express preferred) and providing functional unsubscribe mechanisms in accordance with the Australian Spam Act 2003 and the New Zealand Unsolicited Electronic Messages Act 2007.

AutoForce Digital may remove content that is unlawful, offensive, or violates these Terms. The Client indemnifies AutoForce Digital against claims arising from User Content or misuse.

Article 5 - Intellectual Property

AutoForce Digital owns or licenses all intellectual property in the Services and platform. The Client retains ownership of User Content and grants AutoForce Digital a non-exclusive, worldwide, royalty-free licence to use, store, process, and display User Content solely as necessary to provide the Services, comply with law, or improve the Services (subject to privacy obligations).

Article 6 – Uploaded Media, Privacy, and Data

6.1 Roles
AutoForce Digital acts as a data processor for personal information of the Client’s end-customers that the Client uploads or provides (processed on the Client’s instructions). AutoForce Digital acts as a data controller for personal information it collects directly about the Client and its Users.

6.2 Client Responsibilities
The Client warrants that it has all necessary rights, consents, and notices in place for User Content and Uploaded Media, including:

Compliance with the Australian Privacy Act 1988 (including the Australian Privacy Principles and amendments under the Privacy and Other Legislation Amendment Act 2024) and the New Zealand Privacy Act 2020 (including Information Privacy Principles and IPP 3A on indirect collection, effective 1 May 2026).
Obtaining appropriate consents from Third-Party Individuals whose personal information or likeness appears in videos or photos.
Providing required collection notices.

6.3 AutoForce Digital’s Privacy Obligations
AutoForce Digital will take reasonable steps to protect personal information in accordance with the Australian Privacy Act 1988 and New Zealand Privacy Act 2020. Personal information may be stored or processed in Australia, New Zealand, or overseas (including via cloud providers). We take reasonable steps to ensure comparable protections.

Third parties (or the Client on their behalf) may request access, correction, or deletion by contacting support@autoforce.io. We will respond within the timeframes required by applicable law (generally 30 days in Australia and 20 working days in New Zealand).

6.4 KeyNest
Where the Client uses KeyNest, the Client is responsible for the physical keys, customer instructions, and compliance with any insurance or operational requirements. AutoForce Digital provides software integration and notifications but is not responsible for loss, theft, damage, or misuse of keys or vehicles except to the extent caused by our negligence. Digital audit logs are provided for the Client’s records.

6.5 SMS and Electronic Messaging
The Client must comply with spam laws. Commercial messages require valid consent, accurate sender identification, and a functional unsubscribe facility. AutoForce Digital is not responsible for the Client’s compliance failures.

Article 7 – Maintenance

We may suspend the Services for maintenance. We will provide reasonable notice where practicable. The Client is not entitled to compensation for temporary unavailability during scheduled maintenance.

Article 8 – Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control (including natural disasters, pandemics, government actions, or widespread internet outages). Obligations are suspended during the event. If the event continues for more than 60 days, either party may terminate. Proportional refunds of prepaid fees may apply for periods of unavailability.

Article 9 – Suspension and Termination

We may suspend or terminate for material breach, non-payment, or insolvency. The Client may terminate for convenience with the notice period specified in the relevant plan (generally one month for Paid Subscriptions).

On termination, access ceases, outstanding fees become due, and we may delete User Content after a reasonable period (subject to legal retention obligations). Data export may be available on request before deletion.

Article 10 – Fees, Subscriptions, and Payments

10.1 General
Prices are exclusive of GST. We may adjust prices with at least 30 days’ written notice. The Client may terminate before the change takes effect if it does not accept the new pricing.

10.2 Paid Subscriptions
Fees are payable in advance. Cancellation requires the specified notice and takes effect at the end of the current billing period. Non-payment may result in suspension.

10.3 Freemium Plan
The Freemium Plan is provided at no cost subject to the published conditions (including location turnover thresholds and use of the integrated Nuvei payments solution). It is subject to the same terms otherwise applicable.

10.4 Payments Integration
Where the Client uses our payments tools (including Nuvei integration), the Client remains responsible for its merchant account, transaction fees, chargebacks, and compliance with payment rules. AutoForce Digital is not a payment processor.

Article 11 – Liability and Consumer Law

11.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any non-excludable rights or guarantees under the Australian Consumer Law (ACL). Where the ACL applies (including for many business customers acquiring services for $100,000 or less), services must be provided with due care and skill and be fit for purpose.

11.2 Limitation of Liability
To the maximum extent permitted by law, AutoForce Digital’s total aggregate liability arising out of or in connection with the Services or these Terms is limited to the fees paid by the Client in the 12 months preceding the claim (or $1,000 if greater). We exclude liability for indirect, consequential, or special damages, loss of profits, or data loss, to the extent permitted by law.

These limitations do not apply to liability that cannot be excluded under the ACL, or for death, personal injury, or fraud.

11.3 Disclaimer
Subject to the ACL, the Services are provided “as is”. We do not warrant uninterrupted or error-free operation.

Article 12 – Indemnity

The Client indemnifies AutoForce Digital against claims, losses, and costs arising from the Client’s User Content, breach of these Terms, or violation of law (including privacy or spam laws). AutoForce Digital will indemnify the Client against third-party claims that the Services infringe intellectual property rights (subject to prompt notice and cooperation).

Article 13 – Service Levels

We target 99.9% uptime for the core platform (excluding scheduled maintenance and force majeure). No service credits are provided. Support hours and channels are as published on our website or in the dashboard.

Article 14 – Confidentiality

Each party must keep the other’s confidential information confidential and use it only for the purposes of the Agreement.

Article 15 – Dispute Resolution

The parties will first attempt to resolve disputes by good-faith negotiation. If unresolved, either party may refer the matter to mediation. If mediation fails, the dispute may be referred to the courts of Queensland, Australia.

Article 16 – Governing Law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland. Mandatory consumer and privacy laws of Australia and New Zealand continue to apply where relevant.

Article 17 – Miscellaneous

These Terms constitute the entire agreement. Severability applies. We may assign these Terms; the Client may not assign without consent. Notices may be given by email.