Terms & Conditions
AutoForce Digital is a trading name of Brandlicious Inc., a company incorporated in Delaware, USA, and of AutoForce Digital Pty Ltd, a company incorporated and operating in Australia and New Zealand.
These Terms and Conditions ("Terms") govern your access to and use of the AutoForce Digital platform, including our website, mobile applications, software, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
AutoForce Digital reserves the right to update these Terms at any time, with or without notice. Your continued use of the Services constitutes acceptance of any revised Terms. AutoForce Digital may change, suspend, or discontinue the Services, or any part thereof, at any time without liability.
ARTICLE 1. | DEFINITIONS
AutoForce Digital: the business name of Brandlicious Inc. trading as AutoForce Digital based in the US, and of AutoForce Digital Pty Ltd operating primarily in Australia and New Zealand.
Client: The entity or legal person entering into an Agreement with AutoForce Digital.
User: The Client and any natural person authorised to use the Services under the Agreement and under the responsibility of the Client.
Agreement: The agreement between AutoForce Digital and the Client, incorporating these Terms.
Software: All software provided to the User under the Agreement, for which the User acquires a non-exclusive, revocable right of use.
Web environment: The online platform where the Software is hosted, accessible exclusively to the User via username and password.
Freemium Plan: A subscription plan provided at no cost, subject to a 12-month initial term and auto-renewal and other conditions as described in Article 7.
Paid Subscription: A subscription plan requiring payment, as described in Article 9.
ARTICLE 2. | CONTENT OF THE AGREEMENT
The Agreement permits the use of the Services at one location per subscription, with prices applied per location unless explicitly agreed otherwise in writing. Use of the Services at multiple locations without prior agreement entitles AutoForce Digital to charge the applicable fees for each additional location, retroactively, as if the Client had subscribed for all such locations prior to use.
This provision does not limit AutoForce Digital’s rights to suspend or terminate the Agreement under Article 6.With a subscription, the User may send SMS messages, videos, and quotes or estimates via predefined templates through a unique URL, which can be shared with third parties. AutoForce Digital provides the templates, but the User is solely responsible for supplying and ensuring the legality of all texts, videos, quotes, or estimates added to the Services. AutoForce Digital is not obligated to review User Content and bears no liability for its legality.
The Client indemnifies AutoForce Digital against all third-party claims related to User Content. AutoForce Digital provides the Client with one or more usernames and passwords for access to the Web Environment. The User must maintain the confidentiality of these credentials. All actions performed under the User’s account are attributed to the Client. The Client is responsible for ensuring that all authorised Users comply with these Terms and is liable for any breaches by such Users.
AutoForce Digital is not responsible for unintended approvals or rejections of quotes or estimates through the Web Environment. The Client indemnifies AutoForce Digital against all third-party claims in this regard. All delivery or execution periods provided by AutoForce Digital are indicative and non-binding. Implementation begins only upon receipt of all required Client data.
ARTICLE 3. | USE RIGHTS AND RESTRICTIONS
3.1 License Grant:
Subject to compliance with these Terms, AutoForce Digital grants the Client and its authorised Users a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use the Services for internal business or personal purposes, as applicable, in accordance with the subscribed plan (Freemium or Paid Subscription).
3.2 Restrictions:
The Client and Users shall not, and shall not permit any third party to:
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Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof.
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Use the Services to store or transmit malicious code, viruses, or material that violates applicable laws or third-party rights.
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Access or attempt to access any portion of the Services without explicit authorization.
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Use the Services for unlawful, fraudulent, or unauthorised purposes, including spamming, phishing, or collecting sensitive personal information without proper authorisation.
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Resell, sublicense, lease, or distribute the Services without AutoForce Digital’s prior written consent.
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Use the Services in a manner that interferes with or disrupts their integrity, performance, or availability, including through automated means (e.g., bots, spiders, or scrapers).
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Remove, alter, or obscure any proprietary notices (e.g., copyright or trademark notices) on the Services.
3.3 Account Security:
The Client is responsible for all activities under its account. The Client must promptly notify AutoForce Digital of any unauthorized use or security breach.
3.4 Compliance with Laws:
The Client and Users shall use the Services in compliance with all applicable local, state, national, and international laws, including data protection and privacy laws.
3.5 Enforcement:
AutoForce Digital may monitor usage to ensure compliance and reserves the right to take any actions necessary to detect or prevent abuse, including suspension or termination of access without notice.
ARTICLE 4. | ABUSE
Users must not bypass, remove, or disable any security measures in the Software or Web Environment. Users are prohibited from using equipment or software that disrupts the normal operation of the Services, including spreading viruses, worms, or placing excessive burdens on the system.
Users are prohibited from sending unsolicited messages (SPAM) through the Services. All User Content must not infringe third-party rights or violate legal regulations. AutoForce Digital may remove, without prior consultation, any videos containing violence, incitement to violence, hateful, discriminatory, or otherwise inappropriate content, or political messages, at its sole discretion. The Client is not entitled to compensation for such removals.
If AutoForce Digital incurs damages due to User misuse, the Client is liable for such damages. The Client must take appropriate action against any misuse by Users under its responsibility, including denying access to the Services, and promptly notify AutoForce Digital of such misuse. AutoForce Digital may terminate the Agreement immediately if misuse is suspected, without liability for refunds or reductions in payments.
ARTICLE 5. | INTELLECTUAL PROPERTY
5.1 Ownership:
All content, software, designs, logos, trademarks, and other intellectual property associated with the Services (collectively, "Content") are owned by or licensed to AutoForce Digital and protected by copyright, trademark, and other intellectual property laws. Users may not copy, reproduce, distribute, or create derivative works of the Content without AutoForce Digital’s express written consent, except as permitted under these Terms.
5.2 User Content:
The Client retains ownership of any data, materials, or information uploaded to the Services ("User Content"). By uploading User Content, the Client grants AutoForce Digital a worldwide, non-exclusive, royalty-free, perpetual license to use, store, process, and display such User Content as necessary to provide the Services, comply with legal obligations, or protect AutoForce Digital’s rights. The Client represents and warrants that it has all necessary rights to grant this license and that User Content does not violate third-party rights or applicable laws.
5.3 Feedback:
Any feedback, suggestions, or improvements provided by the Client or Users regarding the Services may be used, modified, or incorporated by AutoForce Digital without obligation to compensate the Client or Users.
ARTICLE 6. | MAINTENANCE OF THE SERVICES
AutoForce Digital may temporarily suspend the Services or Web Environment for maintenance, adjustments, or improvements, whether to its own or third-party systems. Where possible, AutoForce Digital will provide advance notice of scheduled maintenance via the CMS dashboard or email. Non-urgent maintenance will be scheduled to minimise disruption.
AutoForce Digital does not guarantee uninterrupted service during maintenance, and the Client is not entitled to compensation for temporary unavailability.
ARTICLE 7. | FORCE MAJEURE
AutoForce Digital is not obligated to fulfill its obligations under the Agreement if prevented by force majeure events, including but not limited to acts of God, war, terrorism, riots, natural disasters, government actions, pandemics, or other events beyond its reasonable control. The affected party shall promptly notify the other party in writing of the event and its expected duration. Obligations are suspended during the force majeure event, and the affected party shall make reasonable efforts to mitigate its impact.
If a force majeure event continues for more than 60 days, either party may terminate the Agreement without penalty upon written notice. The Client is entitled to a proportional refund for any prepaid fees covering the period of unavailability due to force majeure. Financial inability or lack of funds does not constitute a force majeure event.
ARTICLE 8. | SUSPENSION AND TERMINATION
8.1 Breach:
Violation of these Terms entitles AutoForce Digital to suspend or terminate the Agreement immediately, unless the violation is minor. AutoForce Digital may also suspend or terminate the Agreement if it reasonably believes the Client cannot fulfill its obligations, becomes bankrupt, has goods seized, or loses control of its assets, unless adequate security for payments is provided.
8.2 Performance Issues:
If the Services are unavailable or significantly malfunctioning for the majority of AutoForce Digital’s customers for at least 15 business days (based on Australian work weeks and holidays), the Client may terminate the Agreement by providing seven (7) days’ written notice.
8.3 Effect of Termination:
Upon termination, all licenses granted under these Terms cease, and the Client must stop using the Services. AutoForce Digital may delete User Content, subject to applicable laws, and is not liable for any data loss resulting from termination. All outstanding payments become immediately due and payable.
8.4 No Compensation:
The Client is not entitled to compensation for damages resulting from suspension or termination under this Article.
ARTICLE 9. | LIABILITY AND DISCLAIMER
9.1 General:
All prices are exclusive of Goods and Services Tax (GST) and other applicable taxes. AutoForce Digital may adjust prices with at least one month’s written notice. The Client may terminate the Agreement by written notice before the price adjustment takes effect, bypassing standard notice periods.
9.2 Paid Subscriptions:
Paid Subscriptions require payment of setup fees and monthly subscription costs per location, payable in advance via credit card through Stripe. AutoForce Digital will automatically bill on the monthly renewal date. The Client must provide one month’s written notice to cancel a Paid Subscription, effective at the end of the current billing cycle. Non-payment may result in suspension or termination of access.
9.3 Freemium Plan:
The Freemium Plan is provided at no cost for an initial term of twelve (12) months. subject to each locations turnover being in excess of $1M p.a. and the Client having a Nuvei Merchant account through AutoForce Digital. Thereafter, the Agreement automatically renews for successive 12-month terms unless either party provides written notice of termination at least 30 days prior to the end of the current term. The Client must sign a contract agreeing to these terms before accessing the Freemium Plan.
9.4 Onboarding and Additional Fees:
An onboarding fee must be paid 14 days in advance of the Clients Web environment being made live. For Alpha ID setup or SMS Messaging + WebText Module, any applicable fees must be paid 14 days in advance per location. Non-payment delays implementation until full payment is received.
9.5 Default:
If payment is delayed, the Client is in default and owes 1% monthly interest on the outstanding amount, with part of a month counted as a full month, until fully paid. AutoForce Digital’s obligations are contingent on timely payment. The Client is responsible for all reasonable costs, including extrajudicial collection costs, incurred by AutoForce Digital to recover overdue amounts, calculated per Australian regulations.
ARTICLE 10. WEBTEXT WIDGET
By opting into the AutoForce Digital WebText Widget via a written or online form, you consent to receive marketing and non-marketing text messages from AutoForce Digital’s Clients and their locations to the provided mobile number. You may opt out by replying “STOP” to any message. For assistance, contact +61 (07) 5372 9001 or email info@autoforce.io.
ARTICLE 11. | SMS MESSAGING
Standard carrier messaging rates apply to sending or responding to messages via the Services. AutoForce Digital or its Clients may terminate or suspend access to the Services for any reason at their discretion. Neither AutoForce Digital nor its Clients are responsible for carrier charges related to the use of the Services.
ARTICLE 12. | LIMITATION OF LIABILITY
To the fullest extent permitted by law, AutoForce Digital, its affiliates, and their respective officers, directors, employees, and agents are not liable for any indirect, incidental, consequential, exemplary, or punitive damages, including loss of profits, data, or goodwill, arising from or related to the Services, even if advised of the possibility of such damages. AutoForce Digital’s total liability for any claim is capped at $499.99 or the amount paid by the Client for the Services in the twelve (12) months preceding the claim, whichever is lower.
The Services are provided “as is” without warranties of reliability, accuracy, or completeness. AutoForce Digital is not liable for User Content or its legality, and the Client indemnifies AutoForce Digital against all third-party claims related to User Content, including intellectual property claims.
ARTICLE 13. | CONFIDENTIALITY
Any non-public information provided by AutoForce Digital, including pricing, technical specifications, or product roadmaps, is confidential. The Client and Users shall not disclose or use such information except as necessary to use the Services or with AutoForce Digital’s written consent.
ARTICLE 14. | INDEMNIFICATION
14.1 By AutoForce Digital:
AutoForce Digital shall indemnify, defend, and hold harmless the Client from third-party claims alleging that the Services infringe intellectual property rights, provided the Client promptly notifies AutoForce Digital and cooperates in the defense.
14.2 By Client:
The Client shall indemnify, defend, and hold harmless AutoForce Digital, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from the Client’s or Users’ use of the Services, including violations of these Terms, applicable laws, or third-party rights (e.g., intellectual property or privacy rights).
14.3 Procedure:
The indemnified party shall promptly notify the indemnifying party of any claim. The indemnifying party may control the defense and settlement, provided no settlement is made without the indemnified party’s consent, which shall not be unreasonably withheld.
ARTICLE 15. | SUPPLIER LEVEL AGREEMENT
15.1 Service Availability:
AutoForce Digital guarantees 99.9% uptime, excluding scheduled maintenance. Subscribers will be notified of maintenance via CMS dashboard notifications.
15.2 Performance Metrics:
The CMS is optimized for maximum performance, but response times may vary due to ISP performance. AutoForce Digital maintains at least 50% free CPU capacity to handle peak throughput.
15.3 Support Services:
Support is available from 8 AM to 7 PM AEST via the CMS dashboard widget, text to 0426949734, or email to info@autoforce.io. Response times are typically within 20 minutes.
15.4 Incident Management:
Incidents (e.g., server outages, network issues) will be communicated via CMS dashboard notifications.
15.5 Data Security:
Refer to AutoForce Digital’s Privacy Policy at https://www.autoforce.io/privacy-policy
15.6 Service Credits:
No compensation is provided for downtime unless otherwise agreed.
15.7 Exclusions:
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Force Majeure: Neither party is liable for failures due to acts of God, war, terrorism, riots, natural disasters, government actions, pandemics, or other events beyond reasonable control. The affected party shall notify the other promptly, and obligations are suspended during the event. If the event exceeds 60 days, either party may terminate the Agreement without penalty. Financial inability is not a force majeure event.
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User Error: Performance issues caused by User interactions with the Services are excluded.
15.8 Customer Responsibilities:
Subscribers must use the Services as intended, per provided training, and report issues via the CMS dashboard widget, www.autoforce.io, or info@autoforce.io.
ARTICLE 16. | DISPUTE RESOLUTION
16.1 Negotiation:
Disputes arising under these Terms shall first be addressed through good faith negotiations. The initiating party shall provide written notice, and the parties shall meet within 30 days.
16.2 Mediation:
If unresolved, disputes shall proceed to mediation with a mutually agreed mediator. If no mediator is agreed upon within 10 days, a recognized mediation organization shall appoint one.
16.3 Arbitration:
If mediation fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in Delaware, USA. The arbitration shall be conducted by a single arbitrator, and the decision is final and binding.
16.4 Governing Law:
These Terms are governed by the laws of Delaware, USA, without regard to conflict of law principles.
16.5 Confidentiality:
All dispute resolution proceedings are confidential, and neither party shall disclose details without the other’s written consent.
16.6 Costs:
Each party bears its own costs, except the arbitrator may allocate costs in the award.
ARTICLE 17. | MISCELLANEOUS
17.1 Entire Agreement:
These Terms, together with any applicable subscription agreements, constitute the entire agreement between the parties regarding the Services.
17.2 Assignment:
The Client may not assign its rights or obligations under these Terms without AutoForce Digital’s prior written consent. AutoForce Digital may assign these Terms at its discretion.
17.3 Severability:
If any provision is invalid or unenforceable, the remaining provisions remain in full force.1
7.4 No Waiver:
AutoForce Digital’s failure to enforce any provision does not constitute a waiver.17.5 Contact: For inquiries, contact info@autoforce.io or +61 (07) 5372 9001.