These Terms of Service ("Terms") govern access to and use of the Service101 platform and related services (the "Service") provided by Zenith CC PTY LTD (ABN 61 697 759 274) of SA 5096 ("Service101", "we", "us", "our").
By accessing or using the Service, you agree to these Terms on behalf of the business you represent ("Customer", "you", "your"). If you do not have authority to bind that business, do not use the Service.
If you have a signed agreement or order form with us, that document applies together with these Terms and prevails to the extent of any inconsistency.
1. The Service
1.1
Service101 is a web-based platform that helps automotive dealerships manage aftersales workflows, including digital job cards, vehicle health checks, warranty processes and customer communications.
1.2
We may update, improve or change features of the Service from time to time. We will not materially reduce the core functionality of a paid subscription during its current term without giving you reasonable notice.
2. Accounts and Users
2.1
You are responsible for the users you authorise to access the Service on your behalf and for all activity under your accounts.
2.2
You must keep login credentials confidential, ensure information you provide to us is accurate, and notify us promptly if you become aware of any unauthorised access or use.
3. Your Data
3.1
Ownership. You retain ownership of all data and content you or your users submit to the Service, including job cards, vehicle information, customer details, photos and documents ("Customer Data").
3.2
Our use. You grant us a non-exclusive licence to host, store, process and transmit Customer Data only as needed to provide, secure, support and maintain the Service, and as otherwise instructed by you. We do not sell Customer Data.
3.3
Usage data. We may collect technical and usage information about how the Service is used, and may use it in aggregated or de-identified form to operate and improve the Service.
3.4
Your responsibilities. You are responsible for:
- having all rights, notices and consents needed for us to process Customer Data under these Terms; and
- ensuring that any messages sent to your customers through the Service comply with applicable laws, including privacy, spam and consumer protection laws.
3.5
Retention and deletion. We retain Customer Data for the duration of your subscription unless you ask us to delete it sooner. After your subscription ends, you may request an export of your Customer Data within 30 days. We will then delete or de-identify Customer Data within a reasonable period, except where we are required by law to retain it. Residual copies may remain in backups for a limited period before being overwritten.
3.6
Privacy. Our handling of personal information is described in our Privacy Policy.
4. Security
We implement reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, loss or disclosure. However, no system is completely secure, and we cannot guarantee that Customer Data will never be subject to unauthorised access.
5. Automated and AI-Assisted Features
5.1
Some features of the Service use automated tools, including artificial intelligence provided by third parties, to assist with tasks such as summarising information, drafting messages and extracting information from documents and images.
5.2
Outputs from these features may be inaccurate, incomplete or unsuitable for your purpose. You are responsible for reviewing outputs before relying on them or sending them to anyone.
5.3
The Service is a workflow tool. It does not replace the professional judgement of your technicians and staff, and you remain responsible for all inspection, repair, warranty and customer-facing decisions.
6. Third-Party Services
6.1
The Service may connect with or rely on third-party services, such as dealer management systems, messaging providers and hosting providers ("Third-Party Services").
6.2
Your use of Third-Party Services may be subject to their own terms. We are not responsible for Third-Party Services, and features that depend on them may be affected if they change or become unavailable.
7. Acceptable Use
You must not, and must not allow others to:
- use the Service in breach of any law or to send unsolicited or unlawful messages;
- access or attempt to access data belonging to other customers;
- interfere with, disrupt or attempt to gain unauthorised access to the Service or its systems;
- upload malicious code or content that infringes the rights of others;
- copy, modify, reverse engineer or create derivative works of the Service, except as permitted by law; or
- resell, sublicense or provide the Service to third parties without our written consent.
8. Fees and Payment
8.1
You agree to pay the fees set out in your order form or as otherwise agreed with us in writing.
8.2
Unless stated otherwise, fees are invoiced in advance, payable within 14 days of the invoice date and exclusive of GST and other applicable taxes.
8.3
If fees remain unpaid after we have given you written notice and at least 14 days to pay, we may suspend access to the Service until payment is received.
8.4
We may change our fees with effect from your next renewal by giving you at least 30 days' written notice.
9. Availability and Support
9.1
We use reasonable efforts to keep the Service available and to provide support during our normal business hours. Any specific service levels will be set out in your order form.
9.2
The Service may occasionally be unavailable due to scheduled maintenance, upgrades, Third-Party Service outages or events outside our reasonable control. Where practical, we will give advance notice of scheduled maintenance.
10. Intellectual Property
10.1
We and our licensors own all rights in the Service, including its software, design and documentation. Except for the limited right to use the Service under these Terms, no rights are transferred to you.
10.2
If you provide feedback or suggestions, we may use them without restriction or obligation to you.
11. Confidentiality
Each party must keep confidential any non-public information received from the other party in connection with the Service, and use it only for the purposes of these Terms. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
12. Term, Suspension and Termination
12.1
Your subscription runs for the term set out in your order form and renews as described there.
12.2
Either party may terminate by written notice if the other party materially breaches these Terms and does not remedy the breach within 30 days of receiving notice of it.
12.3
We may suspend access to the Service, in whole or in part, where reasonably necessary to address a security risk, prevent harm to the Service or other customers, or comply with law. We will give notice where practical and restore access once the issue is resolved.
12.4
On termination, your right to use the Service ends and clause 3.5 applies to your Customer Data. Clauses that by their nature should survive termination will survive.
13. Warranties and Disclaimers
13.1
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law (including the Australian Consumer Law) that cannot lawfully be excluded or limited ("Non-Excludable Rights").
13.2
Subject to the Non-Excludable Rights, the Service is provided on an "as is" and "as available" basis, and we do not warrant that it will be uninterrupted, error-free or suitable for every purpose.
14. Limitation of Liability
14.1
To the extent permitted by law, neither party is liable for any indirect or consequential loss, or for any loss of profits, revenue, business or goodwill, arising in connection with these Terms.
14.2
To the extent permitted by law, each party's total aggregate liability arising in connection with these Terms is limited to the fees paid or payable by you to us in the 12 months before the event giving rise to the claim. This limit does not apply to your obligation to pay fees.
14.3
Where our liability for a breach of a Non-Excludable Right can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
14.4
Nothing in these Terms limits liability for fraud or any liability that cannot be limited by law.
15. Indemnity
You indemnify us against third-party claims to the extent they arise from Customer Data you submit, or messages you send through the Service, in breach of these Terms or applicable law.
16. Changes to These Terms
We may update these Terms from time to time. We will give you at least 30 days' notice of any material change. If you do not agree to the change, you may terminate your subscription before the change takes effect and we will refund any prepaid fees for the unused portion of your term.
17. General
17.1
Governing law. These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
17.2
Events outside our control. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, other than payment obligations.
17.3
Assignment. You may not assign your rights under these Terms without our written consent, which we will not unreasonably withhold. We may assign our rights to a related entity or a successor to our business on notice to you.
17.4
Entire agreement. These Terms, together with your order form and our Privacy Policy, form the entire agreement between the parties regarding the Service.
17.5
Severability. If any provision is found unenforceable, it will be read down to the extent necessary and the remaining provisions will continue to apply.
17.6
No waiver. A failure to enforce a right is not a waiver of that right.
18. Contact
Zenith CC PTY LTDSA 5096
Email: admin@zenith-cc.ai