Terms of Service - Teamsmith

1. Acceptance of Terms

By accessing or using Teamsmith ("the Service"), operated by Evonet Pty Ltd ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Teamsmith is a job management application for trade businesses that helps users manage clients, quotes, jobs, scheduling, timesheets and invoicing. The Service is provided for use by businesses and their authorised team members.

3. User Accounts and Team Members

To use Teamsmith, you must create an account. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Providing accurate and complete information during registration
Managing which team members you invite to your business and the permissions you grant them
Notifying us immediately of any unauthorised use of your account

4. Subscriptions and Billing

New accounts receive a 14-day free trial. No credit card is required to start a trial.
After the trial, the Service is billed per user, per month at the prices published on our pricing page. Subscriptions are billed through Stripe when purchased on the web, or through the Apple App Store when purchased in the iOS app.
Subscriptions renew automatically each month until you cancel them. The title, length and price of each plan are shown before you buy.
There is no lock-in contract. You may cancel your subscription at any time, and your subscription will remain active until the end of the current billing period.
We may change our prices from time to time. We will give you reasonable notice of any price change before it takes effect.

5. App Store Subscriptions and Apple Terms

This section applies if you download Teamsmith from the Apple App Store or purchase a subscription inside the Teamsmith iOS app. Where it differs from the rest of these Terms, this section applies to that download or purchase. Together with the rest of these Terms it forms the end user licence agreement (EULA) for the iOS app.

Auto-renewing subscriptions

Teamsmith is offered in the iOS app as an auto-renewing monthly subscription covering everyone in your company. The plan name, the length of the subscription period and the price are shown in the app before you confirm the purchase. Payment is charged to your Apple ID account when you confirm. The subscription renews automatically each month unless auto-renew is turned off at least 24 hours before the end of the current period, and your Apple ID account is charged for the renewal within the 24 hours before the end of that period. You can view, manage and cancel your subscription, including turning off auto-renew, in your Apple ID account settings. Cancelling stops future renewals; your access continues until the end of the period you have already paid for.

Acknowledgement

These Terms are between you and Evonet Pty Ltd only, and not with Apple Inc. Evonet, and not Apple, is solely responsible for Teamsmith and its content.

Scope of licence

We grant you a non-transferable licence to use Teamsmith on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.

Maintenance and support

Evonet is solely responsible for providing maintenance and support for Teamsmith, as described in these Terms or as required by law. Apple has no obligation to furnish any maintenance or support services for Teamsmith.

Warranty

Evonet is solely responsible for any product warranties, whether express or implied by law, to the extent they have not effectively been disclaimed. If Teamsmith fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Teamsmith. Nothing in this section excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited.

Product claims

Evonet, and not Apple, is responsible for addressing any claims by you or a third party relating to Teamsmith or your possession and use of it, including product liability claims, any claim that Teamsmith fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.

Intellectual property claims

If a third party claims that Teamsmith or your possession and use of it infringes that third party's intellectual property rights, Evonet, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

Legal compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third party terms

You must comply with any applicable third party terms of agreement when using Teamsmith, including your wireless data service agreement.

Third party beneficiary

Apple and its subsidiaries are third party beneficiaries of these Terms. On your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary of them.

Questions and complaints

Questions, complaints or claims about Teamsmith should be directed to Evonet Pty Ltd, P.O. Box 956 Lane Cove NSW Australia 2066, or by email to [email protected].

6. Acceptable Use

You agree not to:

Use the Service for any illegal or unauthorised purpose
Attempt to gain unauthorised access to any part of the Service
Interfere with or disrupt the Service or its infrastructure
Upload malicious code or content
Resell or sublicense the Service without our consent

7. Your Data

You retain ownership of all business data you enter into the Service, including client details, quotes, jobs, timesheets and invoices. You are responsible for the accuracy of that data and for ensuring you have the right to store personal information about your clients in the Service. We will handle your data as described in our Privacy Policy.

8. Third-Party Integrations

Teamsmith offers optional integrations with third-party services, such as Xero and MYOB for accounting and Stripe for online payments. When you connect an integration, you authorise us to exchange data with that service on your behalf. Your use of third-party services is governed by their own terms and privacy policies, and we are not responsible for their operation or availability.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using Teamsmith, you consent to the collection and use of your information as described in our Privacy Policy.

10. Intellectual Property

The Service and its original content, features, and functionality are owned by Evonet Pty Ltd and are protected by international copyright, trademark, and other intellectual property laws.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free. Teamsmith does not provide accounting, tax, legal or financial advice, and you are responsible for the quotes, invoices and records you produce using the Service.

12. Limitation of Liability

To the maximum extent permitted by law, Evonet Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of business, revenue or data. Nothing in these Terms excludes rights you may have under the Australian Consumer Law that cannot be excluded.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may close your account at any time by contacting us.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

16. Contact Us

If you have any questions about these Terms, please contact us at [email protected].