Terms of Use

1. What Fencify is

Fencify is software for Australian fencing contractors and related trade businesses. The platform may include CRM tools, lead tracking, quoting, proposal links, project records, scheduling, file storage, job notes, materials and labour inputs, cost tracking, invoicing, payment records, team access, reporting, integrations, and related business workflow features.

Fencify is a business software tool. It does not replace your professional judgement, licensing obligations, contract administration, bookkeeping, tax advice, legal advice, safety obligations, site inspections, engineering advice, building compliance, or customer communication responsibilities.

2. Account registration and authority

You must provide accurate account, business, billing, and contact information and keep it up to date. You are responsible for all activity under your account, including activity by employees, subcontractors, invited users, administrators, or anyone else you authorise to access your workspace.

You must keep login credentials secure, use reasonable access controls, and notify us promptly if you suspect unauthorised access. You are responsible for assigning appropriate roles and permissions to your team members and for removing access when a person no longer requires it.

You must not create an account using false details, impersonate another person or business, interfere with another user's account, or attempt to access any account, workspace, public proposal, project, file, integration, or system area that you are not authorised to access.

3. Your data remains yours

As between you and Fencify, you retain ownership of the business data, customer details, leads, quotes, proposal content, project records, files, notes, photos, pricing, invoices, payment records, team data, and other content you or your authorised users enter, upload, import, generate, or store in Fencify, referred to as "Customer Data".

You grant Fencify a limited, non-exclusive, worldwide licence to host, store, back up, transmit, display, process, reproduce, and otherwise use Customer Data only to the extent reasonably necessary to operate the platform, provide requested features, support your account, maintain security and reliability, process billing, perform technical administration, comply with legal obligations, and improve the service in a way that does not identify your customers or disclose your confidential business information except as allowed by these terms.

You are responsible for the accuracy, legality, quality, and completeness of Customer Data. You must ensure you have all rights, permissions, consents, notices, and lawful bases needed to upload, store, disclose, send, or otherwise process Customer Data through Fencify.

4. Privacy and customer information

When you use Fencify to handle information about homeowners, builders, strata managers, suppliers, employees, subcontractors, site contacts, or other individuals, you are responsible for your own compliance with privacy, consumer, spam, employment, workplace, recordkeeping, and trade laws that apply to your business.

To the extent the Privacy Act 1988 (Cth), Australian Privacy Principles, Spam Act 2003 (Cth), Australian Consumer Law, or any other Australian law applies to your use of Fencify, you must comply with those obligations. This includes giving appropriate privacy notices, collecting only information you are entitled to collect, keeping information accurate where required, honouring valid access or correction requests, and using customer contact details lawfully.

Our privacy practices are also described in our Privacy Policy. If there is an inconsistency between these terms and the Privacy Policy about how we handle personal information, the Privacy Policy applies to that issue to the extent required by law.

5. Acceptable use

You must use Fencify only for lawful business purposes and in a way that does not harm the platform, other users, customers, third-party systems, or Fencify's reputation.

You must not:

• use Fencify for unlawful, misleading, deceptive, fraudulent, abusive, harassing, defamatory, or discriminatory conduct;
• upload malicious code, attempt to bypass security, probe systems without permission, scrape the platform, overload infrastructure, or interfere with service operation;
• copy, modify, reverse engineer, decompile, resell, sublicense, or commercially exploit Fencify except as expressly allowed by these terms;
• use Fencify to send spam or unsolicited commercial electronic messages contrary to Australian law;
• upload content that infringes intellectual property, privacy, confidentiality, publicity, or contractual rights;
• store highly sensitive information unless it is reasonably necessary for your lawful business use and you have appropriate authority to do so;
• misrepresent a quote, proposal, invoice, payment status, contractor licence, insurance status, certification, compliance position, or job outcome; or
• use Fencify to build a competing product, benchmark the platform for competitive purposes, or enable a third party to do so without our written permission.

We may investigate suspected misuse and may suspend or restrict access where reasonably necessary to protect Fencify, users, customers, third parties, data security, billing integrity, or legal compliance.

6. Quotes, proposals, invoices, and business outputs

Fencify may help you prepare quotes, estimates, proposals, variation records, invoices, schedules, job notes, forms, reports, and other business outputs. You are responsible for checking every output before relying on it or sending it to a customer, supplier, subcontractor, employee, accountant, insurer, regulator, court, tribunal, or other third party.

You are responsible for your own pricing, labour rates, material costs, margins, GST treatment, payment terms, deposits, progress claims, site measurements, scope descriptions, assumptions, exclusions, warranties, statutory notices, licences, permits, insurance, safe work requirements, building compliance, strata or council requirements, and customer contract terms.

Fencify does not guarantee that any quote, cost estimate, invoice, proposal, acceptance flow, GST calculation, margin calculation, payment schedule, integration sync, or business report is accurate, complete, suitable for a particular job, compliant with law, accepted by a customer, or appropriate for your business circumstances.

7. Subscriptions, billing, and payment

Access to some or all Fencify features may require a paid subscription. Subscription details, pricing, included features, limits, billing frequency, taxes, trial periods, and renewal terms are shown in the product, checkout, invoice, plan page, or other purchase flow at the time you subscribe.

Unless stated otherwise, subscription fees are billed in advance and renew automatically until cancelled. You authorise Fencify and its payment processors to charge the payment method you provide for subscription fees, plan upgrades, add-ons, applicable taxes, and any other amounts you agree to pay.

You must keep payment details current. If payment fails, we may retry payment, request updated details, restrict paid features, suspend access, or cancel the subscription. You remain responsible for unpaid fees incurred before cancellation or suspension.

Fees are non-refundable except where required by law or where we expressly agree otherwise. If you cancel, your subscription will usually remain active until the end of the paid billing period unless the product or checkout states otherwise.

We may change prices or plan inclusions by giving reasonable notice. Price changes will not affect a paid period already charged, but may apply from the next renewal or when you change plan.

8. Trials, beta features, and changes to the service

We may offer trials, early access, beta features, preview features, experimental tools, or limited-release functionality. These may be modified, withdrawn, limited, or discontinued at any time. They may be less reliable than generally available features and may not be suitable for critical business use.

We may update, improve, remove, replace, rename, limit, suspend, or discontinue features as the platform evolves. We will use reasonable care to avoid unnecessary disruption, but we do not guarantee that any specific feature, layout, workflow, integration, or report will remain available indefinitely.

9. Integrations and third-party services

Fencify may connect with third-party services such as payment processors, accounting platforms, email providers, mapping tools, storage providers, analytics tools, communication services, or other integrations. Third-party services are operated by their respective providers and may be subject to separate terms, fees, limits, privacy practices, availability, and support arrangements.

You are responsible for authorising integrations, maintaining third-party accounts, checking synced data, and deciding whether an integration is suitable for your business. We are not responsible for third-party service outages, data errors, delayed syncs, changes to third-party APIs, third-party fees, third-party security incidents, or decisions made by third-party providers.

If you disconnect an integration, change permissions, cancel a third-party account, or revoke access, affected Fencify features may stop working or may retain historical records already stored in Fencify unless deleted in accordance with your account settings and applicable law.

10. Security, availability, and backups

We take reasonable measures to protect the platform and maintain service reliability. However, no software, internet transmission, hosting environment, integration, authentication system, or storage system can be guaranteed to be error-free, uninterrupted, or completely secure.

Fencify may be unavailable due to planned maintenance, urgent security work, outages, third-party service failures, hosting issues, network problems, software bugs, force majeure events, or causes outside our reasonable control. We are not liable for loss caused by temporary unavailability where we have used reasonable care.

You should keep your own copies of important business records, customer contracts, invoices, tax records, site photos, safety documents, and any other information you are legally or commercially required to retain. Fencify is not a substitute for your own business continuity, accounting, legal, or recordkeeping systems.

11. Data export, retention, and account closure

During an active subscription, you may be able to export or copy certain Customer Data using available product features. You are responsible for exporting any information you need before cancelling, closing, or losing access to an account.

After cancellation, expiry, suspension, or termination, we may retain Customer Data for a reasonable period to allow account reactivation, legal compliance, audit, dispute management, security, backup rotation, billing, and operational administration. We may delete or de-identify Customer Data after that period unless we are required or permitted to retain it by law.

We may preserve records where reasonably necessary for legal claims, fraud prevention, tax, accounting, security investigations, enforcement of these terms, or compliance with law.

12. Intellectual property

Fencify, including its software, interface, design, workflows, code, databases, templates, documentation, trademarks, logos, trade dress, and other platform materials, is owned by or licensed to Fencify and is protected by intellectual property laws. Except for the limited right to use the platform under these terms, no rights are transferred to you.

You must not remove proprietary notices, copy substantial parts of the platform, reproduce the interface for a competing product, or use Fencify branding in a way that suggests endorsement, partnership, or ownership without our written permission.

If you provide feedback, suggestions, ideas, requests, or comments about Fencify, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback to improve, develop, market, and operate Fencify without owing you compensation or attribution.

13. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business information, product information, technical information, pricing, customer information, project information, security information, and information that a reasonable person would treat as confidential.

Each party must use reasonable care to protect the other party's confidential information and must only use it for purposes connected with these terms and the use or provision of Fencify. This obligation does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or required to be disclosed by law.

14. Australian Consumer Law and non-excludable rights

Nothing in these terms excludes, restricts, or modifies any right, guarantee, warranty, remedy, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.

Where Fencify is permitted to limit liability for a breach of a non-excludable guarantee in relation to services, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

All disclaimers and limitations in these terms apply only to the maximum extent permitted by law.

15. Disclaimers

To the maximum extent permitted by law, Fencify is provided on an "as is" and "as available" basis. We do not guarantee that the platform will be uninterrupted, error-free, secure, compatible with every device or browser, free of data loss, suitable for every fencing business, compliant with every contract requirement, or capable of achieving any particular commercial outcome.

We do not provide legal, tax, accounting, engineering, building, safety, insurance, financial, employment, or compliance advice. Any templates, default settings, labels, reports, calculations, examples, automations, or workflows are general software features only and must be reviewed by you before use.

16. Limitation of liability

To the maximum extent permitted by law, Fencify is not liable for indirect, consequential, special, exemplary, punitive, or economic loss, loss of profit, loss of revenue, loss of goodwill, loss of opportunity, loss of anticipated savings, loss of contract, business interruption, loss or corruption of data, cost of substitute services, or claims by your customers, suppliers, employees, subcontractors, or other third parties.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with Fencify, these terms, or your use of the platform is limited to the amount you paid to Fencify for the service in the three months immediately before the event giving rise to the claim.

The limitations in this section do not apply to liability that cannot be limited by law.

17. Indemnity

You indemnify Fencify and its officers, employees, contractors, agents, and service providers against claims, losses, liabilities, damages, costs, and expenses arising from or connected with:

• your breach of these terms;
• your Customer Data, quotes, proposals, invoices, communications, files, or business outputs;
• your use of Fencify in breach of law or third-party rights;
• your relationship, dispute, contract, payment issue, or job outcome with a customer, supplier, employee, subcontractor, builder, strata manager, insurer, accountant, regulator, or other third party;
• your tax, GST, licensing, safety, employment, building, privacy, consumer, recordkeeping, or contractor compliance obligations; or
• activity by your authorised users or anyone who accesses Fencify through your account.

This indemnity does not require you to indemnify us for loss caused by our fraud, wilful misconduct, or liability that cannot be excluded by law.

18. Suspension and termination

You may stop using Fencify at any time and may cancel your subscription through the available account, billing, or support process. Cancellation does not affect fees already incurred or legal rights that arose before cancellation.

We may suspend or terminate access immediately if you materially breach these terms, fail to pay amounts due, create security or legal risk, misuse the platform, infringe rights, provide false information, become insolvent, or use Fencify in a way that may harm Fencify, users, customers, third parties, or platform operation.

On termination, your right to access and use Fencify ends. Sections intended to survive termination continue to apply, including sections about Customer Data, payment, intellectual property, confidentiality, disclaimers, liability, indemnity, governing law, and interpretation.

19. Changes to these terms

We may update these terms from time to time. If a change is material, we will take reasonable steps to notify users, such as by posting the updated terms, updating the date above, sending an account notice, or displaying an in-product notice.

Your continued use of Fencify after updated terms take effect means you accept the updated terms. If you do not agree, you must stop using Fencify and cancel your subscription before the updated terms apply to you.

20. Notices and contact

We may give notices by email, in-product message, account notification, billing notice, or by posting information on the Fencify website. You are responsible for keeping account contact details current.

For legal, account, or terms questions, contact Fencify at hey@fencify.com.au.

21. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia and applicable Commonwealth laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

Before starting formal proceedings, each party must use reasonable efforts to resolve any dispute in good faith, unless urgent relief is required or the dispute relates to non-payment, misuse, security, intellectual property, confidentiality, or unlawful conduct.

22. General

If any part of these terms is invalid, unenforceable, or illegal, it is severed to the extent necessary and the rest of the terms continue in force. A failure or delay in enforcing a right is not a waiver. You must not assign or transfer your rights or obligations without our written consent. We may assign or transfer our rights and obligations as part of a restructure, merger, acquisition, sale of assets, or transfer of the Fencify business.

These terms, together with any plan terms, checkout terms, privacy policy, product notices, and other terms expressly incorporated by reference, form the agreement between you and Fencify about your use of the platform.