Auto Care Software

SUBSCRIPTION AGREEMENT

Auto Care Software Subscription Agreement
Terms and Conditions

Version: May 2025

By commencing or continuing your subscription to Auto Care Software, you agree to be bound by the following Terms and Conditions. If you do not agree to these terms, you must not proceed with the subscription.

1. Software Licence and End User Entitlement

By subscribing, you are granted a licence to use Auto Care Software on the number of computers specified in your subscription. The subscription fee includes access to software updates (if available), with phone and email-based technical support. A temporary registration code will be issued, and provided the subscription remains current, annual unlock codes will be provided every 12 months.

2. Cloud Service Access and Data Management

2.1 Access

Where applicable, access to Auto Care Software is provided via the internet. You are responsible for maintaining a reliable internet connection. We are not liable for disruptions caused by external internet providers.

2.2 Service Availability

We aim to provide 99.9% uptime, excluding scheduled maintenance or circumstances beyond our control.

2.3 Data Security and Privacy

We implement industry-standard encryption and security measures. You are responsible for complying with applicable data protection laws.

2.4 Backups and Data Recovery

We conduct regular backups and will make reasonable efforts to restore data in the event of loss. However, you are strongly encouraged to maintain local backups of critical information.

2.5 Data Ownership and Retrieval

You retain full ownership of your data. Upon termination, we will provide a copy of your data in .bacpac format within 15 days of your request. After this period, your data will be securely deleted.

3. Termination of Cloud Services

Upon termination of your subscription, access to the cloud platform will be revoked. Data will be retained for 15 days to allow retrieval, after which it will be securely deleted.

4. Subscription Fees and Payments

Subscriptions are ongoing and payable monthly in advance. Subscription fees may be adjusted with 15 days’ written notice. Such fee adjustments will be applied under the existing direct debit authority; no new direct debit form is required. Failure to pay may result in suspension or termination of service.

5. Updates and Support

Software updates are available via download. Support covers issues directly related to our software. Support for third-party software, hardware, or training is not included.

6. Additional Products and Services

Additional services may be added to your subscription. Fee changes resulting from these additions will be communicated in writing at least 15 days in advance. Your existing direct debit authority will cover these changes without the need for a new direct debit form.

7. Limitation of Liability

7.1 General Limitation

To the extent permitted by law, our liability is limited to the total subscription fees paid in the previous 12 months. We are not liable for indirect, incidental, or consequential damages, including but not limited to cybersecurity incidents or attacks, or downtime caused by third-party providers (e.g. Microsoft Azure).

7.2 Force Majeure

Neither party is liable for delays or failure to perform due to causes beyond reasonable control, including natural disasters, cyberattacks, or infrastructure failures.

7.3 Cybersecurity Responsibility

We apply standard security measures, but you are responsible for local security practices including password protection and user access control.

7.4 Azure Cloud Disclaimer

Auto Care Software is hosted on Microsoft Azure. We are not responsible for Azure outages or security breaches.

7.5 Backup Responsibility

While we back up data regularly, you are responsible for maintaining your own local copies of important data.

8. Confidentiality

Both parties agree to keep confidential any sensitive information disclosed during the course of this agreement. These obligations will survive termination of the agreement.

9. Data Protection and Privacy

We comply with the Australian Privacy Principles. Your data will not be shared without your consent, unless required by law. For more information, refer to our full Privacy Policy.

10. Software Licence Restrictions

You may not reverse-engineer, decompile, or otherwise attempt to derive the source code of the software. Sharing login credentials or using the software for illegal purposes is strictly prohibited.

11. Intellectual Property and Copyright

The software and all related materials are the intellectual property of Auto Care Software. All rights not expressly granted are reserved. Reproduction or distribution without written permission is prohibited.

12. Disclaimer

The software and accompanying documentation are provided “as is” without warranty of defect-free operation or fitness for any particular purpose.

13. Refund Policy

All subscription fees are non-refundable. Early termination does not entitle you to any refund of prepaid fees unless otherwise required by law.

14. Termination

Either party may terminate this agreement with 30 days’ written notice. Access to the software and cloud platform will be revoked after termination. Any outstanding fees remain payable.

15. Entire Agreement

This document constitutes the full agreement between the parties and supersedes any prior agreements or understandings.

Need Help?

For questions or support, please contact your support consultant or email support@autocaresoftware.com.au.

 

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