Terms & Conditions

In these Terms and Conditions:

• "FencerApp", "we", "us", "our" refers to the sole trader operating FencerApp at fencerapp.com.au.
• "Service" means the FencerApp web application and website available at fencerapp.com.au, including all features, updates, and related tools.
• "You", "your", "User" refers to any person or business entity that registers for or uses the Service.
• "Subscription" means a paid plan giving you access to the Service on a monthly or annual billing cycle.
• "Content" means any data, text, images, or other material you upload, submit, or create within the Service.
• "Terms" means these Terms and Conditions, as updated from time to time.

By accessing or using the Service, you confirm that:

• You are at least 18 years of age.
• You have the legal capacity to enter into a binding agreement.
• If you are accepting on behalf of a business, you have authority to bind that business.
• You have read and agree to these Terms.

These Terms form a legally binding agreement between you and FencerApp. They are governed by the laws of Australia.

FencerApp is a cloud-based business management application designed for fence builders and related trade professionals operating in Australia. The Service provides tools to manage customers, create quotes, generate invoices, and related business administration functions.

We reserve the right to modify, add, or remove features from the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.

We may offer a free trial period for new users. During the free trial:

• No payment is required.
• Access is limited to the features and duration specified at sign-up.
• At the end of the trial, you must subscribe to continue using the Service. If you do not subscribe, your account will be downgraded or suspended.

We reserve the right to modify or cancel free trial offers at any time.

You agree to use the Service only for lawful business purposes. You must not:

• Use the Service to engage in any illegal activity or to violate any applicable Australian law or regulation.
• Upload, store, or transmit malicious code, viruses, or any harmful content.
• Attempt to gain unauthorised access to any part of the Service or its underlying systems.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or otherwise commercialise access to the Service without our prior written consent.
• Use the Service to harass, defame, or harm any person.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated scripts or bots to scrape or extract data from the Service.

We reserve the right to suspend or terminate your account if we reasonably believe you have breached this section.

All rights, title, and interest in and to the Service — including software, design, trademarks, logos, and documentation — are and remain the exclusive property of FencerApp. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as permitted under your Subscription.

The FencerApp name and logo are trademarks of FencerApp. You may not use our trademarks without prior written consent.

We aim to provide a reliable, high-availability service. However, we do not guarantee that the Service will be available 100% of the time. The Service may be temporarily unavailable due to maintenance, upgrades, or circumstances outside our control.

We will endeavour to provide advance notice of planned maintenance that may affect Service availability.

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

To the maximum extent permitted by applicable law, FencerApp's total liability to you for any claims arising out of or related to these Terms or the Service will not exceed the amount you paid to FencerApp in the three (3) months immediately preceding the event giving rise to the claim.

In no event will FencerApp be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies provided under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) that cannot lawfully be excluded, restricted, or modified.

If the Service is supplied as a "consumer" within the meaning of the Australian Consumer Law, you may have non-excludable rights including guarantees that the Service will be provided with due care and skill, and that it will be fit for any particular purpose we agreed to. Where our liability for breach of a non-excludable guarantee can be limited, we limit our liability to resupply of the Service or payment of the cost of having the Service resupplied.

You agree to indemnify, defend, and hold harmless FencerApp and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Content you submit to the Service that infringes any third-party rights.
• Your violation of any applicable law or regulation.

These Terms are governed by the laws of Australia. You agree that any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for at least 30 days.