Terms of Use

1. About these terms

These terms are an agreement between you and Aditya Jamalpur (ABN 85 316 526 871), the operator of Tradietool (we, us). "You" means the business that uses Tradietool and the person who signs up for it. If you sign up for a business, you confirm you're allowed to accept these terms for that business.

You accept these terms by ticking the box when you sign up, or when the app asks you.

Our Privacy Policy explains how we handle personal information, and it forms part of these terms. Nothing in these terms reduces what the Privacy Policy or our privacy notices promise.

2. The free beta

• Tradietool is in a free beta, planned to run for about 3 months, and we approve every new account by hand.
• Features may change, be added or be removed, and there may be bugs.
• We don't promise the service will always be available or free of errors, and we make no service-level commitment. It may pause for maintenance or because of problems with our providers.
• Before the beta ends, we'll email you at least 30 days' notice and tell you what happens next, including whether paid plans will be offered and what they will cost.
• Ending the beta doesn't delete your data. If we plan to delete data after the beta, we'll tell you first and give you at least 30 days to download it.

3. Who can use Tradietool

• You must be 18 or over.
• You must use Tradietool for an Australian business, for example as a tradie, contractor or PCBU. It isn't for personal or household use.
• You must give us true and current details.

4. Your account and approval

• During the beta, we review every sign-up by hand. We may approve or decline an application. If we approve it, we'll email you. Either way, you'll see the outcome when you next sign in.
• Keep your password safe and don't share your login. You're responsible for what happens under your account, unless it's caused by our failure.
• If you think someone else has used your account, tell us straight away at tradietool.team@gmail.com.

5. Using Tradietool properly

You must not:

• use Tradietool for anything unlawful, or to make a SWMS for a business or job you aren't authorised to act for;
• give us other people's information without the right to;
• share sign-on, approval or acceptance links with anyone other than the people they're meant for (these links work like keys);
• present a SWMS as reviewed, approved or endorsed by Tradietool;
• try to get around our security, probe for weaknesses, overload the service, or access other businesses' data;
• scrape, copy, reverse engineer or resell Tradietool, or use it to build a competing product;
• upload anything harmful, such as malware, or anything offensive or that infringes someone else's rights.

6. AI-drafted SWMS: your WHS responsibility

Tradietool uses AI to help draft a SWMS from what you tell it. AI can be wrong, and it can miss things.

Every SWMS is a draft until the PCBU approves it. Before high-risk construction work starts, you and the PCBU or principal contractor relying on the SWMS must:

• check it against the actual site and job;
• consult the workers doing the work;
• fix anything that's wrong or missing;
• approve it; and
• review it again if the work or the controls change.

Every SWMS PDF carries a notice that it is AI-generated and must be reviewed. For example, our electrical SWMS says:

This SWMS was generated with AI assistance. The principal contractor or PCBU is responsible for verifying all site-specific conditions and worker consultation before work commences. Tradietool does not guarantee that this SWMS identifies every hazard or control measure. The PCBU must independently assess site conditions and seek professional WHS advice where necessary.

These terms say the same thing:

• Tradietool does not guarantee that a SWMS identifies every hazard or control measure, or that it meets every legal requirement for your job.
• A SWMS from Tradietool is not WHS or legal advice. Get professional WHS advice where you need it.
• Your WHS duties stay with you. WHS duties can't be transferred by contract, and nothing in these terms, or anything Tradietool produces, moves them to us.

We still have to provide the service with due care and skill (see section 13).

7. Your content

• What it is. "Your content" means what you put into Tradietool, such as voice notes, text, business details and people's details, plus the signatures collected through your SWMS and the SWMS we produce for you.
• Who owns it. As between you and us, you own your content. You can use, copy, change and share the SWMS we produce for you for any lawful purpose.
• What you let us do. You give us a non-exclusive licence to host, copy, process, send and display your content, including through the service providers named in our Privacy Policy (such as our AI provider). We may use it only to:
  • provide, support and secure Tradietool for you; and
  • fix problems and improve Tradietool as described in our Privacy Policy, for example using feedback and quality-check results.
• When the licence ends. It ends when your content is deleted, except for copies we keep as described in the Privacy Policy, such as our audit log.
• What we won't do. We don't sell your content or use it to train AI models.
• What we own. We own Tradietool itself: the software, templates, rules and design.
• Feedback. If you send us ideas or feedback, we can use them to improve Tradietool without owing you anything. Personal information in feedback is handled under our Privacy Policy.

8. Other people's information

A SWMS contains details about other people, such as workers, supervisors, first-aid officers, approvers and principal contractors. When you give us their details, you promise that:

• you're allowed to give them to us for your SWMS;
• you've told them, or will tell them as soon as practicable, that Tradietool will hold their details for your SWMS, what it's used for, that some of it is processed in the United States, and where to find our Privacy Policy;
• you'll include only what the SWMS needs, and won't include sensitive information (such as health information) unless the SWMS genuinely requires it;
• the email addresses you give for approvals and acceptances are correct and belong to the people who should get them.

You can tell them something like: "I use Tradietool to prepare our SWMS. Your name and details for this job will be stored in it and processed by Tradietool and its service providers, including in the United States. See tradietool.com.au/privacy."

You're responsible for who you send sign-on, approval and acceptance links to.

9. Price

• Tradietool is free during the beta.
• We may introduce paid plans later. We'll email you the prices at least 30 days before any charges could start.
• You'll be charged only if you actively choose a paid plan. If you don't, you can stop using Tradietool and download your SWMS, and you won't be charged.

10. Availability and your own records

• During the beta we don't promise any particular uptime, and we don't promise backups.
• Download and keep your own copies of your SWMS PDFs and signed records. WHS law requires a PCBU to keep a SWMS until the work is finished, and for at least 2 years after a notifiable incident. Don't rely on Tradietool as your only copy.

11. Changes to Tradietool and these terms

• We may change these terms. If a change could disadvantage you, we'll email you at least 30 days before it takes effect and explain what's changing.
• If you don't agree, you can download your SWMS and ask us to close your account before the change takes effect.
• If you keep using Tradietool after the change takes effect, the new terms apply.
• A change the law requires, or one needed urgently for security, may take effect sooner. We'll tell you as soon as we can.
• Minor changes that don't disadvantage you, such as fixing typos, take effect when we publish them.

12. Suspension and closing an account

You can stop using Tradietool at any time. To close your account, email tradietool.team@gmail.com.

We may suspend or close your account if:

• you seriously or repeatedly break these terms;
• your account creates a security risk or is being misused; or
• the law requires us to.

Where practicable, we'll tell you first, explain why, and give you a reasonable chance to fix the problem. If we have to act immediately, for example to stop a security risk or unlawful use, we'll tell you why as soon as we can.

We may end the beta for everyone with at least 30 days' email notice (see section 2).

What happens to your data. Closing an account doesn't delete your data automatically. Before we close your account, we'll give you a chance to download your SWMS PDFs, unless we have to act immediately. If you couldn't download them, ask us within 30 days and we'll send them to you. To have your data deleted, see section 11 of our Privacy Policy.

Sign-on, approval and acceptance links for your SWMS may keep working after your account is closed, until the SWMS is deleted. Ask us if you need a link switched off.

Sections 7, 13, 14, 15, 17 and 18 continue to apply after your account is closed.

13. Your rights under the Australian Consumer Law

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or any other law, that can't lawfully be excluded, restricted or changed. This includes the consumer guarantees that services will be supplied with due care and skill, will be fit for any purpose you've told us about, and will be supplied within a reasonable time.

14. Limits on our liability

These limits apply only as far as the law allows.

• Consumer guarantees. Where the law lets us, and where it is fair and reasonable, our liability for failing to meet a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.
• Indirect loss. We aren't liable for indirect or consequential loss.
• Your part. We aren't responsible for loss to the extent it's caused by wrong information you gave us, or by a SWMS being used without the checks and approval described in section 6.
• Cap. Otherwise, our total liability to you for all claims connected with the beta is limited to A$100. The cap doesn't apply to liability for our breach of our Privacy Policy or of confidentiality, or for death or personal injury caused by our negligence.
• Not limited. None of these limits apply to liability for fraud or dishonesty, or to anything the law doesn't let us limit.

15. Indemnity

This works both ways.

You will cover our costs and losses from a claim by someone else to the extent the claim comes from:

• content you gave us that you had no right to give, or that breaks the law; or
• your breach of section 8 (other people's information).

We will cover your costs and losses from a claim by someone else to the extent the claim comes from our breach of our Privacy Policy or of confidentiality.

Neither of us has to cover a claim to the extent the other caused it, through its own breach or negligence.

16. Notices and emails

• We'll send notices about these terms and your account to the email address on your account, so keep it up to date.
• Service emails can't be switched off while you have an account.
• We'll send marketing emails only with your consent, and each one will have an unsubscribe link.
• You can send notices to us at tradietool.team@gmail.com.

17. Problems and disputes

If you have a problem, contact us first at tradietool.team@gmail.com. We'll try in good faith to sort it out within 30 days. If we can't, either of us can take it further, including to a court, a tribunal, or the relevant consumer or fair trading agency. Nothing here stops you from going to a regulator at any time.

18. Governing law

These terms are governed by the laws of Queensland, Australia. Disputes can be heard by the courts of Queensland and by any court that hears appeals from them.

19. General

• If any part of these terms is invalid or unfair, it will be read down or removed, and the rest still applies.
• If we don't enforce a right straight away, we can still enforce it later.
• These terms and our Privacy Policy are the whole agreement between us about the beta.

20. Contact us

Aditya Jamalpur (ABN 85 316 526 871), operator of Tradietool

• Email: tradietool.team@gmail.com