Terms of Service

1. Definitions

Platform

the Lintelo software-as-a-service application, comprising the office portal, the crew application, the hosted API and related services, made available at lintelo.com.au and its subdomains.

Subscriber Data

all data and content you or your Authorised Users submit to or generate in the Platform — including dockets, pre-starts, machine, job and client records, quotes, timesheets, photos, signatures, location data and account details.

Authorised User

an individual you permit to access the Platform under your account — for example an office administrator or a crew member.

Subscription

a paid plan (tier and billing period) that entitles you to use the Platform.

Fees

the subscription and other charges payable for the Platform, as set out on our pricing page.

ACL

the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. The platform and your right to use it

Lintelo is a hosted, multi-tenant platform for construction and plant-hire businesses: daily dockets, pre-start checks, crew sign-on, fleet and compliance records, quoting, pay-run tools and related office functions, delivered through a web portal and a crew application.

Subject to these Terms and your payment of applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform for your internal business purposes during your Subscription. Each Subscriber’s data is held in its own isolated database, separate from every other Subscriber.

3. Accounts, eligibility and security

To use the Platform you must register an account and provide accurate, current and complete information, and keep it up to date. You must be a business (or acting on behalf of one) and capable of forming a binding contract.

You are responsible for all activity under your account, for maintaining the confidentiality of login credentials, and for ensuring your Authorised Users comply with these Terms. Notify us promptly at support@lintelo.com.au if you suspect any unauthorised access.

4. Free trial

New accounts start on a 14-day free trial with no payment card required. At the end of the trial, the account must move to a paid Subscription to continue using the Platform. If no Subscription is started, access may be limited or suspended until one is, and an unconverted trial account and its data may be deleted in accordance with clause 17. We may modify or discontinue trials at any time.

5. Subscriptions, fees and billing

Paid access is offered on the Subscription tiers described on our pricing page. Fees are quoted and charged in Australian dollars (AUD) and are processed by our payments provider, Stripe (see the Subprocessors page). By starting a paid Subscription, you authorise us and Stripe to charge the applicable Fees to your nominated payment method.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current rate for your tier, until cancelled.
• Cancellation. You may cancel at any time through the billing screen in your portal or the Stripe customer portal. Cancellation stops the next renewal; access continues until the end of the period already paid for.
• No pro-rata refunds. Except where required by law (including the ACL), Fees already paid for a current period are not refundable on cancellation or downgrade.
• Plan changes. If you upgrade, the change (and any adjustment) applies immediately; downgrades take effect at your next renewal and may reduce available features or user limits.
• Price changes. We may change Subscription pricing on at least 30 days’ notice before it takes effect at your next renewal. Continuing after that date is acceptance of the new pricing.
• Taxes. Unless stated otherwise, Fees are exclusive of GST; any applicable GST is added and shown at checkout.
• Failed and overdue payments. If a payment fails we may retry it and, after a grace period, suspend access until the account is brought up to date.

6. Acceptable use

Your use of the Platform is subject to our Acceptable Use Policy, which forms part of these Terms. In particular, you must not attempt to access another Subscriber’s data or to defeat the tenant isolation that keeps each Subscriber’s records separate.

7. Subscriber Data, ownership and your responsibilities

You own your data. As between you and us, all Subscriber Data remains your property (or that of the person it belongs to). We claim no ownership of it. You grant us a limited licence to host, process, transmit and display Subscriber Data solely to provide, secure, support and improve the Platform, and as otherwise permitted in these Terms and our Privacy Policy.

Where Subscriber Data includes personal information about your crew members or clients, you direct us to process it on your behalf, and we act largely as a processor under your instructions. You are responsible for: collecting and handling that information lawfully; having the authority and any necessary notices or consents to enter it into the Platform; and the accuracy of the data you submit. Our handling of personal information is described in the Privacy Policy.

8. Intellectual property

The Platform, and all software, design, text, graphics and other materials we provide (excluding Subscriber Data), are owned by us or our licensors and are protected by intellectual-property laws. Except for the rights expressly granted in these Terms, we reserve all right, title and interest in the Platform. You must not remove or obscure any proprietary notices.

9. Feedback

If you give us suggestions, ideas or feedback about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use it to develop and improve our products and services, without obligation to you.

10. Third-party integrations

The Platform can connect to third-party services you choose to use, such as Xero (accounting) and Stripe (payments). Those services are provided by their operators under their own terms and privacy policies, and we are not responsible for them. If you enable an integration, you authorise the exchange of data reasonably needed to make it work, and your use of that service is between you and its operator.

11. Availability, maintenance and changes to the platform

We work to keep the Platform available and reliable, but we do not warrant that it will be uninterrupted, error-free, secure or available at any particular time. Access may be affected by maintenance, updates, third-party infrastructure, or events outside our control. We may modify, add to, or discontinue features from time to time.

The crew application is designed to keep working offline and to sync when a connection returns; however, we do not guarantee against loss of data that has not yet synced from a device that is lost, damaged, reset or replaced before syncing. You are responsible for maintaining current copies of critical data using the export and backup tools.

12. Consumer guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the ACL or any other law that cannot lawfully be excluded (“Non-excludable Guarantees”). Subject to those guarantees, and to the maximum extent permitted by law, the Platform is provided “as is” and “as available” and we exclude all other warranties, whether express or implied.

13. Limitation of liability

Where the Platform is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by law, our liability for failure to comply with a Non-excludable Guarantee is limited, at our option, to re-supplying the Platform or paying the cost of having it re-supplied.

Subject to the Non-excludable Guarantees, and to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business, anticipated savings, goodwill or data, however arising; and
• our total aggregate liability arising out of or in connection with the Platform or these Terms is limited to the Fees you paid to us for the Platform in the 12 months immediately before the event giving rise to the liability.

14. Indemnity

You indemnify us against liabilities, losses and reasonable costs we suffer arising from your breach of these Terms or the Acceptable Use Policy, your Subscriber Data, or your unlawful use of the Platform, except to the extent caused by our own breach or negligence.

15. Confidentiality

Each party may receive confidential information of the other. Each party must keep the other’s confidential information confidential, use it only to perform these Terms, and protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

16. Suspension and termination

We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use Policy), if your account is overdue, or where reasonably necessary to comply with law or to protect the Platform, other Subscribers, or any person. Where practicable, we will give notice and an opportunity to remedy the issue. You may terminate at any time by cancelling your Subscription and closing your account.

17. Effect of termination; data export and deletion

On termination, your right to access the Platform ends. While your account is active, and for a limited window after termination, you can export Subscriber Data using the portal’s backup and reporting tools. After termination, or the end of a trial that is not converted, we retain your tenant database for a limited window (by default 30 days) so the account can be reactivated or the data exported, after which the tenant database is archived and then deleted, except where we are required to retain certain records by law. You may ask us to delete your data sooner by emailing privacy@lintelo.com.au.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above and, for material changes, take reasonable steps to notify account owners (for example by email or an in-app notice). Continuing to use the Platform after a change takes effect is acceptance of the updated Terms. The version you accepted at signup is recorded against your account.

19. Notices

We may give notices to you by email to your account’s registered address or through the Platform. You may give notices to us at legal@lintelo.com.au. Notices are taken to be received when sent, unless the sender knows the message was not delivered.

20. General

• Assignment. You may not assign or transfer these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Subcontracting. We may use subcontractors and subprocessors (see the Subprocessors page) to provide the Platform; we remain responsible for their performance of our obligations.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Waiver and severability. A failure to enforce a right is not a waiver of it. If any provision is held invalid, the rest continue in force.
• Relationship. The parties are independent contractors; these Terms create no partnership, agency or employment relationship.
• Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy and any order or pricing you accept, are the entire agreement between the parties about the Platform and supersede all prior discussions. If there is a conflict, these Terms prevail unless a signed order says otherwise.

21. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the Commonwealth of Australia, and the courts competent to hear appeals from them.

22. How to contact us

Questions about these Terms: legal@lintelo.com.au.
Lintelo Pty Ltd  ·  ABN 17 700 284 537  ·  6/8 Nevilles Street, Underwood QLD 4119, Australia.