Terms of Service

These Terms of Service ("Terms") govern your access to and use of the WreckLog mobile application and web application at app.wrecklog.com.au (together, "the Service"), operated by NovaSmic Pty Ltd ("we", "us", or "our"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms should be read together with our Privacy Policy, which forms part of these Terms.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business, you confirm you are authorised to bind that business to these Terms, and "you" includes that business.

2. Your Account

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You agree to provide accurate information and to keep it up to date.
• Notify us promptly at wrecklog.app@gmail.com if you believe your account has been accessed without authorisation.

You may use the Service without an account in a limited, local-only capacity on the mobile app; some features (including web access and cloud sync) require an account.

3. Plans and Free Tier

The Service offers a free tier and several paid subscription tiers. The free tier includes limited usage (currently one vehicle and five parts per vehicle). Paid tiers unlock higher limits and additional features as described on our pricing page. We may change the features or limits of any tier from time to time; where a change is material and adverse to a paid subscriber, we will give reasonable advance notice.

4. Subscriptions, Billing and Renewal

• In-app purchases: subscriptions purchased through the Apple App Store or Google Play are billed by Apple or Google and are governed by their terms. We do not receive or store your payment card details for these purchases.
• Web purchases: subscriptions purchased on the web are processed by our payment provider, Stripe. By subscribing, you authorise us (via Stripe) to charge the applicable fees to your nominated payment method.

Subscriptions renew automatically at the end of each billing period (monthly or yearly, as selected) at the then-current price, unless cancelled before the renewal date. All prices are in Australian dollars (AUD) and, unless stated otherwise, are inclusive of GST where applicable.

We may change subscription prices. Price changes will not affect the current paid period; we will give you reasonable notice before a change takes effect, and continued use after that constitutes acceptance of the new price.

5. Cancellation and Refunds

• You may cancel your subscription at any time. Cancellation stops future renewals; you retain access to paid features until the end of the current paid period.
• Subscriptions purchased through Apple or Google must be cancelled and any refunds requested through your App Store or Google Play account, subject to their policies.
• For web (Stripe) subscriptions, except where a refund is required by law, fees already paid are non-refundable and we do not provide refunds or credits for partial periods or unused features.

Nothing in this section limits any rights you have under the Australian Consumer Law (see section 11).

6. Acceptable Use

You agree to use the Service only for lawful purposes in connection with operating a vehicle dismantling, wrecking, or parts-trading business or personal recordkeeping. You must not:

• Use the Service to record, list, or sell stolen, fraudulently obtained, or otherwise illegal vehicles or parts;
• List or sell parts in breach of any applicable law, safety standard, or third-party marketplace rules;
• Misrepresent the condition, origin, or compliance of any vehicle or part;
• Attempt to gain unauthorised access to the Service, other users' data, or our systems;
• Interfere with or disrupt the integrity or performance of the Service.

You are solely responsible for the accuracy and legality of the listings and information you create, and for complying with all laws applicable to your business.

7. Third-Party Integrations

The Service lets you connect to and list on third-party platforms such as eBay and online marketplaces. Your use of those platforms is governed by their own terms and policies. You are responsible for maintaining your own accounts with them and for complying with their rules. We are not responsible for the availability, content, fees, or actions of any third-party platform, and a third party may change or discontinue its services or APIs at any time.

8. Your Content and Data

You retain all rights to the data you enter into the Service (your vehicles, parts, photos, listings, and records). You grant us a limited licence to host, store, process, transmit, and display your data solely to operate and provide the Service to you, including syncing it across your devices and serving your public shop page if you choose to enable one.

You are responsible for keeping your own independent backups of your data. The Service provides a data export feature covering your vehicle and parts records. Photos you upload are stored in your cloud account and are not included in these exports. We strongly recommend you export and retain your own copies of your records regularly, and separately keep your own copies of any photos that are important to you. While we take reasonable steps to protect and back up data (see our Privacy Policy), no system is immune to loss or corruption, and you should not rely on the Service as your sole or primary record.

To the maximum extent permitted by law — and subject to your rights under the Australian Consumer Law set out in section 11 — we are not liable for any loss, corruption, or temporary unavailability of your data, and our responsibility in relation to data is limited as described in section 11.

9. Intellectual Property

The Service, including its software, design, branding, and the "WreckLog" name and logo, is owned by NovaSmic Pty Ltd and protected by intellectual property laws. These Terms do not grant you any right to use our branding except as necessary to use the Service. We may use anonymous, aggregated data to operate and improve the Service.

10. Availability and Changes to the Service

We aim to keep the Service available and reliable, but it is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features at any time. We are not liable for any loss arising from temporary unavailability or maintenance.

11. Australian Consumer Law and Liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the ACL or other law that cannot be lawfully excluded.

To the maximum extent permitted by law, and subject to the non-excludable rights above:

• We exclude all implied warranties and conditions;
• We are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or business; and
• Where our liability cannot be excluded but can be limited, our total liability to you is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied, or to the amount you paid us for the Service in the 12 months before the claim arose.

12. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; sections that by their nature should survive (including content licences, intellectual property, liability, and governing law) will continue to apply. You can request deletion of your account data as described in our Privacy Policy.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above. If a change is material, we will take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Australia and the courts competent to hear appeals from them.

15. Contact

If you have any questions about these Terms, please contact:

• NovaSmic Pty Ltd
• Email: wrecklog.app@gmail.com