Terms of Service

1. These terms

These Terms of Service (“Terms”) are a binding agreement between you and Pivot Digital Pty Ltd (“CaterCloud”, “we”, “us”), and govern your access to and use of the CaterCloud platform and related services (the “Service”). By creating an account or using the Service you agree to these Terms. If you use the Service on behalf of a business, you confirm you are authorised to bind that business.

2. The Service

CaterCloud is software that helps catering and events businesses manage enquiries, quotes, invoices, events, websites, messaging, staff scheduling, advertising and related workflows. We provide the tools; you decide how to use them in your business. We may add, change or remove features over time.

Some features are optional, gated, or made available for testing. Features described in our marketing that are not yet enabled for your account do not form part of the Service until made available to you.

3. Accounts and eligibility

You must be able to form a binding contract to use the Service. You agree to provide accurate account information and keep it current, to keep your login credentials secure, and to be responsible for all activity under your account — including that of team members, staff and other users you invite. Notify us promptly of any unauthorised use.

4. Subscriptions, fees and taxes

Paid plans are billed in advance on a recurring basis and renew automatically until cancelled. You authorise us (and our payment provider) to charge your payment method for the applicable fees and taxes. We may change pricing on reasonable notice, effective from your next billing period.

Except where required by law or expressly stated, fees are non-refundable and cancelling stops future renewals rather than refunding the current period. You are responsible for any taxes associated with your subscription other than taxes on our income. This section covers the subscription you pay us for the Service — it is separate from payments you take from your own customers (section 5).

5. Payments you process through the platform (we are not a party to them)

CaterCloud lets you take payments, deposits and invoice payments from your own customers using your own connected payment account (for example Stripe or Square). This is one of the most important things to understand about the Service:

• We are a technology provider, not a merchant of record, payment processor, money transmitter, or party to the transactions between you and your customers. Funds are processed by your payment provider and settle to your account — they do not pass through or get held by CaterCloud.
• You are solely responsible for what you sell, your prices, your terms, taxes (including GST), deposits, cancellations, refunds, chargebacks and disputes with your customers.
• Tax, surcharge, tip, pricing and award/wage figures the Service calculates are tools and estimates to assist you, not advice, and may not fit your circumstances — you are responsible for verifying them and for your own compliance.
• Your use of a payment provider is also subject to that provider’s own terms.
• Where a payment is for a booking that came to you through the CaterCloud marketplace, a marketplace fee applies to it however it is paid. Section 29 explains when, how much, and how it is charged.

6. Your content and data

You retain ownership of the data and content you and your users put into CaterCloud (“Your Content”). You grant us a worldwide, non-exclusive licence to host, store, process, transmit, display and adapt Your Content solely to provide, secure and improve the Service and as you direct (for example to send a message or publish a website).

As between us, you are the controller of the personal information you collect about your own customers, guests and staff, and we are your processor for that information; our handling of it is described in our Privacy Policy. You are responsible for having all rights, notices, consents and lawful bases needed for Your Content and for the personal information you upload — including sensitive information such as guests’ dietary or allergy details, staff records and emergency contacts.

7. Acceptable use

You agree not to, and not to allow anyone to:

• Use the Service unlawfully, or to store or send content that is illegal, infringing, defamatory, deceptive, or harmful.
• Send messages (email, SMS or otherwise) without the recipient’s required consent, or in breach of anti-spam or telemarketing laws (such as the Australian Spam Act or equivalents). You are the sender of, and responsible for, messages you send through the Service; we provide consent and opt-out tools but do not assume that responsibility.
• Publish content on CaterCloud-hosted websites that is unlawful, infringing, or breaches these Terms; you are responsible for that content and must have the rights to it.
• Attempt to breach security or access another tenant’s data, probe or scrape the Service, or interfere with its operation or integrity.
• Misuse AI features to generate unlawful, deceptive or infringing content, or to circumvent our safeguards.
• Resell, sublicense or provide the Service to third parties except as expressly permitted.

8. Suspension, content removal and takedowns

We may investigate suspected breaches and may remove or disable content, or suspend or limit access, where we reasonably believe it is necessary to comply with law, respond to a valid legal or takedown notice, protect the Service or other users, or address a breach of these Terms. Where practical and lawful we will give you notice. If you believe content hosted through the Service infringes your rights, contact us so we can respond.

9. AI-assisted features

The Service uses AI to help draft and analyse content. AI output is machine-generated, may be inaccurate or incomplete, and is provided as a suggestion for you to review — it is not professional advice (including legal, tax, financial, employment or dietary/health advice). You are responsible for reviewing and for any content you choose to use or send. We do not warrant the accuracy or suitability of AI output.

10. Estimates, projections, forecasts and calculated figures

This section is important, and it is the one most likely to affect what you decide to do in your business. Read it together with section 9 (AI-assisted features) and section 33 (Limitation of liability).

Throughout the Service, CaterCloud produces figures that are ESTIMATED, PROJECTED, FORECAST or otherwise CALCULATED rather than observed. Wherever practical the Service marks them as estimates and shows a confidence indicator or an explanation of how the figure was reached. Those figures include, without limitation:

• Sales, revenue and takings projections for an event, a trading day, a period or a business — including projections for gigs, markets and events that CaterCloud discovers from public sources, and any per-head, per-patron or attendance-based figure derived from them.
• Food, ingredient, recipe and menu-item cost estimates; portion, yield and quantity estimates; and the margin, profit, profitability, break-even and pricing figures derived from them.
• Demand, attendance, crowd-size, weather-adjusted and stock-requirement forecasts, and purchasing or par-level suggestions based on them.
• Wage, award, penalty-rate, on-cost, superannuation and labour-cost estimates, and rostering or staffing-level suggestions.
• Travel, distance, fuel, vehicle-running and logistics estimates.
• Payment-processing fee, surcharge, tax, GST and tip estimates.
• Benchmarks, comparisons, accuracy scores, confidence levels, “typical” figures, scores, grades, health indicators and any similar summary measure.
• Any other figure the Service presents as an estimate, projection, forecast, suggestion or benchmark, and any figure calculated from one.

11. How estimates are produced, and what they are not

These figures are produced by software — including statistical models, heuristics and AI — running over a mixture of sources. Those sources include data you and your team have entered or connected; your own trading and transaction history; and third-party, public and openly available information gathered from across the web, such as supplier and menu pricing, published event and venue information, comparable businesses, market and industry benchmarks, weather data, and mapping and location data. Some inputs are supplied by third parties we do not control, and some are assumptions the software has to make where a real input is missing.

That means an estimate can be wrong. Source data may be out of date, incomplete, mis-attributed, unrepresentative of your business, or simply incorrect; assumptions may not hold; models are approximations; and future outcomes are inherently uncertain. Actual results will differ from projected results, and the differences may be material. A confidence indicator, accuracy score or “typical” figure is itself an estimate about an estimate, and is not a guarantee of anything.

Accordingly, and to the maximum extent permitted by law: we make no representation, warranty or guarantee — express or implied — as to the accuracy, completeness, currency, reliability or suitability of any estimate, projection, forecast or calculated figure; no such figure is a quote, an offer, a valuation, a promise of any sale, revenue, cost, margin, profit, saving or outcome, or a commitment that any result will be achieved; and no such figure is professional advice of any kind, including financial, investment, accounting, tax, legal, employment, insurance, food-safety or dietary/health advice. If you need advice, get it from a qualified adviser who knows your circumstances.

YOUR ACKNOWLEDGEMENT AND NON-RELIANCE. You acknowledge that uncertainty is inherent in estimating and forecasting, that you are in a better position than we are to judge your own business, and that you take full responsibility for evaluating the adequacy and accuracy of every estimate, projection and forecast the Service gives you. Any decision you make is your decision, made on your own judgement and your own enquiries. Where a figure the Service produces disagrees with your own records, supplier invoices, contracts or observations, your own records govern — not ours. You should verify any figure that matters before you rely on it.

NO LIABILITY FOR RELIANCE. To the maximum extent permitted by law, we are not liable for any loss, cost, expense, damage, penalty or claim you or anyone else suffers arising out of or relating to reliance on an estimate, projection, forecast, benchmark or calculated figure produced by the Service, or on its absence, delay or unavailability. Without limiting that, this expressly includes:

• Under-quoting, over-quoting or otherwise mispricing a job, menu, package or event, and any lost profit, lost revenue, lost margin or unrecoverable cost that results.
• Accepting, declining, pursuing or abandoning a booking, gig, market, venue, customer or opportunity.
• Over-ordering or under-ordering stock or ingredients, and any spoilage, wastage, shortfall, emergency purchase, substitution or inability to serve that results.
• Over-staffing or under-staffing a job, and any wasted labour cost, overtime, penalty rate, understaffing failure or employment claim that results.
• Purchasing, leasing, hiring or committing capital to equipment, vehicles, premises, stock or staff.
• Any business, financial, tax, budgeting, pricing, marketing, advertising or expansion decision, and anything you tell a customer, lender, investor, insurer or regulator on the strength of one of our figures.
• Any difference between a projected figure and the figure actually achieved.

12. Scheduling, availability, pipeline and other operational information

The Service also holds and displays operational information you run your business from: calendars and event dates, availability and capacity, pipeline and quote stages, bookings and orders, run sheets and prep lists, staff rosters, shifts and callouts, tasks, reminders, stock and inventory levels, contact records, and messages. Some of it is entered by you or your team; some arrives from customers, staff or connected third parties such as calendar, payment, accounting and messaging providers.

We work hard to keep this accurate and timely, but to the maximum extent permitted by law we do not warrant that it is accurate, complete, current, correctly ordered or free from error, or that any sync, import, export, alert, reminder, notification, message or automation will run at all, run once only, or run on time. Information can be delayed, duplicated, missed, mis-ordered, overwritten or lost — through a defect in the Service, an outage or limit at a third-party provider, a connectivity or device problem, a permission or setting you or a third party controls, or something you or your team entered incorrectly.

You remain responsible for running your business. In particular, you should confirm the things that matter before you commit to them:

• Confirm you are actually available, and that you have the capacity, equipment, stock and staff, before you accept a booking — do not rely solely on what a CaterCloud calendar, availability view or booking widget shows.
• Check for clashes and double bookings yourself before confirming an event, a shift or a delivery.
• Confirm staff are rostered, notified and attending, and that customers, suppliers and venues have received what you sent, through a means other than the Service where the consequences of a failure are significant.
• Verify stock levels, allergen and dietary information, prices and quantities against your own records and suppliers before you commit to them or communicate them to a customer.
• Keep your own records and backups of anything you cannot afford to lose.

13. Availability, outages, data loss and operational failures

This section is about what happens when the Service, or something it depends on, does not work — and who carries the loss when it does not. Read it with sections 11 and 12, and with section 33 (Limitation of liability).

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE. It is provided on an “as available” basis. We aim to keep it running and to fix faults promptly, but we do not commit to any level of uptime, any response time, or any restoration time, and we do not offer a service-level agreement or service credits unless we have agreed one with you separately in writing. The Service may be unavailable, slow, partially broken, or broken for some features and not others — during planned maintenance, during emergency maintenance we carry out without notice, during an upgrade or migration, or because of a fault.

MUCH OF WHAT CAN FAIL IS NOT OURS. CaterCloud runs on infrastructure and services operated by other companies — hosting and database providers, email and SMS carriers, payment processors, calendar, accounting and telephony providers, AI providers, mapping and search services, and the networks between them (our current providers are listed in our Privacy Policy). An outage, degradation, rate limit, suspension, price change, policy change or discontinuation at any of them can stop a CaterCloud feature working, and we do not control any of it. The same is true of your own internet connection, device, browser, email provider, domain and DNS. We are not liable for a failure originating outside the Service, and connecting a third-party service is your decision under section 18.

DATA CAN BE LOST, AND WE DO NOT GUARANTEE THAT IT CAN BE RECOVERED. We take reasonable technical measures to protect the information in your account (section 10 of our Privacy Policy describes them). Those measures reduce risk; they do not eliminate it. Data in your account can be lost, corrupted, truncated, duplicated, overwritten or made permanently unrecoverable — by a defect in the Service, by a failure at a provider we rely on, by a migration or import, by an integration writing over it, by you or a member of your team deleting or editing it, by a credential being compromised, or by an event outside anyone’s control. Deleting something in CaterCloud is usually immediate and usually cannot be undone.

To the maximum extent permitted by law, we therefore make NO commitment as to recovery. We do not guarantee that any particular record can be restored, that a restoration will be complete, that it will return your account to any particular point in time, or that it will happen within any particular period. There is no recovery-point or recovery-time commitment in these Terms, and you should not assume one exists. Where we do attempt a recovery, we do so as a goodwill effort and not as a contractual obligation.

WHAT THIS MEANS YOU SHOULD DO. These are not suggestions to be polite about — they are the things that make an outage survivable for your business, and the reason this section is enforceable rather than merely one-sided:

• Keep your own independent records and backups of anything you cannot afford to lose — your bookings, contracts, quotes, invoices, payment records, customer contacts, staff records and anything you are legally or contractually required to retain. Do not let CaterCloud be the only copy.
• Export your data regularly, rather than only when you need it. An export you cannot run during an outage is not a backup.
• Have a fallback for the days that matter. Confirm an event, a delivery, a shift or a payment directly — by phone, in writing, or on paper — where a failure would be serious, and do not let a wedding or a large job depend on a system being up on the morning.
• Tell us promptly when something looks wrong. The sooner a fault is reported the more likely it is to be fixable, and a problem reported months later may be unrecoverable by then whatever we do.
• Keep your own account secure — credentials, access, connected integrations and who on your team can delete things. Much of what is unrecoverable is deleted by someone with permission to delete it.

14. We are not liable for outages, lost data or operational failures

To the maximum extent permitted by law, and without limiting sections 11, 12, 13 or 33, we are not liable for any loss, cost, expense, damage, penalty or claim arising out of or relating to: the Service being unavailable, delayed, degraded or not working as expected; any data being lost, corrupted, deleted, incomplete, out of date, duplicated or unrecoverable; any operational information described in section 12 being wrong, missing, late or out of sync; or any failure, outage, limit or change at a third party we or you rely on.

So that there is no doubt about what that covers, it expressly includes:

• A booking, enquiry, lead or opportunity that was lost, missed, never arrived, was not followed up, or could not be accepted — and the revenue and profit that would have come from it.
• An event, shift, delivery, prep task, run sheet or order that was missed, late, duplicated, double-booked, under-staffed, or could not be seen when you needed it — including because the Service was unavailable on the day.
• A quote, invoice, deposit, payment, refund or payment link that was not produced, not sent, not recorded, sent twice, or lapsed.
• A job that was over-staffed or under-staffed, and the wasted labour cost, overtime or understaffing failure that followed; and stock or ingredients over-ordered, under-ordered, spoiled, wasted or missing.
• A quote, hold, option or deposit that lapsed, and a booking you took that you could not fulfil — or turned away that you could have.
• A message, reminder, notification, automation, sequence or callout that did not send, sent late, sent twice, or reached the wrong person.
• Records you have to reconstruct, re-enter or re-obtain, and the time and cost of doing so — including engaging anyone to attempt a recovery.
• Data you needed for a tax, accounting, employment, insurance, food-safety or other legal obligation, and any penalty, interest or finding that follows from not having it.
• Loss of revenue, profit, margin, goodwill, reputation or business opportunity; and any refund, discount, penalty, liquidated-damages claim or claim by your customer, staff member, venue or supplier arising from any of the above.

15. Events outside our control

Neither of us is liable for a failure or delay in performing our obligations caused by something beyond our reasonable control — including a failure of the internet, telecommunications, electricity or a cloud provider; a cyber-attack, including a denial-of-service attack or ransomware; fire, flood, storm or natural disaster; epidemic or pandemic; war, terrorism or civil unrest; strike or industrial action; or an act, order or restriction of a government or regulator. Where such an event prevents us providing the Service, our obligations are suspended for as long as it continues, and we will take reasonable steps to resume as soon as we practically can.

Nothing in sections 13, 14 or 15 excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded, and section 32 continues to apply.

16. Staff and workforce tools

CaterCloud provides scheduling, availability, timesheet and wage/award-estimate tools. These are aids only. CaterCloud is not your employer, is not a payroll provider, and does not pay wages, withhold tax, or remit superannuation. Award and pay figures are estimates and may not reflect current law or your circumstances. You are the employer and are solely responsible for employment, payroll, tax, superannuation and workplace-health-and-safety compliance.

17. Advertising features

Where you connect an advertising account (such as Google Ads), you do so under that platform’s terms, and any ad spend is charged to your own advertising account — not to CaterCloud. AI-generated campaigns and suggestions are drafts you review and approve. We do not guarantee any advertising outcome, performance or return, and you are responsible for your ad content and for complying with the advertising platform’s policies.

18. Third-party services and integrations

The Service integrates with third-party services (for example Stripe, Square, Google, Xero and messaging providers). Those services are provided by the relevant third parties under their own terms and privacy policies, and we are not responsible for them. Your choice to connect and use them is your own.

19. Online ordering, storefronts and retail sales

CaterCloud can host an ordering page, a storefront or a booking funnel for your business, take orders through it, and receive orders from a store you have connected elsewhere. Section 5 applies to every payment taken through any of them: you are the seller and we are not a party to the sale.

You are responsible for what you list and for everything that follows from it — product and menu descriptions, photographs, prices, minimum spends, availability and cut-off times, delivery areas and fees, collection arrangements, substitutions, and your cancellation and refund policy. You are responsible for meeting the consumer-law obligations that apply where your customer is, including the information you must give before a sale and any cooling-off or cancellation rights.

Where orders reach CaterCloud from a service you have connected, we pass on what that service sends us. We do not verify it, and a failure, delay, duplication or misdescription at that service is not something we can correct.

20. Experiences, classes and ticketed sessions

Where you use CaterCloud to sell places at a class, tasting, workshop, pop-up or similar session, you are the organiser and supplier of that experience. We provide the listing, seat count and booking rails only.

You are responsible for running it safely and lawfully — capacity, supervision, premises, equipment, food handling, insurance, and any age, health, mobility or allergen restriction you apply — and for your own terms with the people who book, including what happens if a session is rescheduled, undersold or cancelled. We do not verify any claim in a listing, and a seat count in CaterCloud is not a guarantee that a place is available.

21. Recurring orders and customer subscriptions

CaterCloud can sell recurring orders and subscriptions to your customers, billed on a repeating cycle through your own connected payment account. The offer is yours, and section 5 applies to the payments exactly as it does to one-off sales.

Automatic renewal is closely regulated in several of the markets CaterCloud serves, and the rules differ between them. You are responsible for complying with the ones that apply to your customer — which typically govern how clearly you disclose the price, the cycle and the renewal before the customer signs up, what consent you must obtain, what reminders or acknowledgements you must send, and how easy you must make cancellation. CaterCloud gives you the mechanism, not the compliance: we do not determine what your offer says, and we do not check it against those rules.

22. Telephone answering and voice features

CaterCloud can answer your business phone with an automated assistant. When it does, a telephony provider converts what the caller says into text, the assistant replies in a synthetic voice, and we keep the resulting text conversation, the caller’s number and any enquiry details captured from it. CaterCloud does not record or store the audio of those calls. Separately, you and your customers can record and send voice messages inside CaterCloud conversations; those recordings are stored as files, because that is what a voice message is.

You are responsible for telling callers what they are speaking to and for obtaining any consent the law requires where you and your caller are located. Rules on monitoring, recording and transcribing a telephone call vary widely between countries and, in the United States, between states — some require every party to consent. CaterCloud cannot know where your caller is, and does not obtain consent on your behalf.

The assistant is an AI feature and section 9 applies to it in full. It can mishear a name, a number, a date or an address, and it can end a call without capturing an enquiry at all. It is not an emergency or after-hours safety line: do not use it, or let your customers rely on it, where a missed or misunderstood call would matter urgently. Check what it captured before you act on it.

23. Reviews, ratings and testimonials

CaterCloud can collect reviews from your customers and display them on your pages and listings, and gives you controls to approve, hide or remove individual reviews.

Those controls exist to let you deal with content that is abusive, fraudulent, off-topic or posted in error. Using them to suppress, delay or filter out genuine negative reviews — or publishing reviews that are fabricated, bought, written by you or your staff, or incentivised without disclosing the incentive — is prohibited under these Terms, and is separately unlawful under consumer-protection rules in several of the markets CaterCloud serves. You are responsible for how you use the controls and for the review content you choose to publish; we do not review that choice for you, and the fact that CaterCloud makes moderation possible is not permission to moderate that way.

24. Allergens, dietary information and food safety

CaterCloud stores and displays allergen, ingredient and dietary information, and in places derives it — for example by reading a recipe, a supplier product or a menu. Derived information is an estimate and sections 10 and 11 apply to it.

This is the category where being wrong matters most, so it is stated plainly: we do not verify any allergen or dietary information in your account, whether you entered it, imported it, or a CaterCloud feature produced it. An ingredient can change, a supplier can reformulate, an import can mis-map a field, and an AI reading of a recipe can simply be wrong. You are responsible for confirming allergen and dietary information against your actual ingredients, recipes and suppliers before you communicate it to a customer or rely on it to serve someone.

CaterCloud is not a food-safety management system. Your food-safety obligations — including hygiene, temperature control, traceability, labelling, record-keeping and any supervisor or certification requirement — are yours, and nothing in the Service discharges them.

25. Referral, affiliate and partner programme

Where we make a referral, affiliate or partner programme available and you take part, you may earn a commission on the terms published for that programme at the time. Those terms, including rates and qualifying conditions, may change on reasonable notice, and a commission is earned only on a referral that qualifies under them.

Commission is not payable on a referral that is fraudulent, self-referred, made through undisclosed or misleading promotion, or that is refunded, charged back or cancelled; we may withhold, reverse or recover it in those cases, and may suspend or end your participation for breach of these Terms or of the programme terms. You are responsible for your own tax on any commission you earn, for the accuracy of the business and tax details you give us, and for disclosing the commercial relationship wherever you promote CaterCloud.

Where the programme operates on a recipient-created tax invoice basis, you agree that we may issue tax invoices for the commission payable to you, that you will not issue your own for the same supply, and that you will tell us promptly if your tax-registration status changes. That arrangement ends if either of us stops being registered where registration is required.

26. API access, webhooks and data export

CaterCloud lets you send your data out — to an endpoint you configure, to a connected third-party service, or as a file you export. What you do with it after that is outside the Service and outside our control.

A webhook or an export usually carries personal information about your customers, your staff or both. You choose the destination, so you are responsible for it: for having the lawful basis to send it there, for securing the endpoint and anything it writes to, for keeping signing secrets and API credentials confidential, and for revoking them when they are no longer needed. Treat a leaked secret as a data-breach question, not a configuration one. We may set or change rate limits, require a version, or withdraw an endpoint, and will take reasonable steps to give notice before a change that breaks something you rely on.

27. Automated and agentic features

Some parts of the Service act without you present each time: message sequences that send on a schedule, background jobs that sync or recalculate, features that draft or publish on your behalf, and assistants that propose an action for you to confirm. Where a feature asks you to confirm an action, your confirmation is your authorisation for it, and you are responsible for what follows.

These features run under your account and within the permissions you give them, and everything you agree to elsewhere in these Terms about messages, content, estimates and AI output applies to what they produce. We may rate-limit, pause, or narrow what an automated feature can do — to protect the Service, to control cost, or where we reasonably believe something is going wrong — and we may do so without notice where the risk is immediate. Review what an automated feature is set up to do before you enable it, and check its output before you rely on it.

28. Representing your business to AI services and booking platforms

People increasingly find and book a caterer by asking an AI assistant rather than by searching a list. So that your business can be found and booked that way, we may describe it to AI services, assistants, agents, directories, search engines and booking platforms, and let them read the business information you publish through CaterCloud — so that when someone asks one of them for a caterer who can do what you do, on the date they need, your business is an answer they can give and act on.

For that purpose we use information ABOUT YOUR BUSINESS, and only information you have already chosen to make public through CaterCloud. That includes your business name, description and branding; where you operate and how far you travel; your menus, packages and what they include; your prices, minimum spends and any date-based pricing; your availability, lead times and booking windows; your photographs; reviews you have published; and your contact and booking links.

WE DO NOT SHARE YOUR CUSTOMERS FOR THIS PURPOSE, AND WE WILL NOT. Nothing about the people you serve is used to represent your business to an AI service or platform — not your contacts, leads or enquirers; not their names, addresses, phone numbers or email addresses; not their quotes, invoices, payments, events or bookings; not your conversations with them; not their dietary requirements or allergies; and not your staff records. Not to describe you, not to help an AI answer a question, and not for anyone to train a model on. Your customer list is yours, and it is not part of what we publish about you.

IMPORTANT — THIS IS NOT THE SAME AS THE AI FEATURES INSIDE CATERCLOUD, which are a different thing and are described in section 9 and in our Privacy Policy. When you ask CaterCloud to draft a reply to an enquiry, summarise a conversation, or answer a call for you, the content you are asking it to work on is by its nature sent to an AI provider to produce the result you asked for — and that content may well contain your customer’s information, because it is their message. That is you directing us to process it, it is disclosed in our Privacy Policy, and it is not what this section is about. This section is about what we say about your business OUTWARD, unprompted, to win you work.

WHAT WE CANNOT PROMISE. We do not control what a third-party AI service, assistant or platform does with information it reads, how it describes your business, whether it keeps its description current, or whether it presents you at all. It may quote a price that has changed, describe a menu you have retired, state that you are available on a date you are not, or answer for you in words you would not have chosen. We do not warrant any of it, sections 11 and 12 apply to it in full, and you should confirm any booking, price or commitment that reaches you this way before you honour it — the same as you would one that reached you by phone.

If you do not want your business represented to AI services and platforms this way, contact us and we will stop. Making your CaterCloud pages non-public also takes them out of scope, because the only information used here is information you have published.

29. The CaterCloud marketplace and marketplace fees

Where we list your business on the CaterCloud marketplace, or on another booking channel we operate, and a customer we introduced books you, a marketplace fee applies to that booking. The rate is the one we tell you in writing when we list your business, or as we later change it on at least 30 days’ notice; a change applies to payments received after it takes effect. The fee applies to the first booking that customer makes with you, including its deposit, its balance and any other payment for it. Later bookings by that customer are not charged the marketplace fee. A customer who was already yours before we introduced them is treated as your own customer, and no marketplace fee applies to them.

WHERE THE CUSTOMER PAYS THROUGH CATERCLOUD. When a customer pays for a marketplace booking by card or another method through your connected Stripe account, the marketplace fee is deducted automatically at the time of payment.

WHERE THE CUSTOMER PAYS ANY OTHER WAY, THE FEE STILL APPLIES. If a customer we introduced pays you for that booking by bank transfer, cash, another payment provider or any other method outside CaterCloud’s Stripe payments, the same marketplace fee is owed on that payment. You authorise us to add it as a line on your next CaterCloud subscription invoice and to charge it to the payment method on file for your subscription, together with any tax described in section 4. If you have no CaterCloud subscription when it falls due, we may invoice it to you separately. Paying outside CaterCloud does not avoid the fee.

You agree to record in CaterCloud every payment you receive for a marketplace booking, however it was paid, and not to ask, encourage or allow a customer we introduced to pay you outside CaterCloud, or to rebook with you outside CaterCloud, in order to avoid a marketplace fee. If a payment was recorded in error and you void it, we reverse its fee: we remove the line from your next invoice or, if it has already been invoiced, credit it to your account against a later one. If you refund a customer for a marketplace booking, contact us and we will adjust the fee where it is fair to do so.

AVOIDING THE FEE. If we reasonably believe that a marketplace booking was paid for, or rebooked, outside CaterCloud to avoid a marketplace fee, we will tell you what we found and give you a reasonable opportunity to respond before we act, unless the circumstances make that impractical. If, after that, we are satisfied that it happened, what we do depends on how many times it has happened in the previous 12 months:

• The first time: we recover the marketplace fee, calculated on the value of the booking as agreed with the customer, and give you a written warning.
• The second time: we recover the fee as above, charge an administration fee of AUD $100 (plus GST) to cover the cost of investigating and recovering it, and suspend your marketplace listing for 30 days.
• The third time: we recover the fee and the administration fee as above, and may remove your business from the marketplace permanently.
• We recover these amounts by adding them to your CaterCloud subscription invoice, or by invoicing you separately if you have no subscription. A suspension or removal applies to your marketplace listing only; your subscription and the rest of the Service continue. Our rights under sections 8 and 35 also continue to apply.

30. Services we perform for you

Separately from your subscription, we sometimes do work for you rather than giving you a tool to do it — building or migrating your website, setting up your menu, importing your data, or configuring your account. Where you buy that work, this section applies to it and the rest of these Terms continue to apply to the Service itself.

We will perform it with reasonable care and skill. What we deliver depends on what you give us: content, branding, menus, prices, photographs and access to your existing accounts. You are responsible for having the rights to everything you hand over, and for reviewing and approving what we produce before it goes live — once it is published under your business name it is yours, and you are the one your customers will hold to it.

Unless we agree otherwise in writing, you own the finished deliverable for your own business use once you have paid for it, and we keep ownership of the underlying platform, design system, reusable components and know-how we used to build it — including anything of ours the deliverable sits on or is generated from. A timeframe we give you is an estimate, not a deadline, and section 11 applies to it. We are not responsible for a third party you engage or a service you separately subscribe to.

31. Intellectual property

The Service, and all software, content and materials we provide (excluding Your Content), are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them. “CaterCloud” and our logos are our marks and may not be used without permission.

32. Warranties and disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, secure, or fit for a particular purpose, or that AI output, estimates, projections, forecasts, benchmarks, calculations, availability, scheduling or other operational information will be accurate, complete, current or delivered on time. Sections 10 to 13 set out what that means for the figures and operational information you run your business from.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of such a guarantee can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of having it re-supplied.

33. Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or relating to the Service or these Terms, even if advised of the possibility. For the avoidance of doubt, this includes loss arising from reliance on an estimate, projection, forecast, benchmark or calculated figure (section 11), and from operational information being wrong, missing, late or unavailable (section 13).

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the liability (or AUD $100 if you paid us nothing). These limits do not apply to liability that cannot lawfully be excluded or limited. This section survives termination.

34. Indemnity

To the extent permitted by law, you will indemnify and hold us harmless from claims, losses, liabilities and reasonable costs (including legal costs) arising out of or relating to: Your Content; your use of the Service; the messages, websites, quotes, invoices and advertising you create or send; the personal information you handle (including your customers’ and staff’s); your tax, payment, employment and consumer-law obligations; the business decisions you make on the basis of estimates, projections, forecasts or other figures the Service produces, and anything you represent to a third party on the strength of one; and your breach of these Terms or of applicable law.

35. Term and termination

These Terms apply while you use the Service. You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, use the Service in a way that creates legal or security risk, or where required by law — with notice where practical.

On termination, your right to use the Service ends. For a limited period after termination you may be able to export your data; after that we will delete or de-identify it in line with our Privacy Policy, except where retention is required. Sections that by their nature should survive (including ownership, disclaimers, liability limits, indemnity and governing law) survive termination.

36. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you (for example by posting the updated Terms with a new effective date or by email). Changes are not retroactive, and your continued use of the Service after they take effect means you accept them.

37. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place, without affecting any consumer-protection rights or mandatory law that applies where you are (see the regional notes below). Before starting formal proceedings, the parties will try in good faith to resolve any dispute by discussion.

38. General

These Terms (with our Privacy Policy and any plan-specific or feature-specific terms) are the entire agreement between us about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a business transfer. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be given in-app or by email to your account address.

Governing law by region

Consumer protections and mandatory law that apply to you depend on where you use CaterCloud. The notes below summarise the position for each market we serve; nothing in these terms limits rights you have that cannot lawfully be excluded.